EGSwap Terms of Service

Last modified: 1 November, 2023

These Terms of Service (the “Agreement”) explains the terms and conditions by which you may access and use https://egswap.exchange and any subdomains associated with the Website. You must read this Agreement carefully as it governs your use of the Website. By accessing or using the Website, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Website and should not use the Website.

NOTICE: This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. The Website is only available to you — and you should only access the Website — if you agree completely with these terms.

Introduction

The Website provides access to (a) a decentralized protocol on various public blockchains, including but not limited to BNB Chain, and Ethereum, that allow users to trade certain compatible digital assets (“the EGSwap protocol” or the “Protocol”), among other services. The Website is one, but not the exclusive, means of accessing the Protocol.

To access the Website, you must use non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of that third party, not this Agreement. Wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Website, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

Modification of this Agreement

We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modifications, we will notify you by updating the date

at the top of the Agreement and by maintaining a current version of the Agreement at https://egswap.exchange/terms-of-service.

All modifications will be effective when they are posted, and your continued accessing or use of the Website will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Website.

Description of Services provided through the Website

The Website provides a web or mobile-based means of accessing the Protocol.

Website for accessing Protocol

The Website is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. The Protocol itself comprises open-source or source-available self-executing smart contracts that are deployed on various public blockchains, such as BNB Chain, and Ethereum. EGSwap does not control or operate any version of the Protocol on any blockchain network. By using the Website, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol. When traders pay fees for trades, those fees accrue to liquidity providers for the Protocol. As a general matter, the EGSwap team is not a liquidity provider into Protocol liquidity pools and liquidity providers are independent third parties. The Protocol was initially deployed on the BNB Chain blockchain, and has since been deployed on several other blockchain networks.

Eligibility

To access or use the Website, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Website.

You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list

maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of the Website will fully comply with all applicable laws and regulations, and that you will not access or use the Website to conduct, promote, or otherwise facilitate any illegal activity.

Intellectual Property Rights

EGSwap owns all intellectual property and other rights in the Website and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, designs, and its “look and feel.” Unlike the Website, the Protocol is comprised entirely of open-source or source-available software running on public blockchains.

Additional Rights

We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to the Website; (b) to review, modify, filter, disable, delete and remove any and all content and information from the Website; and (c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.

Prohibited Activity

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Website:

  • Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
  • Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
  • Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
  • Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as “rug pulls”, pumping and dumping, and wash trading.
  • Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including (but not limited to) the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.
  • Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
  • Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from the Website.
  • Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable.
  • Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by U.S. law.

Not Registered with the SEC or Any Other Agency

We are not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf. We also do not facilitate the execution or settlement of your trades, which occur entirely on the public distributed blockchains like Ethereum. As a result, we do not (and cannot) guarantee market best pricing or best execution through the Website or when using our Smart Router feature, which routes trades across liquidity pools on the Protocol only. Any references in the Website to “best price” do not constitute a representation or warranty about pricing available through the Website, on the Protocol, or elsewhere.

Non-Solicitation; No Investment Advice

You agree and understand that: (a) all trades you submit through the Website are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades,

including those you place via our Smart Router API; and (c) we do not conduct a suitability review of any trades you submit.

We may provide information about tokens in the Website sourced from third-party data partners through features such as rarity scores, token explorer or token lists (which includes the EGSwap default token list and EGSwap expanded list hosted at tokenlists.org). We may also provide warning labels for certain tokens. The provision of informational materials does not make trades in those tokens solicited; we are not attempting to induce you to make any purchase as a result of information provided. All such information provided by the Website is for informational purposes only and should not be construed as investment advice or a recommendation that a particular token is a safe or sound investment. You should not take, or refrain from taking, any action based on any information contained in the Website. By providing token information for your convenience, we do not make any investment recommendations to you or opine on the merits of any transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.

Non-Custodial and No Fiduciary Duties

The Website is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how the Website will operate with any specific wallet. Likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.

This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

Compliance and Tax Obligations

The Website may not be available or appropriate for use in your jurisdiction. By accessing or using the Website, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.

Specifically, your use of the Website or the Protocol may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.

Assumption of Risk

By accessing and using the Website, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as ether (ETH), so-called stablecoins, and other digital tokens such as those following the Ethereum Token Standard (ERC-20), or standards of any other digital tokens which are transacted on EGSwap.

In particular, you understand that the markets for these digital assets are nascent and highly volatile due to risk factors including (but not limited to) adoption, speculation, technology, security, and regulation. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. So-called stablecoins may not be as stable as they purport to be, may not be fully or adequately collateralized, and may be subject to panics and runs.

Further, you understand that smart contract transactions automatically execute and settle, and that blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and accept the risk of selecting to trade in Expert Modes, which can expose you to potentially significant price slippage and higher costs.

If you act as a liquidity provider to the Protocol through the Website, you understand that your digital assets may lose some or all of their value while they are supplied to

the Protocol through the Website due to the fluctuation of prices of tokens in a trading pair or liquidity pool.

Finally, you understand that we do not create, own, or operate cross-chain bridges and we do not make any representation or warranty about the safety or soundness of any cross-chain bridge, including its use for EGSwap governance.

In summary, you acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Website. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Website to interact with the Protocol.

Third-Party Resources and Promotions

The Website may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Website. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.

Release of Claims

You expressly agree that you assume all risks in connection with your access and use of the Website. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Website. If you are a California resident, you waive the benefits and protections of California Civil Code Section 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Website; (b) your violation of any term or

condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the Website with your assistance or using any device or account that you own or control.

No Warranties

The Website is provided on an "AS IS" and "AS AVAILABLE" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge and agree that your use of the Website is at your own risk. We do not represent or warrant that access to the Website will be continuous, uninterrupted, timely, or secure; that the information contained in the Website will be accurate, reliable, complete, or current; or that the Website will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Website. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Website.

Similarly, the Protocol is provided "AS IS", at your own risk, and without warranties of any kind. Although we contributed to the initial code for the Protocol, we do not provide, own, or control the Protocol, which is run autonomously without any headcount by smart contracts deployed on various blockchains. Upgrades and modifications to the Protocol are generally managed in a community-driven way by holders of the EG token. No developer or entity involved in creating the Protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Website.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT

OF OR RELATING TO ANY ACCESS OR USE OF THE INTERFACE, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE INTERFACE OR THE INFORMATION CONTAINED WITHIN IT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE INTERFACE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE INTERFACE; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

Dispute Resolution

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to admin@egtoken.io so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.

Any claim or controversy arising out of or relating to the Website, this Agreement, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the arbitration in accordance with the British Virgin Islands (BVI) IAC Rules of Arbitration.. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to Arbitration Rules of the Centre. The arbitration will be held in BVI, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Governing Law

You agree that the laws of BVI, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Website shall be deemed to be based solely BVI, and that although the Website may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside BVI. Any arbitration conducted pursuant to this Agreement shall be governed by the Arbitration Rules of the Centre. You agree that the courts of BVI are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.

Entire Agreement

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

Gas Fees

Blockchain transactions require the payment of transaction fees to the appropriate network (“Gas Fees”). Except as otherwise expressly set forth in the terms of another offer by EGSwap, you will be solely responsible to pay the Gas Fees for any transaction that you initiate.


EGSpectre Terms of Service

Last modified: Last modified: 1 November, 2023

By accessing and using the eswap.exchange/egspectre or egspectre.com (“Website”) and its anonymous swap system (“EGSpectre Protocol” or “Protocol”), you agree to the following terms and conditions that may be modified, changed, supplemented, or updated periodically (collectively, these “Terms” ), as well as all applicable laws and regulations. The Terms of Use Agreement (“ Agreement””) affects your legal rights, as a result, we suggest you read it carefully. If you do not agree to all the stipulated terms and conditions, you may not use this website egswap.exchange / egspectre.com (“ Website”), swap digital currency which is not limited to but includes digital currency such as BTC, BNB, ETH and USDT (“Digital Currency”), nor use any information, links or content contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to comply with each of the terms and conditions established below, including our Privacy Policy, which are incorporated in these terms and conditions by reference. These terms may be modified, changed, supplemented, or updated by the Company in its sole discretion at any time without advance notice. We suggest that you visit this page regularly to keep up to date with any changes. If you do not agree to such revised terms, you must stop immediate use of this Website and any information, links or content contained on this Website.

SCOPE OF SERVICES

The Protocol provides the following services (“Services ”):

Allows the user (“User”) to select the Digital Currency User wishes to exchange from (the “IN Token”) and the Digital Currency that User seeks to receive (the “OUT Token”). In all cases, both the IN Token and OUT Token are paired with the Monero token (“XMR ”) (IN Token and OUT Token are jointly referred to as the “Crypto Pair”).

We aggregate various exchange quotes and optimizes for the lowest fees and maximum security based on vendor quotes.

Allows User to accept these quotes and route their transaction to the respective exchanges.

Provides an exchange-generated destination address where the User may send funds into to initiate the exchange.

Helps track the funds as they move through the two exchanges.

At no point does the Protocol safekeep, store, transfer, transmit, or route users funds or assets. User funds or assets are transferred and transmitted by exchanges, not the Protocol. For greater clarity, the Protocol has no access to the exchange-generated address, however it can reach out to the exchange for support.

WEBSITE DISCLAIMER

The Website is not intended for use by anyone under the age of eighteen (18). Digital Currency may not be purchased or swapped through the Website by anyone under the age of eighteen (18). By using the Website and/or purchasing or swapping Digital Currency through this Website, you represent and warrant that you (a) are at least eighteen (18) years of age or older, (b) purchasing the Digital Currency in your individual capacity as the beneficial owner thereof and not as a representative or

agent of a third-party or a third-party entity (i.e. non-natural person), (c) have not been previously suspended or removed from the Website, or engaged in any activity that may result in suspension or removal from the Website, and (d) have full power and authority to enter into this Agreement and consequently will not violate any other agreement to which you are a party. You acknowledge and agree that the Protocol reserves the right to prohibit persons and third-party entities from trading if they are domiciled in a jurisdiction (domestic or foreign) which restricts such participation.

The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation, or which would subject the Protocol or the Services to any registration, licensing or other authorization requirement within such jurisdiction or country.

CREDIT CARD PAYMENT TERMS, PASSWORDS AND ACCOUNTS

All credit card charges are final and non-refundable. You are responsible for maintaining access to the wallet address linked to the account and restricting access to your computer and /or any other electronic devices (e.g. mobile/smart phones, digital wallets, etc.) that may be used or accessed with such account(s). The Protocol is not under any obligation to verify the actual identity or authority of any user. The Protocol may rely on the authority of anyone accessing your account or using your wallet address linked to the account and will not be liable, either directly or indirectly, for any damages and expenses relating to any unauthorized use of such account. You agree that you are solely responsible for all activities that occur on your account.

You agree to immediately notify the Protocol in writing if the confidentiality of your account or wallet address is compromised. The Protocol has the right to take any actions that it deems reasonable in such event if it shall have no liability for any acts or omissions in this regard. The Protocol has the sole and independent discretion to cancel or suspend your account at any time for any reason without any notice or liability to you or any other person.

ANTI-MONEY LAUNDERING (AML) REGULATIONS

The Protocol maintains a Know-Your-Customer (KYC) policy to comply with Record keeping Requirements. If your proposed purchase is flagged through our internal controls or an exchange partner’s internal controls, we reserve the right to refund your exchange, less any applicable fees incurred by the Protocol during such refund process.

The Services are not to be used in any way, either directly or indirectly, as a means, tool, or other mechanism as a platform for criminals or for those with criminal intentions. Exchange partners that the Protocol works with each maintain strict AML policies as it relates to criminal activity. Exchange partners may freeze a swap if there is an active, ongoing, law enforcement investigation related to the sending or

receiving address. The Protocol has implemented policies and procedures to facilitate proper escalation protocols to be followed with regulatory authorities and agencies should an investigation warrant.

We may not make Services available in all markets and jurisdictions. The Services are not intended for use by individuals who are citizens or nationals of or resident in a restricted location, where the local laws prohibit you at any time (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services. At this time, restricted locations include the United States of America, Canada, France, North Korea, Sudan, Crimea and Sevastopol, Republic of Cuba, Syrian Arab Republic, People’s Republic of China, Japan, Republic of Iraq, Republic of Yemen, Federal Republic of Somalia, Republic of Congo, State of Libya, Republic of Liberia, State of Eritrea, Republic of Mali, Republic of Zimbabwe, Republic of Côte d’Ivoire, the Islamic Republic of Iran and any state, country or other jurisdiction that is embargoed by England and Wales.

For greater clarity, the content of the Terms shall not be excluded from the laws of the country or region under which the User belongs. As a result, if you do not meet these eligibility requirements, do not use our Services.

REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES

To generate earnings on Digital Currency swaps, you must register for a Protocol account on the Website (“Account”). By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update periodically as necessary your Account information, (c) maintain the security of your wallet address linked to the account and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your Account. The Protocol will take all reasonable and practical measures to block multiple accounts of the same user.

By creating an Account, you consent to receive electronic communications from us (e.g. via email or by posting notices to the Website). These communications may include notices about your Account (e.g. password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. The Protocol does not provide custodial services whereby the Digital Currency is not stored as part of user transactions

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Protocol and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, lawyers’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever.

DISCLAIMER

RISKS INVOLVED

Prospective users of the Company Digital Currency platform who buy, sell, swap, and hold Digital Currency should carefully consider and evaluate all risks and uncertainties associated with the Company and its business and operations.

Potential risks include, but are not limited to:

  • Regulations and compliance risks
  • Highly speculative trading price risks
  • Digital currency may be non-refundable and illiquid

    There is no guarantee of liquidity or market price of any Digital Currency at any extent at any time. At any given time in transacting, there may be limited or no liquidity in the ability to buy and/or sell digital currencies to effectuate transactions. The Protocol bears no responsibility for this lack of liquidity in any of its functional Digital Currencies traded on its platform. Liquidity refers to the extent to which a market allows assets to be bought and sold at stable prices. Lower liquidity tends to result in a more volatile market (especially when large orders are placed), and it causes prices to change more drastically; whereas higher liquidity creates a less volatile market, and prices do not fluctuate as significantly. The Protocol cannot guarantee that there will be any demand or market for any digital currencies allowed to be traded on its platform.

    Any one or all of our exchange partners may at any time freeze or temporarily suspend access to User funds in accounts because of Know-Your-Customer requirements or other nefarious activities, law enforcement, etc.

    Regulation of digital currency platforms in Britisih Virgin Islands (BVI) or worldwide, and/or regulation of digital swap platforms in BVI or worldwide, may materially and adversely affect the market perception or market price of any of the digital currencies bought or sold using EGSpectre, whether it is justified.

    The Protocol may experience system failures, unplanned interruptions in its network or services, hardware or software defects, security breaches or other causes that could adversely affect the Protocol’s infrastructure network, and/or the Protocol’s platform.

    The Protocol is not able to anticipate occurrences of hacks, cyberattacks, distributed denials of service or errors, vulnerabilities or defects in EGSpectre, the smart contracts on which the Protocol relies on, or on the Ethereum blockchain, or on any other blockchain. Such events may include, for example, flaws in programming or source code leading to exploitation or abuse thereof. The Protocol may not be able to detect such hacks, cyber-attacks, distributed denials of service errors, vulnerabilities or defects in a timely manner and may not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.

    The Protocol may be prone to attacks on its infrastructure intended to steal information about its technology, financial data or user information or take other actions that would be damaging to Protocol and/or holders of all Digital Currencies. Any significant breach of Protocol security measures or other disruptions resulting in a compromise of the usability, stability, and security of EGSpectre may adversely affect the ability of uses to buy and sell Digital Currencies.

    The Protocol is dependent in part on the location and data center facilities of third parties. The Protocol’s current infrastructure network is in part established through servers which are housed at the location facilities of third parties, and servers that it rents at data center facilities of third parties. If the Protocol is unable to renew its data facility lease on commercially reasonable terms or at all, Protocol may be required to transfer its servers to a new data center facility and may incur significant costs and possible service interruption in connection with the relocation. These facilities are also vulnerable to damage or interruption from, among others, natural disasters, arson, terrorist attacks, power losses, and telecommunication failures. Any such security breaches or damages which occur which impact upon Protocol’s infrastructure network and/or the EGSpectre may adversely impact the ability to buy and sell cryptocurrencies.

    Suppliers on which the Protocol relies for servers, bandwidth, location and other services could also be negatively impacted by economic conditions that, in turn, could have a negative impact on the Protocol operations or expenses. There can be

    no assurance, therefore, that current economic conditions or worsening economic conditions or a prolonged or recurring recession will not have a significant adverse impact on Protocol’s business, financial condition, and results of operations and hence the EGSpectre and/or ability to structure, license and launch the EGSpectre future business lines. Any such circumstances would then correspondingly negatively impact the trading price of any of the digital currencies. The Protocol or any of the functional digital currencies allowed to be bought or sold through the Protocol may be affected by newly implemented regulations.

    Buying or selling Digital Currency is generally unregulated worldwide and highly uncertain, while numerous regulatory authorities across jurisdictions have considered implementing regulatory regimes which govern Digital Currency or Digital Currency markets. Any such circumstances would then correspondingly negatively impact the trading price of any of the digital currencies. The Protocol or any of the functional digital currencies allowed to be bought or sold through the Protocol may be affected by newly implemented regulations.