These Nexo Terms of Service DO NOT apply to residents of the EEA, including the EU and all associated with it overseas countries and territories, Andorra, Monaco, San Marino, Switzerland, Vatican City, United Kingdom, USA and its territories, Canada, United Arab Emirates, Australia and New Zealand. If you are a resident of any of these jurisdictions, please refer to the relevant terms for your jurisdiction.

Nexo Terms of Service

Effective Date: February 22, 2025¹

I. INTRODUCTION

These Nexo Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you (“Client” or “you”) and any holding company, subsidiary, or entity belonging to the Nexo group of companies оr operating under any Nexo brand name or trademark (“Nexo” or “we”), governing our contractual relations in regard to your use of Nexo’s services, products, websites, and mobile applications, along with any applicable third-party terms. You and Nexo are hereinafter separately referred to as “Party” and jointly - as “Parties”.

You shall take your time and carefully read these Terms before using the services, products, websites, and mobile applications provided by Nexo. Keep in mind that by using them (even only by completing the sign-up process), you both actively agree with these Terms and enter into contractual relations with Nexo.

II. DEFINITIONS

1. Applicable Law means any law, statute, regulation, ordinance, treaty, guideline, policy, and act issued by any governmental or regulatory authority in any relevant jurisdiction, including but not limited to the governing law under Section XVIII of these Terms and/or any provision of the Exhibits thereto.

2. Base Asset means the first Digital Asset in the Trading Pair, as indicated on the Nexo Platform and in the Nexo Account, which may be chosen by you for the purpose of an Exchange Transaction.

3. Business Day(s) means any day(s) when banking institutions in the relevant jurisdiction are open for normal business activities (which usually means any day(s) except Saturday, Sunday or public holidays).

4. Counter Asset means the second Digital Asset in the Trading Pair, as indicated on the Nexo Platform and in the Nexo Account, which may be chosen by you for the purpose of an Exchange Transaction.

5. Credit Wallet means a Digital Asset Wallet in the Client’s Nexo Account comprising all the Digital Assets of this Client used or intended to be used as Collateral of Nexo Crypto Credits, but excluding the Digital Assets serving as Collateral in the Futures Wallet.

6. Crypto Bundle means a pre-determined selection of Digital Assets serving as Counter Assets, where the Client may, under a single Order, execute several Exchange Transactions using a common Base Asset, divided equally between the Trading Pairs.

7. Digital Assets means any digital assets, such as cryptocurrencies, stablecoins, and tokenized assets, including NEXO Tokens, approved and supported by Nexo, and subject to revision, prohibitions, and limitations at any time.

8. Digital Asset Wallet means a wallet wherein all the Digital Assets approved and supported by Nexo can be stored by the Client.

9. Dual Investment Subscription means an order whereby you subscribe to the Nexo Dual Investment Product by choosing the amount and type of the Subscription Currency and the Settlement Date for the execution of an Exchange Transaction for the Settlement Currency at the specified by you Target Price, according to the settlement preconditions as defined in Exhibit VIII.

10. Eligible Digital Asset means the Digital Asset indicated on the Nexo Platform and in the Nexo Account, eligible for using the Nexo Staking Product, subject to revision from time to time, at our sole and absolute discretion.

11. Entry Price means the price at which a Futures Contract is opened.

12. EURx/GBPx/USDx means a native Digital Asset of Nexo, available only on the Nexo Platform.

13. Exchange means any exchange used by Nexo for the purpose of an Exchange Transaction.

14. Exchange Price means the price at which an Exchange Transaction is executed by Nexo, including the relevant Fees, if any.

15. Exchange Transaction means a sale transaction regarding a Trading Pair initiated by the Client in the Nexo Account, by an Order to Nexo to place a sale order with an Exchange(s) and execute a sale transaction thereon, and/or the sale transaction executed by Nexo on the relevant Exchange(s), while the above sale transactions may be more than one, as the case may be and to the extent needed and applicable.

16. Exit Price means the price at which a Futures Contract is closed.

17. Fees means any fees payable to Nexo with regard to the Nexo Account and use of the Nexo Services, as indicated on the Nexo Platform and/or in the Nexo Account at a given time or otherwise agreed with us, and subject to revision from time to time, at our sole and absolute discretion.

18. Fork means a software change to the underlying protocols of the Digital Assets’ networks.

19. Funding Fees means any Fees due by the Client in regard to a Futures Contract, including but not limited to the Funding Rate.

20. Funding Rate means any positive or negative rate derived from the information from the relevant Exchange(s) and used by Nexo to determine the Funding Fees due by the Client in regard to a Futures Contract.

21. Futures Contract means a Perpetual Futures contract collateralized by a stablecoin determined by Nexo, regarding which a Futures Order can be executed through the Nexo Platform.

22. Futures Order means an instruction to Nexo for opening or closing a Futures Contract, which can be executed through the Nexo Platform, and any other related transaction.

23. Futures Wallet means a Digital Asset Wallet in the Client’s Nexo Account comprising all the Digital Assets of this Client used or intended to be used as Collateral of Nexo Crypto Credits for the execution of Futures Orders.

24. Intellectual Property means any intellectual and industrial property rights belonging to Nexo, including but not limited to trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade, and company names, etc.

25. Interest means the interest rate accrued in relation to the relevant Nexo Service and subject to revision at any time, as well as the amount of the interest resulting from the accrual.

26. Leverage means the amount of Digital Assets that you can use to multiply your position in a Futures Contract, within the limits as indicated on the Nexo Platform.

27. Locked Balance means the amount of Collateral in your Futures Wallet, which cannot be withdrawn or disposed of in any manner until the closing, execution, cancellation, or rejection of the relevant Futures Contract, or repayment of the related Nexo Crypto Credit.

28. Margin Risk means the metric through which Nexo monitors the collateralization of your Nexo Crypto Credit granted for the use of the Nexo Futures Product.

29. Nexo Account means a personal or business account opened with Nexo, through which you can use the Nexo Services.

30. Nexo Booster means a product offered by Nexo, combining the features of the Nexo Crypto Credit and the Nexo Exchange Service and allowing you to multiply your Portfolio Balance within the limits, for the Digital Assets, and under the conditions, as indicated in these Terms, on the Nexo Platform and in the Nexo Account.

31. Nexo Card means a product offered by and issued under the brand name of Nexo, which can be used in certain jurisdictions, as the case may be, in relation to the Nexo Services.

32. Nexo Card Currency means the currency chosen by the Client upon issuance of a Nexo Card, among the options provided by the card provider, as indicated in the Nexo Account and on the Nexo Platform.

33. Nexo Crypto Credit means any Digital Assets credit facility granted by Nexo and the total amount of the credit due by the Client to Nexo at any time until its full repayment, including the principal, the Interest, and any Fees due to Nexo in accordance with these Terms and the relevant Exhibit.

34. Nexo Dual Investment Product means a product offered by Nexo, combining the features of the Nexo Earn Interest Product and the Nexo Exchange Service and allowing you to execute an Exchange Transaction if the Target Price is reached at the Settlement Date, while earning Interest on the Subscription Currency, under the conditions and within the limitations, as indicated in these Terms, on the Nexo Platform, and in the Nexo Account.

35. Nexo Earn Interest Product means a product offered by Nexo, allowing you to earn Interest on your Digital Assets in accordance with these Terms and the relevant Exhibit.

36. Nexo Exchange Service means the execution by Nexo of exchange transactions and the topping up of the proceeds thereof, respectively the relevant Digital Assets, into the Savings or Credit Wallets of the Clients’ Nexo Accounts, as the case may be, in accordance with these Terms and the relevant Exhibit.

37. Nexo Futures Product means a product offered by Nexo, allowing you to open or close a Futures Contract, within the limits and under the conditions, as indicated in these Terms, on the Nexo Platform and in the Nexo Account.

38. Nexo Loyalty Program means a program offered by Nexo, providing the Client with the option to obtain preferential terms subject to certain criteria, including but not limited to holding of certain amount of NEXO Tokens, as indicated in Exhibit IX, on the Nexo Platform and in the Nexo Account.

39. Nexo Platform means any Nexo website, mobile application, and any other official Nexo communication channel, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.

40. Nexo Pro Account means a Client’s account on the Nexo Pro Platform opened by Nexo upon Client’s request and subsequently used by the Client for the purpose of the Nexo Pro Services.

41. Nexo Pro Platform means any Nexo website, mobile application, and any other official Nexo communication channel, separate from the Nexo Platform, through which the Nexo Pro Services are provided, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.

42. Nexo Pro Services means all services provided by Nexo through the Nexo Pro Platform.

43. Nexo Referral Program means a program offered by Nexo, providing the Client with a reward for referring new Clients to Nexo, as indicated in these Terms, the relevant Exhibit, as well as on the Nexo Platform.

44. Nexo Services means all services provided by Nexo through the Nexo Platform.

45. Nexo Staking Commission means a commission for facilitating the Staking at the amount indicated on the Nexo Platform, subject to revision from time to time at our sole and absolute discretion.

46. Nexo Staking Product means a product offered by Nexo, allowing you to earn Rewards by using your Eligible Digital Assets to participate in on-chain Staking in accordance with these Terms and the relevant Exhibit.

47. NEXO Token means a native utility Digital Asset of Nexo, providing the Client with the option to use a wide variety of additional features of the Nexo Services and/or be granted preferential terms by Nexo.

48. Order means an instruction from you to Nexo to execute an Exchange Transaction and top up the proceeds thereof, respectively the relevant Counter Assets, into your Savings or Credit Wallet, as the case may be.

49. Perpetual Futures means a Digital Asset chosen by the Client for the purpose of execution of a Futures Order.

50. Personal Data means any information about you that is necessary, among other things, for verification of your identity, use of the Nexo Services, and compliance with regulatory requirements.

51. Portfolio Balance means the total amount of all the Digital Assets in the Client’s Savings Wallet, Credit Wallet, and Futures Wallet.

52. Rewards means the rewards distributed to you by Nexo in Staked Digital Assets, less Nexo Staking Commission.

53. Savings Wallet means a Digital Asset Wallet in the Client’s Nexo Account comprising all the Digital Assets of the Client, excluding the ones moved to the Credit Wallet or the Futures Wallet, for the purpose of Nexo Crypto Credits collateralisation.

54. Settlement Currency means the type and amount of Digital Asset the Client shall receive on the Settlement Date if all preconditions as defined in Exhibit VIII are met.

55. Settlement Date means 08:00 UTC on the date when the Nexo Dual Investment Product matures, as chosen by the Client in the Nexo Account.

56. Settlement Price means the reference price of the Settlement Currency on the Settlement Date.

57. Stake Order means an instruction from you to Nexo to execute a Stake Transaction, respectively an Unstake Transaction.

58. Stake Transaction means a transaction regarding a Staking Pair initiated by the Client in the Nexo Account, by a Stake Order to Nexo to stake the selected amount of Eligible Digital Assets.

59. Staked Digital Asset means the relevant Digital Asset issued by Nexo as proceeds from a Stake Transaction, subject to prohibitions and limitations at any time, as indicated on the Nexo Platform.

60. Staking means the delegating or locking up of Eligible Digital Assets to earn Rewards.

61. Staking Pair means the Eligible Digital Asset paired with the Staked Digital Asset, and vice versa, regarding which a Stake Transaction, respectively an Unstake Transaction, is initiated by the Client and executed by Nexo.

62. Subscription Currency means the type and amount of Digital Asset that the Client uses to subscribe to a Dual Investment Subscription.

63. Subscription Period means the period defined in days, starting from the day following the relevant Dual Investment Subscription until the Settlement Date.

64. Target Price means the price of the Settlement Currency chosen by the Client, at which the latter wishes to execute an Exchange Transaction on the Settlement Date.

65. Trading Pair means a Base Asset and a Counter Asset, regarding which an Exchange Transaction is initiated by the Client and/or executed by Nexo.

66. Transaction History means the history of your transactions and all the details about the Digital Assets in your Nexo Account.

67. Target Price means the price determined by the Client under a Target Price Swap Order, at which an Exchange Transaction is executed by Nexo.

68. Unstake Transaction means a transaction regarding a Staking Pair initiated by the Client in the Nexo Account, by a Stake Order to Nexo to unstake the selected amount of Staked Digital Assets, together with the accrued Rewards.

For the purposes of this Agreement, unless otherwise specified, terms used in the singular include the plural, and terms used in the plural include the singular. References to any gender include all other genders, and references to a person or persons include individuals, corporations, partnerships and other business entities. The use of a particular term is for convenience only and is not intended to limit or define the rights and obligations of the Parties.

III. NEXO SERVICES

1. The Nexo Services comprise of:

1.1 The Nexo Wallet Service comprising of the Topping-up Service, Custody Service, Transfer Service, and Withdrawal Service;

1.2 The Nexo Exchange Service governed by Exhibit I to these Terms;

1.3 The Nexo Crypto Credit governed by Exhibit II to these Terms;

1.4 The Nexo Earn Interest Product governed by Exhibit III to these Terms;

1.5 The Nexo Card governed by Exhibit IV to these Terms;

1.6 The Nexo Booster governed by Exhibit V to these Terms;

1.7 The Nexo Staking Product governed by Exhibit VI to these Terms;

1.8 The Nexo Futures Product governed by Exhibit VII to these Terms;

1.9 The Nexo Dual Investment Product governed by Exhibit VIII to these Terms;

1.10 The Nexo Loyalty Program governed by Exhibit IX to these Terms;

1.11 The Nexo Referral Program governed by Exhibit X to these Terms;

1.12 Any other product, service or incentive program offered by Nexo that may be launched via the Nexo Platform or accessed through your Nexo Account.

2. All or part of the Nexo Services, some features thereof, or some Digital Assets may not be available to certain Clients or Digital Assets, to the extent applicable, at any time, as indicated in the Nexo Account and on the Nexo Platform.

3. The access to your Nexo Account will allow you to: (i) request a Nexo Service, (ii) view your balance and Transaction History, (iii) top up, withdraw and transfer Digital Assets, for which such options are available on the Nexo Platform and/or in the Nexo Account, and subject to revision from time to time at our sole and absolute discretion, (iv) perform other actions in relation to the above.

IV. ONBOARDING

1. By opening your Nexo Account and/or using the Nexo Services, unless stipulated otherwise in these Terms or the relevant Exhibit, you аcknowledge and confirm that:

1.1. You are not a citizen or resident of a sanctioned country, area or region according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, and any EU Member State, the UK Treasury, etc.;

1.2. You are not identified as a “Specially Designated National” and are not placed in the US Commerce Department’s Denied Persons List;

1.3. You are not a resident of the EEA, including the EU and all associated with it overseas countries and territories, Andorra, Monaco, San Marino, Switzerland, Vatican City, United Kingdom, USA and its territories, Canada, United Arab Emirates, Australia, and New Zealand and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Nexo Services or any of them;

1.4. You are at least 18 years old or of legal age to enter into contractual relations with Nexo (whichever is later);

1.5. You are the exclusive beneficial and/or legal owner of any Digital Assets to be topped up into your Nexo Account, or the fiat currency to be used for the purchase of such Digital Assets, as the case may be, to which these Terms apply;

1.6. You are the beneficial owner of your Nexo Account and do not act on behalf of or represent any other third party unless otherwise required or permitted under any Applicable Law, as evidenced by the necessary documents;

1.7. You comply with all Applicable Law requirements relevant to you and your use of the Nexo Services, such as tax, exchange control and registration ones, as well as with all Nexo’s requirements in this regard;

1.8. You have read, understood and agreed to our Privacy Policy, Cookies Policy and the present Terms.

2. You are not entitled to: (i) open more than one Nexo Account, (ii) open a new Nexo Account if we have previously suspended, limited or terminated your Nexo Account.

3. When you ask Nexo to open your Nexo Account, you shall provide Nexo with all the information and/or documents, as may be requested by Nexo or any third party acting on its behalf, so Nexo can verify your identity and validate your funding sources and transactions. Nexo or any third party acting on its behalf may additionally verify the information and/or documents provided by you from secure databases, to which you grant your explicit consent by entering into this Agreement. You hereby authorize Nexo to undertake any electronic identity verification checks on you directly or through third parties, either at the time of entering into this Agreement or at any time thereafter.

4. We can refuse to open your Nexo Account and grant you access to the Nexo Services or any of them, without being in any way obliged or required to provide you with the reasoning for this decision.

5. You hereby represent and warrant that all the information you provide Nexo with is complete, accurate and up-to-date at all times. If there are any changes in this information, you shall notify Nexo and send Nexo accurate information without any delay.

6. If at any point Nexo needs to verify that the information it has about you is complete, accurate and up-to-date, Nexo will contact you and request that you either provide more information or go through the verification process all over again. If you do not complete all the necessary steps, or if you fail to provide Nexo with complete, accurate and up-to-date information, Nexo will not be able to provide you with the Nexo Services. Nexo may also, at its sole and absolute discretion, restrict or terminate your access to the Nexo Services and/or the Digital Assets in your Nexo Account in the event of non-compliance with our requests for information, or if it is determined that the information provided by you is deceptive or false. You hereby acknowledge and agree that you shall not be entitled to any claim in respect of any losses incurred as a result of Nexo’s inability to provide you with the Nexo Services, or the restriction or termination of your access thereto.

7. In order to ensure compliance with local regulations, the Nexo Services, as well as their governing terms and conditions, may vary depending on the jurisdiction you have designated as such of your residence. Should you provide incorrect or incomplete information regarding your residencе or other relevant circumstances, whether intentionally or unintentionally, and if such misrepresentation results in the application of incorrect terms and conditions to your use of the Nexo Services, the appropriate terms and conditions that would have otherwise applied had the correct information been timely provided will apply retroactively from the date on which the incorrect information was provided. Any transactions executed, Interest, benefits, and accruals received, or Nexo Services used under the incorrect terms and conditions will be reviewed and reversed or adjusted in accordance with the correctly applicable terms and conditions unless otherwise provided by any Applicable Law. Failure to comply with any Nexo’s instructions with regard to the above reversals or adjustments may lead to suspension or termination of your Nexo Account, legal actions, or other remedies under any Applicable Law.

8. You hereby undertake to obtain all necessary hardware, as well as to install all necessary software, including security and antivirus, for your use of the Nexo Services in accordance with these Terms. You are solely responsible for keeping your device safe and maintaining adequate security and control of your username and password, including but not limited to keeping such username and password only to your knowledge and not disclosing them to any third party, and shall be solely responsible for any access to and use of the Nexo Services through your device, regardless of whether such access may have been made without your knowledge, authority, or consent. We will not be liable to you for any loss or damage resulting from such use. In case your device has been lost or stolen or has been accessed or used in an unauthorized manner, you shall notify Nexo of this and if the device has been accessed or used in an unauthorized manner, you shall, as soon as possible, reset the password.

V. TOPPING-UP SERVICE

1. You can top up Digital Assets into your Nexo Account at any time by effecting a Digital Assets transfer from: (i) your personal wallet to your Digital Asset Wallet, or (ii) your Nexo Pro Account, applicable only in case you have opened a Nexo Pro Account in accordance with the Nexo Pro Terms of Service, while specific requirements and limitations, such as but not limited to minimum amount of each Digital Asset and Margin Level threshold, may apply from time to time, as indicated оn the Nexo Platform or the Nexo Pro Platform. You can subsequently use the Digital Assets in your Nexo Account for the purpose of all Nexo Services.

2. You are responsible for making sure that: (i) you have the correct address for your Digital Asset Wallet when you transfer Digital Assets from your personal wallet, (ii) the Digital Assets you top up into your Digital Asset Wallet are currently approved and supported by Nexo and not subject to prohibitions or limitations regarding such topping-up, as indicated in the Nexo Account and on the Nexo Platform. If: (i) you transfer Digital Assets to an incorrect address, (ii) the Digital Assets transferred are not approved and supported by Nexo, or (iii) the Digital Assets are subject to prohibitions or limitations regarding such topping-up, as indicated in the Nexo Account and on the Nexo Platform, your Digital Assets will be irreversibly lost. We will not be liable to you for any such loss.

3. A transfer to your Digital Asset Wallet is confirmed once the balance of your Digital Asset Wallet has been updated with the corresponding amount.

4. We reserve the right to reject any transfer to the Client’s Digital Asset Wallet, in which case we proceed in accordance with their instructions. In case of a Digital Asset transfer to the Client, we will return the same amount of the relevant Digital Asset, less any applicable network fees.

5. You may purchase Digital Assets: (i) by transferring their purchase price to a dedicated Nexo's bank account via bank transfer (applicable only to EURx/GBPx/USDx), (ii) by using a credit or debit card and instructing Nexo to proceed with the relevant purchase transaction and/or initiate an Exchange Transaction under Exhibit I, as the case may be, depending on the type of Digital Assets subject to topping-up, or (iii) by using a third-party service provider and authorizing Nexo to share the necessary information therewith and subject to you completing any additional steps, leading to one or more purchase transactions that result in a top-up into your Nexo Account (applicable only to certain Digital Assets as indicated on the Nexo Platform).

6. You may opt to set up recurring Digital Assets purchases under Art. V.5.(ii) by selecting the amount of the purchase price and the type of Digital Asset within the limitations indicated in the Nexo Account and on the Nexo Platform. If you opt for recurring purchase transactions, they will occur in identical periodic installments, based on your selection, until you change or cancel it, or in the cases indicated in your Nexo Account and on the Nexo Platform. You understand and agree that the proceeds from the recurring purchase transactions will depend on the market price of the selected Digital Asset at the time of the execution.

7. You cannot reverse any transaction once you have provided the relevant instructions and/or payments to Nexo, and you cannot change, withdraw or cancel the authorisation to Nexo to complete any pending or partially completed transactions. Nexo is not liable for any partially completed transactions or delays in processing your instructions. You are responsible for all transactions initiated by you and your decisions in this regard. We do not guarantee the availability of any exchange rate. Nexo shall not be responsible for any losses incurred by you as a result of unauthorised, incorrect or failed transactions. We reserve the right to refuse to process, cancel, terminate, or reverse any transaction at our sole and absolute discretion, even after the relevant Digital Assets have been debited from your Nexo Account.

VI. CUSTODY SERVICE

1. Digital Assets in your Nexo Account may be held in custody with third parties. Depending on the relevant custody arrangements, Digital Assets’ private keys, which are used to process transactions, may be stored in a combination of online and offline storage. Nexo shall have no obligation to create a segregated blockchain address for your Digital Assets.

2. Digital Assets may be stored in a variety of different ways, including across multiple blockchain protocols, such as layer two networks, alternative layer one networks, or side chains. Nexo may transfer such Digital Assets from the primary blockchain protocol and hold such Digital Assets on shared blockchain addresses, controlled by Nexo, on alternative blockchain protocols in forms compatible with such protocols. You agree that all forms of the same Digital Asset that are held and made available across multiple blockchain protocols may be treated as fungible and the equivalent of each other, without regard to: (i) whether any form of such Digital Asset is wrapped, or (ii) the blockchain protocol on which any form of such Digital Asset is stored.

3. For certain Digital Assets, the underlying protocols offer the ability to vote on matters related to the governance of protocol-level issues. Nexo may or may not support voting for such Digital Assets, and may cease supporting voting at any time at its sole and absolute discretion. Nexo will comply with your instruction to vote with your Digital Assets to the extent Nexo supports voting for such Digital Assets. In certain cases, Nexo may vote on your behalf, where Nexo or the applicable protocol does not support delegated voting.

VII. TRANSFER SERVICE

1. You may transfer any Digital Asset other than the ones subject to the prohibitions or limitations indicated in the Nexo Account and on the Nexo Platform, from your Digital Asset Wallet to another wallet of yours or of a third party.

2. We will process all Digital Asset transfers according to your instructions, while, subject to any Applicable Law, we may have to collect identifying details of the recipient and disclose them to third parties. If you fail to provide us with the requested information in a timely manner, we may, without liability, suspend, limit or terminate your use of the Nexo Services or access to your Nexo Account.

3. You shall verify all transaction information prior to submitting instructions for a Digital Asset transfer to Nexo, as any such transfer cannot be cancelled or reversed by you once processed. You acknowledge that you are responsible for ensuring the accuracy of any instructions submitted to Nexo and that any errors may result in the irreversible loss of your Digital Assets. Nexo is not liable and has no control over the outcome arising from the recipient/destination of the transferred Digital Assets, as well as the delivery, quality, safety, legality, grounds or any other aspect of the transfer. We are not responsible for ensuring that a third party will honour their commitments to you, if any. Any disputes or issues related to the recipient/destination of the transferred Digital Assets must be resolved directly with the relevant third party.

4. You shall have sufficient Digital Assets in your Digital Asset Wallet prior to instructing Nexo to effect any Digital Asset transfer. In case of insufficiency of the relevant Digital Assets in your Digital Asset Wallet, the Digital Asset transfer will be rejected by Nexo. By instructing Nexo to effect the Digital Asset transfer, you authorise Nexo to debit your Digital Asset Wallet for the full amount of the Digital Assets needed to complete the Digital Asset transfer.

5. It may be necessary for Nexo to retrieve private keys or related information from offline storage in order to facilitate Digital Asset transfers in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Asset transfers.

6. You may initiate a Digital Asset transfer to another Nexo Account, subject to the restrictions and limitations of this Section VII, by submitting the mobile phone number or e-mail address of the intended recipient. Based on the provided information, if the supplied credentials are attributable to an existing Nexo Account, Nexo shall allocate the Digital Assets to the corresponding Digital Asset Wallet of the intended recipient. In the event that the credentials supplied are not attributable to an existing Nexo Account, the prospective recipient shall create a Nexo Account within the prescribed timeframe, as indicated on the Nexo Platform, in order to receive the Digital Assets. Failure to adhere to this requirement, or any limitations indicated on the Nexo Platform, shall result in the cancellation of the transfer and the consequent reversion of the Digital Assets to your Savings Wallet. All such Digital Asset transfers shall be pending until the transfer is completed or cancelled either by you or as indicated above.

VIII. WITHDRAWAL SERVICE

1. Subject to the specific requirements laid down in Exhibit I and/or Exhibit II, if any, you may request for: (i) withdrawal of all or part of the Digital Assets, subject to the prohibitions and limitations indicated on the Nexo Platform and in the Nexo Account, to your personal wallet or to your Nexo Pro Account, applicable only in case you have opened a Nexo Pro Account in accordance with the Nexo Pro Terms of Service, (ii) withdrawal of the fiat equivalent of certain Digital Assets, by instructing Nexo to sell the relevant Digital Assets and transfer the fiat proceeds of the sale transaction to a bank account, or to a debit or credit card, designated by you, subject to the prohibitions and limitations indicated on the Nexo Platform and in the Nexo Account, (iii) withdrawal of the fiat equivalent of certain Digital Assets, as indicated in the Nexo Account and on the Nexo Platform, via the Nexo Card, facilitated by one or more Exchange Transactions and subject to the requirements and restrictions in Exhibit IV.

2. Any withdrawals may be subject to limits on the amount of Digital Assets or their fiat equivalent, which can be withdrawn in a given period (e.g. daily, weekly, monthly, or annually), as specified in your Nexo Account. Your withdrawal limits may vary depending on the type of Digital Assets or their fiat equivalent, verification steps completed by you, security, and other factors. If you wish to increase your withdrawal limits, you may submit a request to support@nexo.com. Nexo reserves the right, at any time, to change your withdrawal limits, including temporarily or permanently reducing them to zero, partially or fully satisfy or refuse to satisfy any request of yours for their increase, or charge a withdrawal Fee on any withdrawal, without notice, as we deem necessary and at our sole and absolute discretion.

IX. RISK DISCLOSURE

1. General Risks Associated with Digital Assets

1.1. Price Volatility Risk. The value of digital assets can increase or decrease over time, causing significant fluctuations. However, due mainly to the novelty and uncertainty associated with digital assets, the latter tend to exhibit higher volatility compared to most fiat currencies and other assets. This price unpredictability could lead to substantial losses over a short period of time. Digital assets’ inherent volatility is a result of a combination of any number of factors and risks, the most prominent of which are described hereinbelow.

1.1.1. Internet Dependency Risk. Digital asset networks are dependent upon the Internet. A disruption of the Internet or a digital asset network would affect the ability to transfer digital assets, consequently, would impact their value.

1.1.2. Concentrated Ownership Risk. Digital assets may have concentrated ownership, and exceptionally large sales or distributions by their holders, commonly referred to in the industry as “crypto whales”, could have an adverse effect on the market price of such digital assets. Moreover, it is possible that other persons or entities control multiple wallets that collectively hold a significant amount of particular digital assets, even if they individually only hold a relatively small amount, and it is possible that some of these wallets are controlled by the same person or entity, resulting in a concentration of ownership.

1.1.3. Hard Forks and Airdrops Risk. The occurrence of a hard fork has the potential to change the source code of a given digital asset network, including the code logic limiting the digital asset supply cap. Additionally, the distribution of an airdrop has the potential to increase the supply cap of a given digital asset. An increase or a lift of a digital asset’s supply cap will cause increased supply, which consequently may have an adverse impact on the market price of the digital asset. Nexo will decide, at its sole and absolute discretion, whether to support forked networks and digital assets and whether to participate in the distribution of airdropped digital assets.

1.1.4. Limited Network Adoption Risk. The market value of a digital asset can be significantly influenced by how widely it is accepted and used. If a digital asset becomes popular as a medium of exchange or for investment purposes, its demand may rise, which can lead to an increase in its market price. Conversely, if there is a competing digital asset to the one previously mentioned, it might experience a decrease and lesser adoption as a result. In addition, digital assets backed by a robust, well-maintained and continuously improved network are more likely to be trusted and adopted by users, which may positively impact its market price, and contrarily, any news for hacks and exploits may severely decrease the price and adoption.

1.1.5. Confidence Risk. Interruptions, closures and insolvency of major digital asset exchanges, as well as insolvency of stablecoin issuers, may cause loss of confidence of investors in the particular digital asset network and a wave of supply of the particular digital asset which greatly exceeds the demand, consequently causing a decrease in the digital asset’s market price. Additionally, loss of confidence in a given network may result from transaction limitations and delays. These may occur as a result of scaling challenges or in relation to Proof-of-Work (“PoW”) digital assets (such as Bitcoin) lack of incentive for miners.

1.1.6. Network Upgrades Risk. Many digital asset networks face significant scaling challenges and may periodically be upgraded with various features designed to increase the speed and throughput of digital asset transactions. These attempts to increase the volume of transactions may not be effective, and such upgrades may fail, resulting in potentially irreparable damage to the particular network and to the value of the supporting digital asset.

1.1.7. PoW Networks Risk. PoW digital assets that require a substantial upfront investment in mining gear and incur high energy costs, a decrease in the mining awards or the value of the digital asset used for gas fees may cause some miners to reject the processing of low-fee transactions, causing network delays, which can lead to loss of confidence in the network.

1.2. Appropriateness Risk. We are not responsible for the digital asset markets, and we make no representations or warranties concerning the real or perceived value of any digital assets and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Nexo. You shall, therefore, carefully consider whether holding digital assets is suitable for you in light of your financial condition. Note that you should not have funds invested in digital assets or speculate in digital assets that you are not prepared to lose entirely, as there can be a substantial risk that you lose money buying, selling, holding, or investing in digital assets.

1.3. Intrinsic Value Risk. Digital аssets are not money or legal tender, are not issued, backed, or guaranteed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, intrinsic or other source of value. The capital deployed for the acquisition of digital assets carries an inherent risk of a full or partial loss, for which Nexo will not bear responsibility.

1.4. Regulatory Risk. The regulatory status of digital assets is currently unsettled, varies between jurisdictions, and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to digital assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of digital assets, as well as the provision of the Nexo Services. Whether and how one or more digital assets constitute property, assets, or rights of any kind may also seem unclear.

1.5. Blockchain Technology Risk. On-chain digital asset transactions are deemed to be completed when recorded on a public ledger, which is not always the date or time that you initiated the transaction. The completed status of digital asset transactions and, therefore, the ownership of transferred digital assets is often validated by a recorded entry in a decentralised public ledger. Recorded entries in a decentralised public ledger cannot be cancelled or reversed. Furthermore, note that on-chain digital asset transfers are prone to human errors. For example, you may transfer your digital assets to the wrong wallet address or use the wrong blockchain network. Due to the nature of most protocols offered throughout our Nexo Services, such erroneous transactions cannot be reversed. It is your sole responsibility to ensure any transactions are error-free.

1.6. Immutability Risk. The nature of digital assets and the specific features of their respective network protocols may lead to an increased risk of fraud, exploits, or cyberattacks and any losses resulting from transactions affected by such events will likely not be recoverable.

2. Risks Associated with Individual Digital Assets

In addition to the general risks associated with digital assets as specified hereinabove, each specific Digital Asset available on or through the Nexo Platform may present distinctive risks.

2.1. Stablecoins Risks. Stablecoins are a digital asset class, which is designed to have a stable value over time by maintaining a constant and generally 1:1 exchange rate with traditional fiat currencies. The constant proportion is called “peg”. This peg may be achieved by means of a counterparty committing to exchange the stablecoin for a fiat currency or by an algorithm functioning on the blockchain. There is no guarantee that stablecoins maintain this peg, which in turn could lead to a full or partial loss of funds by holders of stablecoins. The peg may be lost due to a wide range of reasons, including failure of an essential counterparty, reserve issues, failure of the functionality of an essential algorithm or, as it has happened in the past - dishonesty and/or fraud, and/or other non-compliance with any applicable law by the stablecoin issuer. Additionally, given the foundational role that stablecoins play in global digital asset markets, their fundamental liquidity can have a dramatic impact on paired digital assets from other classes. Because a large portion of the digital asset markets still depends on stablecoins, there is a risk that a disorderly depegging or a run on the stablecoin issuer could lead to dramatic market volatility in digital assets more broadly. Nexo has no influence over stablecoins issued, operated and maintained by third parties. As is the case with the loss of value of other digital assets, there is generally very little or no recourse in case of loss of a peg in relation to a stablecoin and at no point is Nexo to be held liable over temporary and permanent losses resulting from deviations from the peg of any stablecoin.

2.2. DeFi Tokens and Other DeFi Risks. Decentralised Finance (“DeFi”) tokens (e.g. UNI, AAVE) are digital assets pegged to financial applications and protocols which are built on decentralised blockchain technology. DeFi relies heavily on smart contracts. The teams involved in the development of DeFi smart contracts do not owe fiduciary duties to users of these smart contracts and as such, are not held legally liable for inadequacies of the smart contract. Even a minor coding error or oversight can lead to a contract being exploited, potentially resulting in significant losses. Some DeFi projects might be launched by anonymous or pseudonymous teams, increasing the risk of “rug pulls” or exit scams, where developers abandon the project, sell a substantial part of their token holdings over a short time period and withdraw the funds, leaving investors with worthless tokens. DeFi protocols often rely on external data sources or “oracles”. Manipulation or inaccuracies in these data sources can lead to unintended financial outcomes within the protocols.

2.3. NEXO Token Risks. Before making a decision to purchase, hold, exchange, trade, or otherwise use the NEXO Token, you should carefully consider the non-exhaustive list of risks below. These and other risks that were not foreseen or were deemed non-material at the time of writing, may emerge and may result in the loss of all or part of the value of the NEXO Token.

2.3.1. Value Fluctuation Risk. The value of the NEXO Token may fluctuate significantly and even fall to zero. Market dynamics, regulatory changes, and other factors can significantly affect the value of the NEXO Token. As with all exchange traded digital assets, the value of the NEXO Token may vary between platforms, where the NEXO Token is listed on, including the Nexo Platform. You assume the risk that the NEXO Token may lose all or part of its value.

2.3.2. Transfer Restrictions Risk. The NEXO Token may not always be transferable. There may be times when you are unable to transfer the NEXO Token due to various reasons, including but not limited to technological issues, network congestion, or regulatory constraints.

2.3.3. Lack of Liquidity Risk. The NEXO Token may not always be liquid. There may be limited or no secondary markets for the NEXO Token, and therefore, you may not be able to sell or exchange it easily or at a favourable price.

2.3.4. Exchangeability Risk. The NEXO Token may not at all times be used in relation to the Nexo Services, or exchangeable against other Digital Assets on the Nexo Platform, particularly in the event of failure or discontinuation of the NEXO Token.

2.3.5. Lack of Investor Compensation Scheme Coverage Risk. The NEXO Token is not covered by any investor compensation schemes, such as the Financial Services Compensation Scheme or compensation schemes provided under Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes. As such, losses incurred in connection with the NEXO Token are not recoverable under these or similar schemes.

2.3.6. Lack of Deposit Guarantee Scheme Coverage Risk. The NEXO Token is not covered by any deposit guarantee schemes, such as the guarantees under Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes. In the event of loss or failure, holders of the NEXO Token are not entitled to reimbursement under these or similar schemes.

2.3.7. Offer-related Risk. Nexo may, at any time, for whatever reason, at its sole and absolute discretion, discontinue the support of the NEXO Token and the project associated with it. Acquisition of the NEXO Token and the prospect of its potential admission to trading on any platform involves significant risks. These processes are subject to a high degree of uncertainty and are affected by numerous factors beyond the control of Nexo, including but not limited to market demand, regulatory environment, the performance and reliability of trading platforms, the public perception of the NEXO Token and the broader crypto-asset industry. The acquisition may not be successful and/or the trading markets for the NEXO Token may not develop as anticipated, resulting in limited liquidity and price volatility. Changes in the regulatory landscape can impact the legality, permissibility, and practicality of the NEXO Token’s availability or its admission to trading, potentially limiting or precluding the ability for the NEXO Token to be traded or used as intended.

2.3.8. Regulatory Risk. The regulatory status of digital assets, including the NEXO Token, is subject to significant uncertainty and changes in laws or regulations, which may materially and adversely affect the use, transferаbility, exchangeability, and value of the NEXO Token.

2.3.9. Technology-related Risk. The NEXO Token is reliant on complex technology, including blockchain and smart contracts, which are subject to a variety of technology-related risks, including but not limited to the failure of hardware, software, internet connections, hacking, security vulnerabilities, as well as the inherent risks of developing on emerging and rapidly evolving technological platforms. There is the potential for errors or vulnerabilities in the source code, which may also result in security breaches, loss of funds, or unintended operational behaviours.

2.3.10. Project Implementation-related Risk. The project associated with the NEXO Token may face significant risks over time, including but not limited to unforeseen technical difficulties, resource constraints, software bugs, security vulnerabilities, and potential delays in production timelines. If materialised, these risks could lead to alterations to the project’s functionality, objectives, and the utility, transferability, and value of the NEXO Token itself.

2.3.11. Issuer-related Risk. The value and functionality of the NEXO Token are highly dependent on the good standing and operations of Nexo. The NEXO Token’s viability is tied to Nexo’s ability to maintain its business, uphold a positive reputation, and successfully develop and support the project associated with the NEXO Token. Such risks include but are not limited to Nexo’s financial condition, business activities and industry, legal and regulatory risks, internal control risks, environmental, social and governance risks, reputational harm, or discontinuation of parts of (such as the Nexo Loyalty Program), or the entire project, and could negatively impact the utility, value, and transferability of the NEXO Token.

2.3.12. No Fiduciary Relationship. The issuer and/or distributors of the NEXO Token are not your fiduciaries or advisors. You are solely responsible for determining whether the purchase of NEXO Tokens, and, where such purchase is made with the intent to upgrade your loyalty level in the Nexo Loyalty Program under Exhibit IX or otherwise, whether such upgrading is appropriate for you. Access to the Nexo Services is not conditional on such purchase, respectively upgraded loyalty level. The latter is entirely optional and rests solely on the discretion and risk of the Client.

2.3.13. By purchasing, holding, exchanging, trading, or otherwise using the NEXO Token, you acknowledge and agree that you have received sufficient information to make an informed decision and that you accept all the risks outlined herein, as well as all the risks inherent to purchasing, holding, exchanging, trading, or otherwise using digital assets in general, which are covered by this Section IX.

3. Risks Associated with the Nexo Platform and the Nexo Services

3.1. General Risks. The risks associated with using the Nexo Platform and the Nexo Services are not exclusive to them but are inherent to the use of any online platform, particularly those involving financial transactions and digital assets. These inherent risks include but are not limited to cyber security threats, operational disruptions, and data privacy concerns. By using the Nexo Platform and the Nexo Services, you acknowledge and agree on those specific risks. The risks described hereinbelow are not exhaustive and do not disclose all the risks associated with your use of the Nexo Platform and the Nexo Services.

3.1.1. Security Risk. The Nexo Platform has implemented security measures, such as two-factor authentication and cold storage, among others, with an aim to protect Clients’ Digital Assets. However, it is important to understand that these security protocols do not offer absolute protection against all potential losses that could occur due to a security breach, software anomalies, or unforeseen catastrophic events impacting the Nexo Platform. The security measures may not be fully equipped to guard against all potential errors, software shortcomings, or other weak points in the Nexo Platform’s technical framework, which could potentially lead to asset theft, exploit loss, or damage. Nexo does not have control over the procedures of third-party custody providers or the application of their security measures. Consequently, there is no guarantee that these security measures will function as intended or successfully protect the stored Digital Assets from all potential risks of theft, loss, or damage. Digital Assets not stored in cold storage may be at a higher risk of security breaches, hacking, or loss due to the nature of the transactions they are part of.

3.1.2. Custody Risk. For security and efficiency purposes, Nexo may store Digital Assets in a mixture of hot and cold storage provided by third parties, over which Nexo does not exercise control. While Digital Assets stored with Nexo’s partners may be secured by theft and cyberattack insurance, in case of default of such a third party, this may lead to a full loss of your Digital Assets. Through the offering of the Nexo Services, and in particular the Savings Wallet, Nexo does not provide fiat currency checking, savings, or other type of account that is covered by any deposit guarantee, insurance against losses, or investor compensation scheme. Nexo is not a banking institution, and the Nexo Accounts are not subject to any governmental insurance protection, nor are they covered by any compensation scheme.

3.1.3. Digital Asset Management Risks.

3.1.3.1. By topping up Digital Assets into your Nexo Account and/or using the Nexo Services, you grant Nexo all rights, including but not limited to convert, exchange, swap, pledge, re-pledge, hypothecate, re-hypothecate, sell, lend, stake, or otherwise transfer, dispose of, invest, or use any amount of any Digital Assets in your Nexo Account. This applies equally to any Digital Assets held separately or together with other property, for any period of time, and may mean from time to time that Nexo, at its sole and absolute discretion, does not retain in its possession and/or control for delivery a like amount of Digital Assets or any other assets. Any action Nexo decides to take with such Digital Assets will be performed in Nexo’s name only, and you will neither have, nor be entitled to, any benefits that may arise as a result.

3.1.3.2. Nexo may utilise diverse strategies, elected and compiled at Nexo’s sole and absolute discretion, including but not limited to the utilisation of funds for institutional lending and liquidity provision and interacting with third parties, such as DeFi blockchain applications and protocols (“DeFi Protocols”), which may include DeFi Protocols developed by Nexo’s team. Nexo does not assume any responsibility or liability to you for any losses that you may have incurred as a result of such diverse strategies, including but not limited to DeFi Protocols exploits and exit scams.

3.1.3.3. While Nexo adopts a best-effort approach to risk management, and notwithstanding the degree of care applied by Nexo in electing and compiling the above strategies, all arrangements made by Nexo as part of such strategies involve counterparty, among others, risks, which might impact Nexo.

3.1.3.4. You understand, consent to, and agree that all risks, not exhaustively listed herein, including but not limited to third-party risks, such as bankruptcy, cybersecurity, regulatory risks, etc., associated with Nexo’s strategies may directly affect the integrity of your Digital Assets. This includes, but is not limited to, the restriction on your ability to withdraw your Digital Assets at your convenience and/or your ability to receive the same Digital Asset or the desired fiat equivalent of the latter.

3.1.4. Data Visualisation Risk. Although we may provide historical, statistical, and/or real-time data regarding the price of Digital Assets, such data, derived either independently or through the use of third-party service providers (e.g. a real-time analytics tool), including but not limited to graphs, news feeds, market, price, blockchain, and ownership analytics, displayed on the Nexo Platform, is for reference purposes only. We make no representations or warranties regarding the quality, suitability, veracity, usefulness, accuracy, or completeness of the data, and you should not rely on such data for any reason whatsoever. You understand and agree that due to the volatile nature of Digital Assets, no data on their past performance can be deemed indicative of, and should not be relied upon as a promise for, future results.

3.2. Nexo Earn Interest Product Risks. Nexo utilises its best efforts in order to ensure that the Nexo Earn Interest Product’s advertised Interest rates are stable. However, such rates may be subject to change from time to time. Previously provided Interest rates are not indicative of whether these rates will be maintained in the long term, therefore, Nexo does not guarantee a fixed Interest rate at all times. The Nexo Earn Interest Product is not a registered security and is not offered as such. The typical investor protection associated with registered securities (e.g. Securities Investor Protection Corporation) does not apply to Clients using the Nexo Earn Interest Product. The risks associated with the management of Digital Assets under Art. IX.3.1.3. apply accordingly to the Nexo Earn Interest Product.

3.3. Nexo Staking Product Risks. The Nexo Staking Product is dependent on the functioning of underlying DeFi Protocols. These DeFi Protocols are maintained and regulated by third parties and thus out of Nexo’s control. This means that Nexo cannot retrieve, recover, or salvage any lost Eligible Digital Assets if the DeFi Protocols that hold them malfunction or cease to exist entirely.

4. The current tax treatment of the Nexo Services and the holding of the Digital Assets in this regard has not been conclusively clarified and may also depend on your individual tax treatment as a holder of said Digital Assets. It cannot be ruled out that the tax authorities and courts may adjust or change previous tax assessments on the treatment of income related to the Nexo Services.

5. You are responsible for determining whether the use of any of the Nexo Services is legal in your jurisdiction, and you shall not use these Nexo Services should such use be illegal therein. If you are uncertain, please seek independent legal advice. The continued use of the Nexo Services represents your confirmation that you are aware of any applicable regulatory restrictions and that you are not subject to such restrictions.

6. The materials, including but not limited to any historical, statistical, and/or real-time data, contained on the Nexo Platform are accessible globally. They are for general information purposes only and not intended as financial or investment advice, offer, solicitation, recommendation, or endorsement to use any of the Nexo Services, and are not personalized or in any way tailored to reflect your particular investment objectives, financial situation, or needs. By visiting the Nexo Platform, you understand and agree that you use the Nexo Account, the Nexo Platform, and the Nexo Services on a non-solicited basis, entirely voluntary and at your sole and absolute discretion and risk. Providing you with the Nexo Services does not make Nexo your trustee or investment adviser, and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Nexo Account other than those expressly specified herein. You should exercise your own judgment and consult with a qualified professional before making any decision in regard to the Nexo Services. Nexo accepts no liability for the consequences of any decisions made and actions taken for investing in a particular Digital Asset or using any of the Nexo Services on the basis of the information provided, including for any damages suffered by the recipient of any communication coming from Nexo. Notwithstanding any statements or representations made by agents or representatives of Nexo, the only binding arrangements governing the contractual relations between Nexo and you are expressly set forth in these Terms, which shall supersede and prevail over any conflicting or additional statements or representations made by such agents or representatives.

7. This Section IX is not exhaustive and does not disclose all the risks associated with the digital assets and the use of the Nexo Account, the Nexo Platform, and the Nexo Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.

X. FORKS

1. It is important that you understand that the underlying protocols of the Digital Assets’ networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of a Digital Asset’s network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function of the initial Digital Asset, and we can temporarily suspend our services in relation to the “forked” Digital Asset, while we determine, at our sole and absolute discretion, which network to support.

2. Such networks and Digital Assets are outside of our control, and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the forked Digital Asset. We may, at our sole and absolute discretion, obtain and retain the unsupported Digital Assets.

XI. OBLIGATIONS AND WARRANTIES

1. You hereby declare, warrant, and confirm that:

1.1. You meet the conditions under Section IV;

1.2. You validly undertake any action or enter into any transaction with regard to the Agreement;

1.3. The Digital Assets, which you will top up into your Nexo Account, or the funds, which you will use for the purchase of the Digital Assets to be topped up into your Nexo Account, as the case may be, are not derived from money laundering, terrorist financing, fraud, or any other illegal or criminal activity under any Applicable Law;

1.4. You have submitted to Nexo only complete, correct, and up-to-date information and documents;

1.5. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Nexo shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Nexo Services, for which Nexo shall not be held liable. You shall hold Nexo harmless from any expenses and losses, resulting from the above uncertainty;

1.6. You are aware that you use the Nexo Account, the Nexo Platform, and the Nexo Services fully at your own risk.

2. You hereby undertake to:

2.1. Use the Nexo Account, the Nexo Platform, and the Nexo Services in good faith;

2.2. Not violate or breach any terms of these Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law;

2.3. Not commit, conduct, or perform any misrepresentation, fraud, malicious act, or criminal activities;

2.4. Not use the Nexo Account, the Nexo Platform, and the Nexo Services to conduct electronic spamming or otherwise distribute any unsolicited or unauthorised advertising, promotional or marketing materials, junk mail, or chain letters;

2.5. Not provide false, inaccurate, incomplete, out-of-date, or misleading information;

2.6. Not interfere, intercept, or expropriate our network, system, data, or information;

2.7. Not transmit or upload any virus or other malicious software, or program, or try to gain unauthorised access to other Clients’ accounts, websites, networks, or systems relating to the Nexo Services;

2.8. Not decompile, reverse engineer, or disassemble any of our programs, systems, or products, or in any way infringe the Intellectual Property rights and/or such of our partners;

2.9. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems, or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Nexo Services;

2.10. Not use the Nexo Platform in a way that could damage, disable, impair, or compromise the Nexo Platform or the provision of the Nexo Services, interfere with other Clients, or affect the reputation of Nexo. You undertake not to gain or attempt to gain unauthorised access to the Nexo Accounts or the Digital Asset Wallets of other Clients;

2.11. Not take any action that imposes an unreasonable or disproportionately large burden or load on the Nexo’s infrastructure (including our servers, networks, data centres, and related equipment) and detrimentally interfere with, intercept, or expropriate any system, data, or information belonging to other Clients using the Nexo Services;

2.12. Not engage in any written or verbal communication or conduct towards Nexo, its affiliates, third-party service providers, each of their respective employees, officers, directors, and representatives, which may in any way be deemed harmful, threatening, aggressive, abusive, inappropriate, disparaging, or in any manner disrespectful;

2.13. Keep your device safe and maintain adequate security and control of your username and password, including but not limited to keep such username and password only to your knowledge and not disclose them to any third party;

2.14. Inform Nexo about any change in the information and documents submitted to Nexo, in particular in your contact details, within 1 (one) day of the change.

XII. REFUSAL TO PROVIDE THE NEXO SERVICES. LIMITATION, SUSPENSION, OR TERMINATION OF THE NEXO SERVICES. CLOSURE OF ACCOUNTS.

1. Nexo reserves the right to, at its sole and absolute discretion, refuse to process or cancel any request from you in regard to the Nexo Services, including for purposes of compliance with any Applicable Law.

2. The topping-up and withdrawal of Digital Assets into/from your Digital Asset Wallet may be subject to certain limitations imposed by Nexo (as may be amended from time to time at Nexo’s sole and absolute discretion).

3. Nexo may, at any time and without liability, terminate, suspend, limit, or reverse your use, or the functionality, of the Nexo Services, or your access to your Nexo Account (including freezing or closing your Nexo Account, refusing to process any instruction of yours, or reversing a performed action), including but not limited to: (i) in the event of any breach by you of these Terms, any Exhibit and any other applicable terms, or any Applicable Law, (ii) for the purposes of complying with a regulator’s demand, a court order, an act of any governmental authority, or any Applicable Law, (iii) upon Nexo’s suspicion that a transaction or your use of the Nexo Services may be erroneous or connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities), or that your Nexo Account has been compromised, (iv) your Nexo Account is subject to any legal proceedings, (v) to remedy the effects of any defect in or compromise to any information system related to the provision of the Nexo Services, (vi) for compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to, (vii) for maintenance of the system, (viii) if you do not meet the eligibility criteria for the use of any of the Nexo Services, including but not limited to maintaining a minimum Portfolio Balance, as indicated in the Nexo Account and/or on the Nexo Platform, or (ix) if there is a change in the eligibility criteria for opening of a Nexo Account or use of the Nexo Services, as indicated in the Nexo Account and/or on the Nexo Platform. In the above cases, the Digital Assets in your Nexo Account may be frozen for an indefinite period of time until the matter is resolved.

4. Nexo may, at any time and without liability: (i) update or change any eligibility criteria for, or features, components or content of, the Nexo Services, cease to approve and support any Digital Assets and substitute them with Digital Assets approved and supported by Nexo, determined as per Nexo’s sole and absolute discretion, if such are available in the Client’s Nexo Account at the cessation time. We do not guarantee that any such specific content, component, feature or Digital Asset will always be available to you, or (ii) suspend, terminate, cancel, or change any incentive program and/or pay-out in regard thereto.

5. Should your Nexo Account incur a negative balance in any Digital Asset due to any transaction and/or cumulative transactions, you are required to immediately remedy the deficit by topping up additional Digital Assets into your Nexo Account and/or by initiating the necessary Exchange Transaction. You shall remain fully liable for the amount of any negative balance and any corresponding transaction Fees. If you fail to reconcile the negative balance promptly, Nexo reserves the right to employ various recovery measures, which may include, but are not limited to, recouping such negative balance from any other Digital Asset you may hold. You acknowledge and agree that Nexo may, at its sole and absolute discretion, implement partial or full restrictions on the Nexo Services, which may include, without limitation, the restriction of withdrawals as outlined in Section VIII and restriction or suspension of your Nexo Account until such negative balance is settled. Nexo reserves the right to modify or change the aforementioned measures as it deems necessary, without prior notice, in order to maintain the integrity of the Nexo Platform.

6. If we decide to undertake any of the actions under Art. XII.3 - XII.5, we may, but are in no way obliged to, provide you with a notice of this unless otherwise agreed in these Terms, or unless it is impractical, impossible, or illegal to do so. Nexo, at its sole and absolute discretion, may reverse the suspension or limitation once the reasons for them no longer exist. In this case, we will not be under any obligation to execute any suspended, reversed, or terminated transactions at a specific price, under specific terms, or at all.

7. Your obligations under these Terms will continue in the event of any limitation, suspension, reversal, or termination under Art. XII.3. - XII.5. and you will not be released from any liability having arisen prior to such.

8. Nexo shall not owe you any payment, compensation, or damages in relation to any suspension, limitation, cessation, reversal, or termination of your use of the Nexo Services, regardless of the reason therefor.

9. Our rights for suspension, limitation, cessation, reversal and termination under this Section XII shall be without prejudice to any other rights or remedies that we may have (whether under these Terms, Applicable Law or otherwise).

XIII. PERSONAL DATA

1. We can only provide you with the Nexo Services once we have collected your Personal Data.

2. By creating your Nexo Account and/or using the Nexo Services, you acknowledge that Nexo shall gather, process and store your Personal Data for the purpose of providing you with the Nexo Services and declare, acknowledge, and confirm that you have read our Privacy Policy and Cookies Policy and agree thereto.

3. We reserve the right, at any time, to verify your Personal Data for anti-money laundering and counter-terrorist financing purposes.

4. In the event your Nexo Account is closed on any grounds under this Agreement, we will stop using your Personal Data for the purposes under Art. XIII.2., but we may need to keep your Personal Data as required by any Applicable Law.

XIV. LIMITATION OF LIABILITY

1. ALL THE NEXO SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. NEXO DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE NEXO SERVICES UNDER THESE TERMS.

NEXO’S LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY NEXO, AT OUR SOLE AND ABSOLUTE DISCRETION:

1.1. RE-SUPPLYING, REPLACING, OR REPAIRING THE NEXO SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR

1.2. PAYING THE COST OF THE RE-SUPPLYING, REPLACING, OR REPAIRING OF THE NEXO SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.

2. NOTWITHSTANDING ANY PROVISIONS IN THESE TERMS, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, PROXIES, OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES, OR CLAIMS:

2.1. DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR, OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);

2.2. ARISING FROM OR IN CONNECTION WITH:

2.2.1. ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE NEXO PLATFORM OR THE NEXO SERVICES;

2.2.2. FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS, OR INFORMATION SYSTEMS;

2.2.3. ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;

2.2.4. DELAY, FAILURE, OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;

2.2.5. ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OR ADJUSTMENT OF, ANY TRANSACTION FOR ANY REASON;

2.2.6. YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN, OR NON-AVAILABILITY OF THE NEXO PLATFORM OR THE NEXO SERVICES;

2.2.7. ANY UNAUTHORIZED OR INELIGIBLE USE OF THE NEXO SERVICES CONTRARY TO THESE TERMS;

2.2.8. ANY TERMINATION, SUSPENSION, LIMITATION, OR REVERSAL OF YOUR USE OF THE NEXO SERVICES, OR YOUR ACCESS TO YOUR NEXO ACCOUNT (INCLUDING FREEZING OR CLOSING OF THE LATTER);

2.3. DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS, OR ACTS OF ANY GOVERNMENTAL AUTHORITY;

2.4. RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT NEXO SERVICE, YOUR NEXO ACCOUNT OR ANY INFORMATION CONTAINED THEREIN;

2.5. RESULTING FROM OR ARISING OUT OF ANY THIRD-PARTY SERVICE PROVIDER’S CUSTODY, CONTROL, OR HANDLING OF THE DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO MALFEASANCE, NEGLIGENCE, OR MISHANDLING. ANY CLAIMS OR DISPUTES REGARDING SUCH MATTERS SHOULD BE DIRECTLY ADDRESSED TO THE RESPECTIVE THIRD-PARTY SERVICE PROVIDER. YOUR RECOURSE IN SUCH CASES SHALL BE SOLELY AGAINST THE RESPECTIVE THIRD-PARTY SERVICE PROVIDER, AND NOT AGAINST NEXO;

2.6. RESULTING FROM ANY RISK OR OTHER CIRCUMSTANCE DISCLOSED TO THE CLIENT UNDER SECTION IX OR ELSEWHERE IN THESE TERMS.

3. NOTWITHSTANDING ANY PROVISIONS IN THESE TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

4. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE NEXO SERVICES AND THESE TERMS EXCEED THE FEES YOU PAID TO NEXO FOR YOUR USE OF THE RELEVANT NEXO SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.

5. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US.

6. NOTHING IN THESE TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.

XV. DEFAULT. INDEMNIFICATION.

1. The occurrence of one of the following events constitutes an Event of Default:

a) The Client breaches any of the Client’s obligations or warranties under these Terms and any Exhibit;

b) It is or becomes illegal for the Client to perform the Client’s obligations under these Terms and any Exhibit;

c) Nexo is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.

2. In case of an Event of Default, Nexo is entitled:

a) To terminate this Agreement with immediate effect;

b) To take any action it deems necessary to protect its interests.

3. You shall defend, indemnify, and hold harmless Nexo, its affiliates, third-party service providers, and each of their respective employees, officers, directors, and representatives, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these Terms, any Exhibit, or your use of the Nexo Services in violation of these Terms, any Exhibit, or any Applicable Law.

XVI. TERMINATION. CLOSURE OF ACCOUNT.

1. This Agreement may be terminated by Nexo: (i) immediately and without notice, by closing your Nexo Account and discontinuing your use of the Nexo Services, on the grounds of Art. XV.2., Letter a) or otherwise, (ii) upon written notice by Nexo to the Client if Nexo discontinues the offering of the Nexo Services, regardless of the reasons.

2. You may, at any time, terminate your access to and use of any of the Nexo Services, respectively the Agreement, and/or close your Nexo Account. In order to do so, you shall submit a request to Nexo in a form and together with the relevant supporting documents and/or information, as may be required by Nexo. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such termination and/or closing, and that all Nexo Services or the relevant part thereof will not be accessible thereafter.

3. All your debts to Nexo shall have been settled prior to closing of your Nexo Account. You may recover any remaining balance of Digital Assets, respectively the fiat equivalent of certain Digital Assets, subject to the limitations and risk disclosures, as indicated in these Terms, the Nexo Account, and on the Nexo Platform, unless we are prohibited by any Applicable Law or court order to release such Digital Assets, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for the purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities. Nexo reserves its right to revise the limitations under the preceding sentence from time to time, at its sole and absolute discretion.

4. The termination of this Agreement shall not prevent Nexo from seeking any remedies against the Client for any breach of this Agreement occurring prior to such termination.

XVII. NOTICES. ELECTRONIC COMMUNICATIONS.

1. Any notice required or made under these Terms or any Exhibit from/by Nexo to the Client shall be deemed duly received when sent to the Client’s last used e-mail address, mailing address, or phone number. Nexo may also issue notices through announcements on the Nexo Platform. Such notices shall be deemed duly received by the Client once the latter logs into the Nexo Platform after the notice has been posted. If a notice requires the Client’s explicit consent, continued use of the Nexo Platform and Nexo Services by the Client after receiving the notice shall be deemed acceptance of the notice.

2. Any notice required or made under these Terms or any Exhibit from/by the Client to Nexo shall only be made via e-mail in English to support@nexo.com.

3. Your feedback, questions, or complaints may be referred to Nexo via e-mail in English to support@nexo.com or through other communication channels indicated by Nexo from time to time on the Nexo Platform. We will do our best to respond as soon as possible. However, for more complicated issues, it may take Nexo up to 30 (thirty) days to get back to you. We will not be responsible for any loss or damage suffered as a result of our failure to or delay in responding within the above period.

4. You shall be fully responsible for the security and authenticity of all instructions sent through the Nexo Platform, and you shall be bound by all such instructions. We will assume that all the instructions received from your Nexo Account are coming from you, and we shall not be obliged to verify this.

5. You accept the risk that your instructions and information may not be protected against unauthorised access when given through the Nexo Platform, as being transmitted via the Internet.

6. Any instructions sent to Nexo shall only be deemed received by Nexo when we have successfully retrieved them from the relevant system and duly informed you of the receipt. Any instructions sent by you to any third parties will only be deemed received by them in accordance with their terms and conditions.

7. You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the Nexo Platform and the Nexo Services (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means.

8. You acknowledge and agree that in the event of any dispute arising in connection with your use of the Nexo Platform and the Nexo Services, our records of all matters related to your use of the Nexo Platform and the Nexo Services on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.

XVIII. GOVERNING LAW AND JURISDICTION

1. The Agreement and all Exhibits shall be governed exclusively by the substantive law of the Cayman Islands.

2. Any dispute arising out of or in connection with the Agreement and all Exhibits, unless amicably settled between the Parties, shall be referred to the competent court in the Cayman Islands, determined as per the procedural law of the Cayman Islands. You agree that any dispute resolution proceeding shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Nexo’s Clients.

XIX. INTELLECTUAL PROPERTY

1. The Intellectual Property remains an exclusive property of Nexo. You acknowledge and agree that no part or parts of the Intellectual Property may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works, or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission. You are expressly and emphatically restricted from all of the following: (i) selling, sublicensing, and/or otherwise commercialising any Intellectual Property, (ii) using the Nexo Platform in any way that is, or maybe, damaging, (iii) using the Nexo Platform in any way that impacts Clients’ access, (iv) using the Nexo Platform contrary to Applicable Laws, or in a way that causes, or may cause, harm to the Nexo Platform, or to any person or business entity, (v) engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Nexo Platform.

2. Other than the content you own, including any audio, video, text, images, or other material which you may have opted to include on the Nexo Platform under these Terms or any Exhibit, Nexo and/or its licensors own all rights to the Intellectual Property and material contained, and all such rights are reserved. In regard to your content, you grant Nexo a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media. Your content must be your own and must not be infringing on any third party’s rights. Nexo reserves the right to remove any of your content from the Nexo Platform at any time and for any reason without notice.

3. Nexo hereby grants you a non-assignable and non-exclusive personal, worldwide, revocable, royalty-free license to use the Nexo Platform. However, certain areas of the Nexo Platform are restricted from access by you, and Nexo may further restrict access by you to any areas, at any time, at its sole and absolute discretion.

XX. MISCELLANEOUS

1. Your use of the Nexo Services may be subject to certain Fees, as indicated in any Fee Schedule and/or on the Nexo Platform, and/or in the Nexo Account at a given time, or otherwise agreed with us, such as withdrawal fees, repayment fees, inactivity fees, etc., which may include third-party fees, such as bank fees, card fees, gas fees, etc., but are always exclusive of any taxes. Third-party fees may not always be calculated in advance, may be separately charged and payable to the relevant third-party service provider. You acknowledge and agree that you are solely responsible for paying all our Fees, as well as all separately charged third-party fees. Our Fees will be charged and debited automatically from your Nexo Account in the same Digital Asset subject of the relevant Nexo Service or other Digital Asset, as the case may be and at our sole and absolute discretion. In case the deduction is not possible, you undertake to pay the relevant Fee to us within 7 (seven) calendar days of our notice to do so. You hereby acknowledge and agree that we may charge you for any additional costs incurred in relation to your Nexo Account or use of the Nexo Services, such as wrong transfers, payment refusals, etc. Our Fees and any Fee Schedule may be changed at any time, at Nexo’s sole and absolute discretion and without notice to you.

2. This Agreement, together with the Privacy Policy and the Cookies Policy, as well as the applicable Exhibits, represents the entire agreement between you and Nexo in relation to the use of the Nexo Services. Unless otherwise agreed, it supersedes all prior or current representations, statements, understandings, agreements, or communications between you and Nexo, its affiliates, third-party service providers, each of their respective employees, officers, directors, and representatives, whether written or verbal and regardless of the communication channel, including any statements in Nexo’s whitepaper.

3. Nexo shall reserve its right to amend or supplement these Terms and any Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Nexo Platform unless otherwise indicated. You shall regularly check the Nexo Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Nexo Platform without notice. By continuing to use the Nexo Platform and/or the Nexo Services, after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Terms and the changed Nexo Platform. If you do not wish to be bound by any amendments or supplements to these Terms or any Exhibit, you shall discontinue your use of the Nexo Platform and/or the Nexo Services immediately.

4. The descriptive headings in these Terms or any Exhibit are inserted for convenience only and shall not affect their interpretation. For the avoidance of doubt, all express terms contained in these Terms shall prevail over any terms which it may be possible to construe as implied and/or binding by any materials contained on the Nexo Platform.

5. The invalidity of the whole or part of any provision of these Terms or any Exhibit shall not affect the validity of the whole or part of any other provision of these Terms or any Exhibit. The remaining provisions of these Terms or any Exhibit shall remain in full force and effect.

6. The failure by Nexo to exercise or enforce any right under, or provision of, these Terms or any Exhibit shall not constitute a present or future waiver of such right or provision.

7. None of your rights and obligations arising out of the Agreement or any Exhibit are assignable or transferable without the prior written consent of Nexo. Nexo shall reserve the right to assign, delegate, or transfer this Agreement or any Exhibit and the rights and obligations thereunder to any third party at any time, without notice or your consent.

8. Except for the legal entities belonging to the Nexo group of companies оr operating under any Nexo brand name or trademark, a person who is not a party to this Agreement or any Exhibit shall not be entitled to enforce it.

9. This Agreement is prepared and concluded in English language, and may vary depending on your jurisdiction. In case it, the Nexo Platform or any part thereof is translated into another language for whatever reason, the English version shall prevail.

Exhibit I - Nexo Exchange Service

I. INTRODUCTION

1. This Exhibit incorporates by reference and supplements the Nexo Terms of Service (“Terms”) as if the entirety of the Terms were set forth in this Exhibit. Capitalised terms used but not defined in this Exhibit have the meanings given to them in the Terms. In the event of a conflict between the Terms and this Exhibit, the terms of this Exhibit shall prevail.

2. The Terms and this Exhibit (both “Agreement”) govern your use of the Nexo Exchange Service. Nexo shall reserve its right to amend or supplement the Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Nexo Platform unless otherwise indicated. You shall regularly check the Nexo Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Nexo Exchange Service without notice. By continuing to use the Nexo Exchange Service after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Exhibit and the changes to the Nexo Exchange Service. If you do not wish to be bound by any amendments or supplements to this Exhibit, you shall discontinue your use of the Nexo Exchange Service immediately.

3. Nexo may use one or more service provider(s) to facilitate the Nexo Exchange Service, in which case you acknowledge and agree that your authorisation and instruction extend to such service provider(s).

II. SPECIFIC FEATURES OF THE NEXO EXCHANGE SERVICE

1. The Nexo Exchange Service allows you to initiate the execution of an Exchange Transaction using the Base Assets in your Savings or Credit Wallet and the subsequent topping up of the proceeds thereof, respectively the relevant Counter Assets, into your Savings or Credit Wallet.

2. You may only initiate an Exchange Transaction regarding the Trading Pairs and/or the Crypto Bundles within the limits as indicated on the Nexo Platform and in the Nexo Account, which are subject to revision from time to time at our sole and absolute discretion. By selecting a Crypto Bundle, you instruct Nexo to execute several Exchange Transactions under this Agreement as described in Section III, and the proceeds under each Exchange Transaction, namely the relevant Counter Assets, shall be automatically topped up into your Savings Wallet. Nexo reserves the right to modify, add, or remove Digital Assets from the available Crypto Bundles at its sole and absolute discretion.

III. INITIATION AND EXECUTION OF EXCHANGE TRANSACTIONS

1. You may, upon your instruction to Nexo, initiate the execution of an Exchange Transaction by selecting a Trading Pair, respectively a Crypto Bundle, using available Digital Assets in your Nexo Account as Base Assets. If you do not have the minimum amount of the Base Asset needed for the execution of an Exchange Transaction (applicable only to the cases where the Base Asset is EURx/GBPx/USDx), you may initiate the execution of a purchase transaction in accordance with Art. V.5.(ii) of the Terms, a subsequent Exchange Transaction, and the topping-up of the proceeds of the latter, respectively the relevant Counter Assets, into your Savings Wallet. For the avoidance of doubt, the relevant Counter Assets will be topped up into your Savings Wallet only under the condition that both the purchase transaction and the Exchange Transaction under the preceding sentence have been executed. You may opt to set up recurring Exchange Transactions, to which Art. V.6. of the Terms will apply accordingly.

2. You must select the type and amount of the Base Asset you wish to sell and the Counter Asset you wish to buy, respectively the Crypto Bundle applicable for Swap Orders as defined below, thus selecting the Trading Pair(s), before you place one of the following Orders with Nexo:

2.1. Swap Order - an Order whereby you instruct Nexo to execute an Exchange Transaction at the best price available on the relevant Exchange(s). Nexo will show you the relevant Exchange Price on the Nexo Platform, and if the Exchange Transaction can be executed at more than one Exchange, Nexo will strive to execute the Exchange Transaction at the best price available on these Exchanges. However, we do not guarantee the availability of any price.

2.2. Target Price Swap Order - an Order whereby you instruct Nexo to execute an Exchange Transaction by either buying Digital Assets when the Target Price of the Counter Asset falls below a certain value or selling Digital Assets when the Target Price of the Base Asset surpasses a certain value, both of which are determined by you in relation to the last traded price of such Digital Assets on the relevant Exchange(s), as indicated on the Nexo Platform.

3. Target Price Orders will be pending until the Target Price is reached or the Order is cancelled by the Client, or in the cases under Art. IV.1. of Exhibit II. The Base Asset subject to the relevant Target Price Swap Order will continue earning Interest in accordance with the Nexo Earn Interest Product for a FLEX Term in your Nexo Account, but cannot be withdrawn, used for repayment of a Nexo Crypto Credit, until the Target Price Swap Order is cancelled or executed, while other limitations, as indicated on the Nexo Platform, i.e. ineligibility for cashback, may apply, subject to revision from time to time at our sole and absolute discretion.

4. You cannot reverse any Exchange Transaction once you have provided the relevant instructions to Nexo, as indicated in Art. V.7. of the Terms, while exceptions apply to the Target Price Swap Orders as indicated on the Nexo Platform and in your Nexo Account.

5. Your Orders shall be processed by Nexo immediately, excluding the cases where you have opted for recurring Digital Assets purchases under Art. V.6 of the Terms and the Target Price Swap Orders, while their status may be tracked in the Nexo Account. However, due to technical reasons, the processing may take longer, for which Nexo cannot be held liable.

6. Once your Order has been executed, the Counter Assets have been topped up into your Nexo Account, respectively your Nexo Account balance has been updated, you will receive confirmation of the Exchange Transaction via e-mail.

7. You will not be able to place an Order (i) using Base Assets not available in your Savings or Credit Wallet, (ii) above or under the permitted limits as indicated on the Nexo Platform and in your Nexo Account, (iii) when the Base Asset serves as Collateral of a current Nexo Crypto Credit and the LTV applicable thereto exceeds the LTV applicable to the Counter Asset intended to serve as Collateral of the same Nexo Crypto Credit instead of the Base Asset, as indicated on the Nexo Platform and in the Nexo Account, or (iv) using Base Assets in your Credit Wallet to execute a Target Price Swap Order.

8. Your Order may be rejected (i) due to network shortages and/or technical reasons, (ii) in case of significant price difference, or (iii) in case there are not enough Counter Assets on the Exchange(s).

9. We may, at our sole and absolute discretion, reverse or adjust any executed Exchange Transaction in case of an error in the Exchange Price or the Target Price of the Digital Assets, which deviates from the prevailing market price and which has occurred as a result of a system or technical error detected by Nexo, regardless of the reason for such. In case of reversal, the Counter Assets subject of the Exchange Transaction will be withdrawn from the Savings or Credit Wallet of your Nexo Account, and the Base Assets will be re-topped up thereinto. In case of adjustment, the amount of the Counter Assets subject of the Exchange Transaction will be adjusted accordingly in the Savings or Credit Wallet of your Nexo Account.

10. If an Exchange Transaction is initiated and executed as part of the Nexo Booster, Exhibit V shall apply accordingly, while in case of any discrepancy between Exhibit I and Exhibit V, the latter shall prevail.

Exhibit II - Nexo Crypto Credit

I. INTRODUCTION

1. This Exhibit incorporates by reference and supplements the Nexo Terms of Service (“Terms”) as if the entirety of the Terms were set forth in this Exhibit. Capitalised terms used but not defined in this Exhibit have the meanings given to them in the Terms. In the event of a conflict between the Terms and this Exhibit, the terms of this Exhibit shall prevail.

2. The Terms and this Exhibit (both “Agreement”) govern your use of the Nexo Crypto Credit. Nexo shall reserve its right to amend or supplement the Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Nexo Platform unless otherwise indicated. You shall regularly check the Nexo Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Nexo Crypto Credit without notice. By continuing to use the Nexo Crypto Credit after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Exhibit and the changes to the Nexo Crypto Credit. If you do not wish to be bound by any amendments or supplements to this Exhibit, you shall discontinue your use of the Nexo Crypto Credit immediately.

3. Nexo may use one or more service provider(s) to facilitate the Nexo Crypto Credit, in which case you acknowledge and agree that your authorisation and instruction extend to such service provider(s).

II. NEXO CRYPTO CREDIT AND COLLATERAL

1. Nexo will grant you a Nexo Crypto Credit in Digital Assets if you provide the required Digital Assets as collateral, by transferring them into the Nexo Account or by using the ones available thereinto (“Collateral”). All such Digital Assets are indicated on the Nexo Platform and in the Nexo Account and are subject to revision from time to time.

2. The value of the Nexo Crypto Credit shall be calculated by the loan-to-value ratio, as indicated on the Nexo Platform and subject to revision from time to time at our sole and absolute discretion (“LTV”), against the value of the Collateral at the time of granting. The value of the Collateral shall be dynamically calculated by Nexo in accordance with its applicable policy at the moment, on the basis of margin percentages applied to the market value of the Collateral, according to an exchange ratio equivalent to the volume-weighted average price of the relevant Digital Assets across leading cryptocurrency exchanges.

3. You shall at all times maintain the necessary Collateral in accordance with the LTV.

4. You may initiate substitution of the Digital Assets used as Collateral at any time by initiating an Exchange Transaction in accordance with Exhibit I, only under the condition that the LTV applicable to the Counter Asset intended to serve as Collateral of the Nexo Crypto Credit instead of the Base Asset is equal to or exceeds the LTV applicable to the Base Asset used as Collateral, as indicated on the Nexo Platform and in the Nexo Account. Once your Order has been executed, the Counter Assets shall be topped up into the Credit Wallet of your Nexo Account, respectively your Nexo Crypto Credit balance shall be updated, and the substitution shall be deemed completed. In case the LTV applicable to the Counter Asset exceeds the one applicable to the Base Asset, only the Counter Assets corresponding to the initial LTV shall be used as Collateral, and the remaining balance shall be at the Client’s disposal as per this Agreement. The number of substitutions under this article shall be unlimited while the Nexo Crypto Credit is outstanding.

5. By virtue of this Agreement, Nexo acquires all rights under Art. IX.3.1.3 of the Terms to the Collateral while the Nexo Crypto Credit is outstanding. In cases of a substitution under Art. II.4., once the same has been completed, all rights acquired by Nexo under Art. IX.3.1.3 of the Terms shall pass onto the Counter Assets used as Collateral of the same Nexo Crypto Credit.

6. If a Nexo Crypto Credit is granted as part of the Nexo Booster, Exhibit V shall apply accordingly, while in case of any discrepancy between Exhibit II and Exhibit V, the latter shall prevail.

7. If a Nexo Crypto Credit is granted for opening of a Futures Contract, Exhibit VII shall apply accordingly, while in case of any discrepancy between Exhibit II and Exhibit VII, the latter shall prevail.

III. INTEREST

1. A compound annual Interest shall commence accruing as of the start date of the Nexo Crypto Credit (“Start Date”), at the rate determined at the time the Nexo Crypto Credit is granted and indicated in the Nexo Account and on the Nexo Platform. The Interest shall be subject to revision from time to time, at our sole and absolute discretion.

2. The Interest shall be calculated daily, at a certain time on each calendar day, on the basis of the actual number of days elapsed in a 360-day year.

3. No periodic repayment of the Interest shall be due. Any Interest accrued shall be indicated in the Nexo Account.

IV. MARGIN CALLS. LIQUIDATION

1. If the LTV increases above certain thresholds, as indicated on the Nexo Platform, you shall provide additional Collateral and/or make the required repayments to rebalance the Nexo Crypto Credit. In addition, in case you have enabled the available option(s) in your Nexo Account, the relevant amount and type of Digital Assets will be automatically transferred from the Savings Wallet to the Credit Wallet of your Nexo Account to serve as additional Collateral in the following order: (i) the relevant amount and type of Digital Assets available in the Savings Wallet, (ii) the Base Assets in a Target Price Swap Order(s), where the Order(s) will be automatically cancelled, (iii) the relevant amount and type of Digital Assets to which the relevant Nexo Earn Interest Product(s) for a Fixed Term applies. If the necessary requirements are met, you may opt for such automatic transfer where the relevant amount and type of Digital Assets available in the Savings Wallet will be automatically transferred to maintain the desired lower LTV of your Nexo Crypto Credit, according to the procedure described on the Nexo Platform. The above features will affect your outstanding Nexo Crypto Credit henceforth and may be disabled at any time, as indicated on the Nexo Platform.

2. If the LTV increases above the maximum permitted threshold, as indicated on the Nexo Platform, Nexo shall liquidate the necessary amount of Collateral to rebalance your Nexo Crypto Credit, respectively shall close any Futures Contracts, and you give Nexo the authority and discretion to sell or dispose of any or all Collateral, respectively close any Futures Contracts, in such manner as Nexo, at its sole and absolute discretion, sees fit. You hereby acknowledge and agree that Nexo is expressly entitled to a private realisation of the Collateral, in particular by selling and assigning or transferring the Collateral to any third party, or by acquiring any or all of such Collateral.

3. Nexo may take reasonable steps but shall not be obliged to notify you of any changes in the LTV prior to Nexo exercising its rights under this Agreement, including but not limited to proceeding with liquidation or closing of Futures Contracts. Nexo retains the discretion to liquidate your Collateral or close your Futures Contracts without prior notice, especially when market conditions require immediate action. You acknowledge and agree that it is your sole responsibility to monitor the prevailing market conditions at a given time and maintain your LTV in full accordance with this Agreement without request or notice by Nexo.

V. TERM

1. The Nexo Crypto Credit shall mature in a 12-month term starting from the Start Date (“Maturity Date”).

2. Unless terminated on the Maturity Date in accordance with this Agreement, the term of the Nexo Crypto Credit shall be automatically extended for another 12-month term. The number of extensions under the preceding sentence shall be unlimited.

VI. REPAYMENT AND WITHDRAWAL

1. The Nexo Crypto Credit shall be repaid on the Maturity Date unless its term has been automatically extended in accordance with Art. V.2.

2. You may repay, at any time prior to the Maturity Date, any amount: (i) by using available Digital Assets in your Nexo Account, whether being the same Digital Assets as the Nexo Crypto Credit granted, or other Digital Assets acceptable to Nexo, (ii) by transferring into the Nexo Account the same Digital Assets as the Nexo Crypto Credit granted or other Digital Assets acceptable to Nexo, (iii) with the Collateral, or (iv) by combination of any or all of the above. Certain rules may apply to repayments from time to time, as indicated on the Nexo Platform, including in the case of a Futures Contract, where the Nexo Crypto Credit will be repaid after the closure of the relevant Futures Contract.

3. All repayments shall be allocated first to the Fees (if any), then to the Interest and last to the principal of the Nexo Crypto Credit.

4. Once the Nexo Crypto Credit has been repaid in full, all remaining Collateral shall no longer be treated as such for the purpose of this Nexo Crypto Credit.

5. Nexo may provide you with discounts on the Nexo Crypto Credit or any part thereof, such as the principal, the Interest, or the Fees, at any time, under conditions it finds appropriate.

Exhibit III - Nexo Earn Interest Product

I. INTRODUCTION

1. This Exhibit incorporates by reference and supplements the Nexo Terms of Service (“Terms”) as if the entirety of the Terms were set forth in this Exhibit. Capitalised terms used but not defined in this Exhibit have the meanings given to them in the Terms. In the event of a conflict between the Terms and this Exhibit, the terms of this Exhibit shall prevail.

2. The Terms and this Exhibit (both “Agreement”) govern your use of the Nexo Earn Interest Product. Nexo shall reserve its right to amend or supplement the Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Nexo Platform unless otherwise indicated. You shall regularly check the Nexo Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Nexo Earn Interest Product without notice. By continuing to use the Nexo Earn Interest Product after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Exhibit and the changes to the Nexo Earn Interest Product. If you do not wish to be bound by any amendments or supplements to this Exhibit, you shall discontinue your use of the Nexo Earn Interest Product immediately.

3. Nexo may use one or more service provider(s) to facilitate the Nexo Earn Interest Product, in which case you acknowledge and agree that your authorisation and instruction extend to such service provider(s).

II. SPECIFIC FEATURES OF THE NEXO EARN INTEREST PRODUCT

1. In case you have opted in for using the Nexo Earn Interest Product on the Nexo Platform (“Opt-in”), you can earn Interest on certain Digital Assets topped up into the Savings Wallet of your Nexo Account in accordance with Section V of the Terms or moved to the Credit Wallet of your Nexo Account (applicable only to some Digital Assets), subject to any specific conditions or limitations indicated herein, in your Nexo Account or on the Nexo Platform. All such Digital Assets are indicated on the Nexo Platform and in the Nexo Account and are subject to revision from time to time at our sole and absolute discretion.

2. Upon Opt-in, your agreement to use the Nexo Earn Interest Product is effective for a term of 365 days (“Opt-in Term”), subject to the specific conditions or limitations indicated herein, in your Nexo Account or on the Nexo Platform. You retain the right to opt out of using the Nexo Earn Interest Product (“Opt-out”) at any point during the Opt-in Term. Any Opt-in following a previous Opt-out will be considered a continuation of the initial Opt-in Term.

3. You are allowed to have multiple active Nexo Earn Interest Products running simultaneously. Interest will be accrued separately on each Nexo Earn Interest Product.

4. You may select a Nexo Earn Interest Product for a flex term (“FLEX Term”) or for a fixed term (“Fixed Term”). The terms applicable to each of the above types of Nexo Earn Interest Product, including but not limited to the Digital Assets on which Interest can be earned, the Interest and the duration of the Fixed Term, if any, are indicated on the Nexo Platform and may be changed by Nexo from time to time, at its sole and absolute discretion.

5. If you select a Nexo Earn Interest Product for a Fixed Term, you cannot terminate the Agreement in the relevant part thereof governing your use of this Nexo Earn Interest Product prematurely or withdraw your Digital Assets before the expiry of the Fixed Term, regardless of any Opt-out. However, in cases where the LTV of your Nexo Crypto Credit reaches the relevant threshold, as indicated in Exhibit II and on the Nexo Platform, and you have enabled the available options in your Nexo Account, a certain amount and type of Digital Assets, to which the relevant Nexo Earn Interest Product for a Fixed Term applies, may be automatically transferred from the Savings Wallet to the Credit Wallet of your Nexo Account to serve as additional Collateral of Nexo Crypto Credits, subject to the procedure described on the Nexo Platform.

6. During the Opt-in Term the Nexo Earn Interest Product for a Fixed Term may be automatically renewed, either with or without the accrued in-kind Interest, depending on Client’s choice in the Nexo Account, and each new Fixed Term will be governed by the terms applicable to the Nexo Earn Interest Product for this specific Fixed Term on the date of renewal. You may, at any time during the Fixed Term, deactivate the automatic renewal and vice versa, while Nexo will consider your choice on the date of expiry of each Fixed Term. Unless you have opted for automatic renewal and/or you have used the Opt-out, after the date of expiry of the relevant Fixed Term, the Digital Assets subject of the Nexo Earn Interest Product for this Fixed Term will continue to earn Interest in accordance with the terms applicable to the Nexo Earn Interest Product for a FLEX Term.

7. The Opt-in Terms, conditions, limitations, restrictions, and prohibitions may vary depending on your jurisdiction, as indicated in your Nexo Account or on the Nexo Platform, and do not apply to the Nexo Services outlined in Exhibit VIII.

III. INTEREST

1. The Interest shall commence accruing on the Digital Assets at a certain rate as of the expiry of 24 (twenty-four) hours of their topping up into the Savings Wallet of your Nexo Account, respectively your Opt-in, as the case may be and to the extent applicable, (“Start Time”) and may be earned in the same Digital Assets as the ones on which it is accrued or in NEXO Tokens (applicable to Digital Assets different from NEXO Tokens), as per your choice in the Nexo Account. In case you opt for earning in NEXO Tokens rather than earning in-kind, higher Interest may be accrued on your Digital Assets, as indicated on the Nexo Platform. You may, at any time, switch from earning in-kind to earning in NEXO Tokens, if applicable, and vice versa. The Interest shall be compound when earned in-kind and simple when earned in NEXO Tokens.

2. The Interest shall be subject to revision from time to time at our sole and absolute discretion. We will notify you of the new Interest on the Nexo Platform. Unless indicated otherwise in the notification, the new Interest shall apply on the next calendar day following the said notification.

3. The Interest shall be calculated daily, at a certain time on each calendar day, on the basis of the actual number of days elapsed in a 365-day year. When the Interest is accrued in NEXO Tokens, if applicable, for the purpose of determining the amount of the latter, the fiat equivalent of the in-kind Interest on the relevant Digital Assets up to the above time is converted into NEXO Tokens.

4. The Interest for the Nexo Earn Interest Product for a FLEX Term shall be credited to your Nexo Account at a certain time on each calendar day, but no earlier than the Start Time. The Interest for the Nexo Earn Interest Product for a Fixed Term shall be credited to your Nexo Account on the date of expiry of the relevant Fixed Term unless, up to this date, all the Digital Assets to which the relevant Nexo Earn Interest Product for a Fixed Term applies have been automatically transferred to the Credit Wallet of your Nexo Account to serve as additional Collateral in accordance with Art. II.5. However, the Interest shall be visible in your Nexo Account for the duration of the Fixed Term for your convenience only.

5. The Interest, if any, subject to Art. III.4., shall be accrued on the Digital Assets until the date of your instructions to transfer them to the Credit Wallet or the Futures Wallet, or until your request for withdrawal under Art. IV.1., respectively Opt-out under Art. II.2, in case of a Nexo Earn Interest Product for a FLEX Term, or until the date of expiry of the relevant Fixed Term, in case of a Nexo Earn Interest Product for a Fixed Term. You will only receive the Interest that has been credited to your Nexo Account up to the time of your request or Opt-out, respectively expiry of the relevant Fixed Term.

6. Nexo reserves its right to grant preferential Interest or other terms to certain Clients, as part of marketing campaigns or otherwise, as indicated on the Nexo Platform and subject to revision from time to time, at its sole and absolute discretion. In case of automatic renewal, as described in Art. II.6, the initial preferential Interest and/or other terms will not apply, while the new Fixed Term will be renewed for the shortest possible term or, if not applicable - for the next term in ascending order.

IV. WITHDRAWAL OF DIGITAL ASSETS

1. You may request for withdrawal of the Digital Assets, respectively the fiat equivalent of the Digital Assets, if any, in accordance with Art. VIII.1. and VIII.2. of the Terms and subject to any limitations elsewhere in the Terms: (i) at any time, when using a Nexo Earn Interest Product for a FLEX Term, or (ii) on the date of expiry of the relevant Fixed Term, when using a Nexo Earn Interest Product for a Fixed Term, unless you have opted for automatic renewal.

Exhibit IV - Nexo Card

I. INTRODUCTION

1. This Exhibit incorporates by reference and supplements the Nexo Terms of Service (“Terms”) as if the entirety of the Terms were set forth in this Exhibit. Capitalised terms used but not defined in this Exhibit have the meanings given to them in the Terms. In the event of a conflict between the Terms and this Exhibit, the terms of this Exhibit shall prevail.

2. The Terms, this Exhibit and the Nexo Card Provider General Terms and Conditions (the latter “Card Terms” and all “Agreement”) govern your use of the Nexo Card. Nexo shall reserve its right to amend or supplement the Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Nexo Platform unless otherwise indicated. You shall regularly check the Nexo Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Nexo Card without notice. By continuing to use the Nexo Card after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Exhibit and the changes to the Nexo Card. If you do not wish to be bound by any amendments or supplements to this Exhibit, you shall discontinue your use of the Nexo Card immediately.

3. Nexo may use one or more service provider(s) to facilitate the Nexo Card, in which case you acknowledge and agree that your authorisation and instruction extend to such service provider(s).

II. SPECIFIC FEATURES OF THE NEXO CARD

1. The Nexo Card allows you to request a Nexo Crypto Credit and/or execute an Exchange Transaction using the Digital Assets in the Savings Wallet of your Nexo Account as Collateral, respectively as Base Assets, and subsequently request the fiat equivalent of the Nexo Crypto Credit or the proceeds of the Exchange Transaction, namely the Counter Assets. When using the Nexo Card to execute Exchange Transactions, you may set the order in which the Digital Assets in your Savings Wallet will be exhausted, respectively used as Base Assets, or if you have not set such order, the latter will be predetermined by Nexo. In case: (i) a Digital Asset is no longer supported on the Nexo Platform, or (ii) a Digital Asset is exhausted, the next in line Digital Asset will be used for the Exchange Transactions.

2. You may order a physical and/or a virtual Nexo Card via the Nexo Platform, within the limitations as indicated in your Nexo Account and on the Nexo Platform, and in accordance with the Card Terms.

3. You may be eligible to receive cashback in Digital Assets at a certain percentage for each transaction with your Nexo Card requesting a Nexo Crypto Credit, as indicated in your Nexo Account and on the Nexo Platform. The conditions for receiving cashback are subject to revision from time to time at our sole and absolute discretion.

4. In case of a refund or chargeback of any transaction with your Nexo Card for requesting a Nexo Crypto Credit, the refunded or chargeback amount will be reverted, while the relevant amount thereof will be topped up into your Savings Wallet. Any cashback associated with the refunded or chargeback transactions will also be reverted, while the same will be added to your outstanding Nexo Crypto Credit, thus increasing the amount of the latter.

5. If you choose a transaction with the Nexo Card to be executed in a currency other than the Nexo Card Currency, the card provider will execute the relevant transaction at the prevailing conversion rate as indicated on the Nexo Platform, within the limitation as indicated on the Nexo Platform. When using the Nexo Card for requesting a Nexo Crypto Credit, further transactions may occur, as indicated on the Nexo Platform.

6. Nexo will not be liable if: (i) you do not have enough Digital Assets available in your Nexo Account to complete the transaction, (ii) a merchant refuses to accept your Nexo Card, (iii) an ATM where you are making a cash withdrawal does not have enough cash, (iv) an electronic terminal where you are making a transaction does not operate properly, (v) the access to your Nexo Card has been blocked after you had reported your Nexo Card lost or stolen, (vi) your Digital Assets or Nexo Account are subject to legal process leading to their suspension, restriction, or similar measures, (vii) Nexo or the card provider have reasons to believe the requested transaction is unauthorized, or (viii) circumstances beyond our control (e.g. force majeure) prevent the completion of the transaction, despite the reasonable precautions that we have taken.

7. In case of discrepancies between the present Exhibit IV and Exhibit I and/or Exhibit II, the present Exhibit IV shall prevail.

Exhibit V - Nexo Booster

I. INTRODUCTION

1. This Exhibit incorporates by reference and supplements the Nexo Terms of Service (“Terms”) as if the entirety of the Terms were set forth in this Exhibit. Capitalised terms used but not defined in this Exhibit have the meanings given to them in the Terms. In the event of a conflict between the Terms and this Exhibit, the terms of this Exhibit shall prevail.

2. The Terms and this Exhibit (both “Agreement”) govern your use of the Nexo Booster. Nexo shall reserve its right to amend or supplement the Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Nexo Platform unless otherwise indicated. You shall regularly check the Nexo Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Nexo Booster without notice. By continuing to use the Nexo Booster after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Exhibit and the changes to the Nexo Booster. If you do not wish to be bound by any amendments or supplements to this Exhibit, you shall discontinue your use of the Nexo Booster immediately.

3. Nexo may use one or more service provider(s) to facilitate the Nexo Booster, in which case you acknowledge and agree that your authorisation and instruction extend to such service provider(s).

II. SPECIFIC FEATURES OF THE NEXO BOOSTER

1. The Nexo Booster allows you to multiply your Portfolio Balance by either: (i) multiplying any Digital Asset in your Portfolio Balance by requesting a Nexo Crypto Credit under Exhibit II and a subsequent Exchange Transaction under Exhibit I, whereby both the proceeds of the Exchange Transaction, respectively the relevant Counter Assets, and the relevant part of the same type of Digital Asset available in the Client’s Savings Wallet prior to the execution of the Exchange Transaction will be automatically transferred from the Savings Wallet to the Credit Wallet of your Nexo Account to serve as Collateral of the Nexo Crypto Credit in accordance with the required LTV, (ii) selecting a Trading Pair and initiating an Exchange Transaction for the available amount of the Base Asset in your Nexo Account under Exhibit I, and requesting a Nexo Crypto Credit under Exhibit II and a subsequent Exchange Transaction under Exhibit I, whereby the proceeds of both Exchange Transactions above, respectively the relevant Counter Assets, will be automatically transferred from the Savings Wallet to the Credit Wallet of your Nexo Account to serve as Collateral of the Nexo Crypto Credit in accordance with the required LTV.

2. Nexo will grant you the Nexo Crypto Credit as part of the Nexo Booster in a stablecoin determined by Nexo and indicated on the Nexo Platform and in the Nexo Account, which is subject to revision from time to time, at Nexo’s sole and absolute discretion. This stablecoin will serve as a Base Asset of the Exchange Transaction to be executed after the granting of the Nexo Crypto Credit.

3. You may only use the Nexo Booster within the limits, for the Digital Assets, and under the conditions, as indicated in this Agreement, on the Nexo Platform and in the Nexo Account, which are subject to revision from time to time at our sole and absolute discretion.

4. Your request to use the Nexo Booster may be rejected: (i) due to network shortages and/or technical reasons, (ii) in case of significant price difference, or (iii) in case there are not enough of the Digital Assets you wish to purchase on the Exchanges.

5. We may, at our sole and absolute discretion, reverse or adjust any executed Exchange Transaction as part of the Nexo Booster in case of an error in the Exchange Price of the Digital Assets, which deviates from the prevailing market price and which has occurred as a result of a system or technical error detected by Nexo, regardless of the reason for such. Any reversal of an Exchange Transaction automatically leads to the reversal of the related Nexo Crypto Credit. In case of reversal, the Counter Assets subject of the Exchange Transaction(s) and/or your initial Digital Assets (in cases of a Nexo Booster under Art. II.1.(i)) will be withdrawn from the Credit Wallet of your Nexo Account, the Base Assets subject of the Exchange Transaction(s) and/or your initial Digital Assets (in cases of a Nexo Booster under Art. II.1.(ii)) will be re-topped up into the Savings Wallet of your Nexo Account (when not resulting from a Nexo Crypto Credit) or withdrawn therefrom (when resulting from a Nexo Crypto Credit), as the case may be. In case of adjustment, the amount of the Counter Assets subject of the Exchange Transaction(s) will be adjusted accordingly in the Credit Wallet of your Nexo Account.

6. In case of discrepancies between the present Exhibit V and Exhibit I and/or Exhibit II, the present Exhibit V shall prevail.

Exhibit VI - Nexo Staking Product

I. INTRODUCTION

1. This Exhibit incorporates by reference and supplements the Nexo Terms of Service (“Terms”) as if the entirety of the Terms were set forth in this Exhibit. Capitalised terms used but not defined in this Exhibit have the meanings given to them in the Terms. In the event of a conflict between the Terms and this Exhibit, the terms of this Exhibit shall prevail.

2. The Terms and this Exhibit (both “Agreement”) govern your use of the Nexo Staking Product. Nexo shall reserve its right to amend or supplement the Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Nexo Platform unless otherwise indicated. You shall regularly check the Nexo Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Nexo Staking Product without notice. By continuing to use the Nexo Staking Product after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Exhibit and the changes to the Nexo Staking Product. If you do not wish to be bound by any amendments or supplements to this Exhibit, you shall discontinue your use of the Nexo Staking Product immediately.

3. Nexo may use one or more service provider(s) to facilitate the Nexo Staking Product, in which case you acknowledge and agree that your authorisation and instruction extend to such service provider(s).

II. SPECIFIC FEATURES OF THE NEXO STAKING PRODUCT

1. The Nexo Staking Product allows you to earn Rewards by using Eligible Digital Assets topped up into your Nexo Account in accordance with Section V of the Terms, within the limitations and under the conditions as indicated on the Nexo Platform. Staking your Eligible Digital Assets, respectively unstaking your Staked Digital Assets, will be at a rate indicated on the Nexo Platform.

2. You may only initiate a Stake Transaction regarding the Staking Pairs, which are subject to revision from time to time at our sole and absolute discretion, and within the limits as indicated on the Nexo Platform and in the Nexo Account.

3. You may use your Staked Digital Assets to repay your Nexo Crypto Credit in accordance with Exhibit II.

4. You may initiate substitution of the Staked Digital Assets or the Eligible Digital Assets used as Collateral by initiating a Stake Transaction, respectively an Unstake Transaction, within the limitations and restrictions under Art. II.7 of this Exhibit, in your Nexo Account and on the Nexo Platform.

5. You may unstake your Staked Digital Assets, together with the distributed Rewards, at any time, in accordance with Section IV of the present Exhibit, subject to the limitations and restrictions in this Exhibit and on the Nexo Platform, which may be revised from time to time at our sole and absolute discretion.

6. You are responsible for all Stake Orders you place with Nexo and your decisions relating to staking, unstaking and using the Nexo Staking Product.

7. You will not be able to place a Stake Order: (i) using Digital Assets not available in your Nexo Account or not eligible for the Nexo Staking Product, (ii) when the Eligible Digital Assets serve as Collateral of a current Nexo Crypto Credit and the LTV applicable thereto exceeds the LTV applicable to the Staked Digital Asset intended to serve as Collateral of the same Nexo Crypto Credit instead of the Eligible Digital Asset, as indicated on the Nexo Platform and in the Nexo Account. Your Stake Order may be rejected due to network shortages and/or technical reasons.

8. We may, at our sole and absolute discretion, reverse or adjust any executed Stake Transaction or Unstake Transaction in case of system or technical error detected by Nexo, regardless of the reason for such. In case of reversal, the Staked Digital Assets subject of the Stake Transaction, respectively of the Unstake Transaction, will be withdrawn from your Nexo Account, and the Eligible Digital Assets will be re-topped up thereinto. In case of adjustment, the amount of Eligible Digital Assets or Staked Digital Assets, subject to the Stake Transaction, respectively of the Unstake Transaction, will be adjusted accordingly in your Nexo Account.

9. You understand and agree that, at any time, at its sole and absolute discretion, without liability to you, Nexo can suspend the Nexo Staking Product, as indicated in Section XII of the Terms, as well as: (i) act as a validator or assign a third party with the staking of your Eligible Digital Assets, (ii) keep all or part of the on-chain rewards, or (iii) decide on supporting or not any voting rights associated the Eligible Digital Assets.

III. INITIATION AND EXECUTION OF STAKE TRANSACTIONS

1. You must select the amount of the Eligible Digital Asset before you place a Stake Order with Nexo to execute a Stake Transaction. You cannot reverse any Stake Transaction once you have provided the relevant instructions to Nexo, as indicated in Art. V.7. of the Terms.

2. After you have selected the amount of Eligible Digital Assets, Nexo will show you the corresponding amount in Staked Digital Assets.

3. Your Stake Orders for executing Stake Transactions shall be processed by Nexo immediately, while their status may be tracked in the Nexo Account. However, due to technical limitations, the processing may take a longer period of time, for which Nexo cannot be held liable.

4. Once your Stake Order has been executed, respectively your Nexo Account balance has been updated, you will receive confirmation of the Stake Transaction via e-mail.

IV. INITIATION AND EXECUTION OF UNSTAKE TRANSACTIONS

1. You must select the amount of the Staked Digital Asset before you place a Stake Order with Nexo to execute an Unstake Transaction. You cannot reverse any Unstake Transaction once you have provided the relevant instructions to Nexo, as indicated in Art. V.7. of the Terms.

2. Nexo will devote significant efforts to ensure that any Unstake Transaction will be processed no later than 24 (twenty-four) hours of your Stake Order. However, due to technical limitations imposed by the relevant network, the processing may be delayed for a predefined cooldown period, which is outside Nexo’s control and for which Nexo cannot be held liable. In the case of the preceding sentence, Nexo reserves the right to extend the predefined period, at its sole and absolute direction, while such changes will be published on the Nexo Platform.

3. Once your Stake Order has been executed, the proceeds of the Unstake Transaction will be topped up into your Nexo Account, together with the received Rewards, if any, respectively your Nexo Account balance will be updated, and you will receive confirmation of the Unstake Transaction via e-mail.

V. REWARDS

1. Rewards, if any, shall commence accruing on the Staked Digital Assets at a certain rate, less the Nexo Staking Commission, as indicated in your Nexo Account, either as of the expiry of 24 (twenty-four) hours as of the topping up of the Eligible Digital Assets into your Nexo Account and execution of the Stake Transaction (“Cool-off Period”), or on the same day if the Cool-off Period has expired prior to the execution of the Stake Transaction, within the limitations and under the conditions, as indicated on the Nexo Platform (“Start Time”). Rewards, if any, shall be compound and are not guaranteed by Nexo, nor shall be determined by your loyalty level.

2. Rewards shall be distributed to and visible in your Nexo Account after they are received by Nexo, on a daily basis, at a certain time on each calendar day, but no earlier than the Start Time.

3. Rewards, if any, shall be accrued until the date of your request for unstaking under Art. IV.1. of this Exhibit. You will only receive the Rewards that have been credited to your Nexo Account up to the time of your request.

4. Nexo reserves the right to grant preferential Rewards or other terms to certain Clients as part of marketing campaigns or otherwise, at its sole and absolute discretion.

Exhibit VII - Nexo Futures Product

I. INTRODUCTION

1. This Exhibit incorporates by reference and supplements the Nexo Terms of Service (“Terms”) as if the entirety of the Terms were set forth in this Exhibit. Capitalised terms used but not defined in this Exhibit have the meanings given to them in the Terms. In the event of a conflict between the Terms and this Exhibit, the terms of this Exhibit shall prevail.

2. The Terms and this Exhibit (both “Agreement”) govern your use of the Nexo Futures Product. Nexo shall reserve its right to amend or supplement the Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Nexo Platform unless otherwise indicated. You shall regularly check the Nexo Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Nexo Futures Product without notice. By continuing to use the Nexo Futures Product after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Exhibit and the changes to the Nexo Futures Product. If you do not wish to be bound by any amendments or supplements to this Exhibit, you shall discontinue your use of the Nexo Futures Product immediately.

3. Nexo may use one or more service provider(s) to facilitate the Nexo Futures Product, in which case you acknowledge and agree that your authorisation and instruction extend to such service provider(s).

II. INITIATION AND EXECUTION OF FUTURES ORDERS

1. You must select the type and amount of the Perpetual Futures you wish to sell or buy before you place a Futures Order with Nexo to place one of the following orders:

1.1. Long Оrder - an order whereby you instruct Nexo to open a Futures Contract by buying Perpetual Futures at the price available at the relevant Exchange(s), within the multiplication and other limits as indicated on the Nexo Platform, and subsequently selling this Digital Asset at the price available at the relevant Exchange(s);

1.2. Short Оrder - an order whereby you instruct Nexo to open a Futures Contract by selling Perpetual Futures at the price available at the relevant Exchange(s), within the multiplication and other limits as indicated on the Nexo Platform, and subsequently buying this Digital Asset at the price available at the relevant Exchange(s).

2. You may, while having an open Futures Contract, instruct Nexo to partially or fully close your Futures Contract by placing one of the following orders or simultaneously both of them, which will apply for the relevant Perpetual Futures, unless they are canceled, or the relevant opened Futures Contract is closed either by liquidation or by you, namely:

2.1. Stop Loss Order - an order whereby you instruct Nexo to close а Futures Contract when the price of the Perpetual Futures, in the case of a Short Order, reaches or rises above, or respectively in the case of a Long Order, reaches or falls below a certain threshold determined by you, whereas this threshold is compared to the last traded price of the Perpetual Futures on the relevant Exchange(s), as indicated on the Nexo Platform;

2.2. Take Profit Order - an order whereby you instruct Nexo to close а Futures Contract when the price of the Perpetual Futures, in the case of a Short Order, reaches or falls below, or respectively in the case of a Long Order, reaches or rises above a certain threshold determined by you, whereas this threshold is compared to the last traded price of the Perpetual Futures on the relevant Exchange(s), as indicated on the Nexo Platform.

3. You may defer the placement of a Futures Order by designating the specific Entry Price, at which the Futures Contract shall be opened, or the specific Exit Price, at which the Futures Contract shall be closed, while you may, at any time before execution of the relevant Futures Order, change the Entry Price, respectively the Exit Price, and/or the amount of the relevant Futures Order.

4. You may execute both Long and Short Orders for the same Perpetual Futures, and also partially or fully close any open Futures Contract. Upon full closure, or partially, if selected by you, the Futures Contracts are denominated and settled in a certain stablecoin determined by Nexo, as indicated on the Nexo Platform.

5. Upon placing a Long or Short Order for opening a Futures Contract with Nexo, you are requesting a Nexo Crypto Credit under Exhibit II against a Collateral, within the Leverage limitations as indicated on the Nexo Platform.

6. Nexo will grant you an interest-free Nexo Crypto Credit in a stablecoin determined by Nexo and indicated on the Nexo Platform and in the Nexo Account, while Section III of Exhibit II will not apply. Your Futures Contracts will be closed automatically if your Margin Risk increases above the permitted threshold, as indicated on the Nexo Platform and in accordance with Exhibit II. Unless otherwise stipulated herein, the Nexo Crypto Credit, in case of a Futures Contract, is governed by Exhibit II. Regardless of the interest-free nature of the Nexo Crypto Credit granted, Nexo may impose Funding Fees.

7. You may, at any time while having an open Futures Contract(s), change the Leverage, within the limits indicated on the Nexo Platform, while each time the amount of the Collateral will be adjusted accordingly and/or a Nexo Crypto Credit may be granted in accordance with Art. II.5. and II.6. hereinabove. Changes under the preceding sentences will affect both Long and Short Orders for the same Perpetual Futures.

8. The Collateral will be included in the Locked Balance. The Margin Risk of your Nexo Crypto Credit for a Futures Contract shall be monitored by Nexo in accordance with Exhibit II, and the liquidation procedure therein will apply accordingly.

9. In case you instruct Nexo to close any open Futures Contract, or in the event of liquidation, the proceeds of the relevant Futures Contract will be used for the repayment of the Nexo Crypto Credit and will be allocated first to the Fees, if any, and then to the principal of the Nexo Crypto Credit. The same applies in the case of partial closure of a Futures Contract.

10. Your Future Orders may be rejected: (i) due to network shortages and/or technical reasons, (ii) in case there are not enough Digital Assets on the Exchanges, (iii) if the amount of Digital Assets in your Futures Wallet is insufficient to execute Futures Orders, in case of pending Stop Loss Orders or Take Profit Orders, or (iv) for the purpose of liquidating the necessary amount of Digital Assets to rebalance your Nexo Crypto Credit in accordance with Exhibit II, if applicable.

11. We may, at our sole and absolute discretion, reverse or adjust any executed Futures Order in case of an error in the Entry Price or Exit Price, which deviates from the prevailing market price and which has occurred as a result of a system or technical error detected by Nexo, regardless of the reason for such, or significant change of the estimated price during the processing of the Futures Order. In case of reversal, the Futures Order will be reversed, respectively the proceeds thereof will be withdrawn from your Nexo Account, and the Collateral will be released and no longer be treated as such for the purpose of the relevant Nexo Crypto Credit, as the case may be and to the extent applicable. In case of adjustment, the Futures Order, respectively the proceeds thereof, will be adjusted accordingly in your Nexo Account, or if such proceeds are not available, other available Digital Assets in your Nexo Account will be debited accordingly therefrom. In case of reversals or adjustments of Futures Orders under this article, the Nexo Crypto Credit granted in accordance with Art. II.5. and II.6. hereinabove for the purpose thereof will be reversed, respectively adjusted, accordingly.

12. If a Nexo Crypto Credit is granted for opening a Futures Contract, Exhibit VII shall apply accordingly, while in case of any discrepancy between Exhibit II and Exhibit VII, the latter shall prevail.

Exhibit VIII - Nexo Dual Investment Product

I. INTRODUCTION

1. This Exhibit incorporates by reference and supplements the Nexo Terms of Service (“Terms”) as if the entirety of the Terms were set forth in this Exhibit. Capitalised terms used but not defined in this Exhibit have the meanings given to them in the Terms. In the event of a conflict between the Terms and this Exhibit, the terms of this Exhibit shall prevail.

2. The Terms and this Exhibit (both “Agreement”) govern your use of the Nexo Dual Investment Product. Nexo shall reserve its right to amend or supplement the Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Nexo Platform unless otherwise indicated. You shall regularly check the Nexo Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Nexo Dual Investment Product without notice. By continuing to use the Nexo Dual Investment Product after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Exhibit and the changes to the Nexo Dual Investment Product. If you do not wish to be bound by any amendments or supplements to this Exhibit, you shall discontinue your use of the Nexo Dual Investment Product immediately.

3. Nexo may use one or more service provider(s) to facilitate the Nexo Dual Investment Product, in which case you acknowledge and agree that your authorisation and instruction extend to such service provider(s).

II. SPECIFIC FEATURES OF THE NEXO DUAL INVESTMENT PRODUCT

1. The Nexo Dual Investment Product combines the features of the Nexo Earn Interest Product and the Nexo Exchange Service, where the execution of the Exchange Transaction is postponed until the chosen by the Client Settlement Date and subject to the Settlement Price correlation to the Target Price being met, as indicated hereinbelow and within the limitations on the Nexo Platform. The Client continues to earn Interest, for the duration of the Subscription Period, in accordance with Exhibit III. Earn in NEXO Tokens functionality will not apply to the Nexo Dual Investment Product.

2. You may, upon your instruction to Nexo, execute a Dual Investment Subscription by selecting the Subscription Currency you wish to sell or buy, the Target Price and the Settlement Date before you place a Dual Investment Subscription with Nexo, choosing among the following options:

2.1. Sell High Strategy - Dual Investment Subscription whereby you instruct Nexo to sell the Subscription Currency on the Settlement Date if the Settlement Price is higher than or equal to the Target Price;

2.2. Buy Low Strategy - Dual Investment Subscription whereby you instruct Nexo to buy the Settlement Currency on the Settlement Date if the Settlement Price is lower than or equal to the Target Price.

3. In case the Settlement Price reaches the Target Price chosen by you on the Settlement Date, Nexo will proceed to execute an Exchange Transaction at the Target Price, using the Subscription Currency as a Base Asset, and the proceeds thereof, namely the Settlement Currency, together with the accrued Interest, will be topped up into your Savings Wallet. In case the Settlement Price does not reach the Target Price chosen by you on the Settlement Date, an Exchange Transaction shall not be executed, and the Subscription Currency, together with the accrued in-kind Interest, will be topped up into your Savings Wallet.

4. You may have more than one pending Dual Investment Subscriptions, either for selling or buying, for the same Subscription Currency. Once Nexo confirms your Dual Investment Subscription, the Subscription Currency will be deducted from your Nexo Account, and you will not be able to withdraw or dispose of it in any manner until the Settlement Date.

5. You may only use the Nexo Dual Investment Product within the limits, for the Digital Assets, and under the conditions, as indicated in this Exhibit, on the Nexo Platform and in the Nexo Account, which are subject to revision from time to time at our sole and absolute discretion.

6. You cannot reverse any Dual Investment Subscription once you have provided the relevant instructions to Nexo, as indicated in Art. V.7. of the Terms.

7. Exhibit I and Exhibit III shall apply accordingly for any matter concerning the Nexo Earn Interest Product and execution of an Exchange Transaction, while in case of any discrepancy between this Exhibit VII and Exhibit I and/or Exhibit III, this Exhibit VII shall prevail.

Exhibit IX - Nexo Loyalty Program

I. INTRODUCTION

1. This Exhibit incorporates by reference and supplements the Nexo Terms of Service (“Terms”) as if the entirety of the Terms were set forth in this Exhibit. Capitalised terms used but not defined in this Exhibit have the meanings given to them in the Terms. In the event of a conflict between the Terms and this Exhibit, the terms of this Exhibit shall prevail.

2. The Terms and this Exhibit (both “Agreement”) govern your use of the Nexo Loyalty Program. Nexo shall reserve its right to amend or supplement the Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Nexo Platform unless otherwise indicated. You shall regularly check the Nexo Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Nexo Loyalty Program, without notice. By continuing to use the Nexo Loyalty Program after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Exhibit and the changes to the Nexo Loyalty Program. If you do not wish to be bound by any amendments or supplements to this Exhibit, you shall discontinue your use of the Nexo Loyalty Program immediately.

II. SPECIFIC FEATURES OF THE NEXO LOYALTY PROGRAM

1. The Nexo Loyalty Program is applicable to all Nexo Services or part of them, as indicated on the Nexo Platform.

2. The loyalty levels and any preferential terms based thereon, including but not limited to Interest, cashback, bonuses, and other types of rewards, applicable from time to time, depend on the ratio of NEXO Tokens to all other Digital Assets in the Portfolio Balance, a minimum Portfolio Balance, and the type of Nexo Service used by the Client, respectively Digital Asset, as the case may be, and may be subject to other conditions Nexo finds appropriate, at its sole and absolute discretion, as indicated on the Nexo Platform.

3. The loyalty level of the relevant Client, respectively the applicable Interest, are dynamically determined throughout each calendar day, while their final determination occurs up to the time of calculation of the Interest for each Nexo Service.

4. Participation in the Nexo Loyalty Program is non-transferable and cannot be sold, gifted, or awarded to any person other than you.

5. Nexo reserves its right to allow the use of additional features of the Nexo Services and/or grant preferential Interest or other terms, apart from the Nexo Loyalty Program, at any time, as part of marketing campaigns or otherwise, at its sole and absolute discretion, regardless of whether they are related to the availability of NEXO Tokens in the Clients’ Nexo Accounts. Such can be applicable together with the Nexo Loyalty Program or on a separate basis.

6. Certain loyalty levels may grant Clients access to additional metrics, market insight, and analytics tools (e.g. a real-time analytics tool), delivered partially or entirely by a third-party service provider and integrated into the Nexo Platform. Such tools are provided “as is'' and are subject to the risks under Art. IX.3.1.4. and IX.6. of the Terms.

Exhibit X - Nexo Referral Program

I. INTRODUCTION

1. This Exhibit incorporates by reference and supplements the Nexo Terms of Service (“Terms”) as if the entirety of the Terms were set forth in this Exhibit. Capitalised terms used but not defined in this Exhibit have the meanings given to them in the Terms. In the event of a conflict between the Terms and this Exhibit, the terms of this Exhibit shall prevail.

2. The Terms and this Exhibit (both “Agreement”) govern your use of the Nexo Referral Program. Nexo shall reserve its right to amend or supplement the Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Nexo Platform unless otherwise indicated. You shall regularly check the Nexo Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Nexo Referral Program, including but not limited to change the eligibility criteria for participation, the benefits and their granting, etc., without notice. By continuing to use the Nexo Referral Program after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Exhibit and the changes to the Nexo Referral Program. If you do not wish to be bound by any amendments or supplements to this Exhibit, you shall discontinue your use of the Nexo Referral Program immediately.

II. SPECIFIC FEATURES OF THE NEXO REFERRAL PROGRAM

1. The Nexo Referral Program is applicable to all Clients referring new Clients to Nexo, who have not previously opened Nexo Accounts (“Referred Clients”), subject to the terms and conditions stipulated herein, governing the relevant Nexo Service (if and to the extent applicable), as well as on the Nexo Platform.

2. The eligibility for participation in the Nexo Referral Program, the type, amount, and manner of granting of benefits, the type of Digital Assets and/or the Nexo Service used or to be used by the relevant Client or Referred Client, the limits regarding the number of Referred Clients or the amount of benefits a Client may refer, respectively receive, if any, are indicated on the Nexo Platform.

3. Participation in the Nexo Referral Program is non-transferable and cannot be sold, gifted, or awarded to any person other than you.

4. By participating in the Nexo Referral Program, you expressly acknowledge that this participation is entirely voluntary and unsolicited, and any actions undertaken in this regard are solely at your discretion and responsibility.

¹ These Terms are effective as of January 23, 2025 for Clients who open a Nexo Account on or after that date.