Terms & Conditions

Terms & Conditions | Fractal 3 Ltd and Intikemp S.p.z.o.o.

Terms & Conditions – Fractal 3 Ltd & Intikemp S.p.z.o.o

Effective date: October 17, 2024

Welcome, and thank you for your interest in Fractal 3 Ltd and Intikemp S.p.z.o.o (“Intikemp”, “we,” or “us”). Together, these entities, comprising Fractal 3 Ltd (a UK company) and Intikemp S.p.z.o.o (a Polish-regulated entity), provide services through our related websites, hosted applications, and other offerings (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Fractal 3 Ltd and Intikemp S.p.z.o.o regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING INTIKEMP’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND INTIKEMP’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY INTIKEMP AND BY YOU TO BE BOUND BY THESE TERMS.

BY CLICKING "I ACCEPT," OR BY ACCESSING OR USING THE SERVICES PROVIDED BY INTIKEMP, YOU ACKNOWLEDGE AND AGREE THAT INTIKEMP OPERATES SOLELY AS A PAYMENT ORCHESTRATION PLATFORM AND DOES NOT HOLD OR TAKE CUSTODY OF ANY FUNDS. WE RELY ON THIRD-PARTY SERVICE PROVIDERS ("DELIVERY PARTNERS") TO FACILITATE THE SECURE PROCESSING AND MOVEMENT OF PAYMENTS. THESE DELIVERY PARTNERS ARE FULLY RESPONSIBLE FOR THE CUSTODY, SECURITY, AND TRANSFER OF YOUR FUNDS DURING THE PAYMENT PROCESS. ARBITRATION NOTICE. BY ACCEPTING THESE TERMS, YOU AND INTIKEMP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Intikemp Services Intikemp serves businesses ("Partners") rather than offering services directly to the public. These Partners utilize Intikemp to enable fiat and crypto payment solutions for their customers ("End Users"). Intikemp’s versatile platform supports multiple use cases, including onramps, offramps, cross-chain transfers, swaps, and liquidation addresses, providing a comprehensive payment infrastructure for crypto and fiat transactions.

• Onramps allow End Users to convert Fiat into Crypto by transferring funds to a specified bank account and receiving Crypto at a generated deposit address.

• Offramps enable the reverse, where End Users convert Crypto to Fiat by transferring Crypto to a designated deposit address, with the Destination Amount being sent to a specified bank account ("Destination Bank").

• Transfers, including cross-chain and swaps, enable seamless movement of Crypto across different blockchains and stablecoins, ensuring assets are transferred to the appropriate network or converted as necessary.

• Liquidation addresses facilitate the liquidation of Crypto assets into Fiat or other forms of Crypto, providing Partners with flexible options for asset management.

For example, when an Offramp is initiated, a Partner notifies Intikemp that an End User wishes to receive a specific Fiat amount ("Destination Amount") in a specified bank account. Intikemp generates a "Deposit Address," a cryptocurrency wallet address, where the End User transfers the required Crypto. An "Exchange Rate" is provided, detailing the amount of Crypto necessary to fulfil the Destination Amount.

If the transaction involves cross-chain transfers or stablecoin swaps, Intikemp facilitates the conversion and transfer of the assets to ensure they are delivered on the appropriate blockchain. Upon receiving the deposit, Intikemp assesses the transaction based on risk factors and may choose to accept or reject it. If accepted, Intikemp processes the delivery of the Destination Amount to the Destination Bank or Destination Wallet.

Transfer Rejection.

Intikemp reserves the right to reject a transfer request either before or after the transfer of Crypto to the Deposit Address. Rejection may occur for various reasons, including but not limited to: significant changes in the underlying value of the Fiat or Crypto currency, delays in completing the Crypto deposit after the Offramp creation, suspicions regarding the identity of the sender or recipient, or concerns over the nature of the transaction. Additionally, in compliance with requests from the General Inspector of Financial Information (GIIF) and Financial Intelligence Unit (FIU), Crypto may be held indefinitely for investigation. In all other cases, rejected Crypto will be promptly returned to the originating address.

Cancellations and Errors.

Once a transfer is fulfilled, it cannot be cancelled. You are solely responsible for monitoring your account for any errors or potentially fraudulent activity and hereby waive your right to dispute a transfer. It is your responsibility, as a Partner or End User, to submit accurate and appropriate information when initiating a transfer. If a Partner creates a transfer on behalf of an End User using incorrect details, remediation actions are the sole responsibility of the Partner.

Eligibility.

You must be at least 18 years old to use the Intikemp Service. By accepting these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not been previously suspended or removed from the Service; (c) your registration and use of the Service complies with all applicable laws and regulations; and (d) you provide accurate information during our KYC/KYB process. If your identity or activity is found to be connected with a prohibited jurisdiction or otherwise ineligible, Intikemp may terminate your account and prevent re-access to the Service.

Ongoing monitoring. As a regulated service, Intikemp continuously monitors your account's activity to ensure compliance with applicable legal standards, including our Anti-Money Laundering (AML) Compliance Program, to prevent financial crimes & other prohibited activities.

Accounts and Registration. To create an account with Intikemp, you must provide basic information, including your legal name, email address, phone number, and country of residence. For initiating fiat payouts, you must complete a comprehensive KYC/KYB process, which requires additional documentation such as government ID, proof of address, and proof of business establishment. You agree to provide accurate, complete, and up-to-date information at all times and are solely responsible for maintaining the confidentiality of your account. If you suspect unauthorized use of your account, you must notify us immediately at [e-mail]

Account Closure. You may close your account at any time unless it is suspected that you are doing so to evade an investigation. Except for cases of criminal suspicion, we will complete any outstanding transactions before closing your account. Intikemp reserves the right to reject, suspend, or terminate your account if you violate applicable laws or any portion of these Terms. General Payment Terms. Certain features of the Intikemp Service require fees. Before you pay any fees, you will have the opportunity to review and accept the fees charged. All fees are denominated in EUR, USD or USDC and are non-refundable unless otherwise stated in these Terms. Price. Intikemp reserves the right to determine pricing for the Service and will provide notice of any fee changes before they take effect. Authorization. You authorize Intikemp to charge sums based on transactions and applicable fees. Payments may be charged through monthly invoices or deducted from transactions. Delinquent Accounts. Intikemp may suspend or terminate access to the Service for unpaid amounts. Delinquent accounts may also be charged additional fees for collection or chargebacks. Limitation of responsibility. Fractal 3 Ltd and Intikemp S.p.z.o.o (collectively, “Intikemp”) are not responsible for the security, performance, or reliability of technology, including the systems of their Delivery Partners or public blockchain networks. Additionally, Intikemp is not liable for fluctuations in the value of Crypto or Fiat currencies and does not guarantee protection against such risks.

Downtime. Intikemp strives to provide a reliable service but may occasionally experience Downtime due to factors outside of its control, such as third-party service interruptions. Intikemp is not liable for any inconvenience or losses resulting from service Downtime.

Licences.

Limited License. Subject to ongoing compliance, Intikemp grants you a non-exclusive, non-transferable, revocable license to access and use the API for the Service.

License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Intikemp an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

Ownership; Proprietary Rights.

The Service is owned and operated by Intikemp. Any visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Intikemp (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Intikemp or its third-party licensors. Except as expressly authorized by Intikemp, you may not make use of the Materials. There are no implied licenses in these Terms and Intikemp reserves all rights to the Materials not granted expressly in these Terms.

Taxes. We do not provide tax or legal advice. The Partner or End User of the Intikemp service assumes full responsibility to ensuring they are in good standing with the tax authorities of their jurisdiction.

Third-Party Terms.

Third-Party Services and Linked Websites. Intikemp may provide tools through the Service that enable you to export information, including User identity information, to third-party services, including services similar to our operating in other jurisdictions. By using one of these tools, you hereby authorize Intikemp to transfer that information to the applicable third-party service. Third-party services are not under Intikemp’s control, and, to the fullest extent permitted by law, Intikemp is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Intikemp’s control, and Intikemp is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services.

Communications.

Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Prohibited Usage. BY USING THE SERVICE, YOU AGREE NOT TO:

1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

2. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing local tax or payment regulations;

3. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Intikemp;

4. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;

7. attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section;

8. utilise the Intikemp service in a prohibited jurisdiction or in a manner that is contrary to the laws of that jurisdiction;

9. utilise the Intikemp service to undertake or enable by you or any third party: unlawful or abusive activity, unlawful gambling, intellectual property infringement, investment or credit services, check cashing, bail bonds, debt collection, counterfeit or unauthorized goods, drugs, drug paraphernalia, substances that imitate illegal drugs, fraud, adult content and services, multi-level marketing, unfair, predatory or deceptive practices, and any business that Intikemp believes poses elevated financial risk, legal liability, or threat (financial or otherwise) to our Delivery Partners. We reserve the right to update this list at any time and enforce it retroactively.

Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service.

Term, Termination, and Modification of the Service.

Term. These Terms are effective beginning when you accept the Terms or first access, or use the Service, and ending when terminated.

Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Intikemp may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at [e-mail]

Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Intikemp any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination will survive. You are solely responsible for retaining copies of any information you Post to the Service since upon termination of your account, you may lose access rights to any information Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

Modification of the Service. Intikemp reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Intikemp will have no liability for any change to the free functionalities of the Service or any suspension or termination of your access to or use of the Service. Should Intikemp materially modify or discontinue all or any portion of any paid-for functionality, you are entitled to receive a pro-rata refund of the unused fees applicable to such materially modified or discontinued functionality. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service. INDEMNITY.

Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Intikemp, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Intikemp S.p.z.o.o”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with:

(1) your unauthorized use of, or misuse of, the Service;

(2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

(3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;

or (4) any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE INTIKEMP S.P.Z.O.O ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE SUM OF ANY UNFULFILLED TRANSFERS THAT ARE NOT BEING HELD ON INSTRUCTION OF THE GENERAL INSPECTOR OF FINANCIAL INFORMATION (GIIF) AND FINANCIAL INTELLIGENCE UNIT (FIU).

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

RISK PROVISIONS FOR USDC AND EURC TRANSFERS.

ACKNOWLEDGMENT OF USDC & EURC RISKS By using our Service for transfers involving USDC (USD Coin) or EURC (Euro Coin), you explicitly acknowledge and agree to the following terms, fully assuming all risks and waiving any claims against Fractal 3 Ltd and Intikemp Spzoo (collectively, "Intikemp"):

1. Regulatory Uncertainty: While USDC and EURC are issued by regulated financial institutions (primarily Circle), their compliance with future regulatory frameworks, including the Markets in Crypto-Assets Regulation (MiCA) in the European Union and other global regulations, is not guaranteed. By engaging in transactions involving USDC or EURC, you accept the potential exposure to regulatory risks, including enforcement actions, restrictions, or penalties.

2. Volatility and Stability Risks: Although USDC aims to maintain a 1:1 peg with the US dollar, and EURC aims to maintain a 1:1 peg with the Euro, the value of these stablecoins is not guaranteed. You fully accept the risk of potential loss due to market volatility, technical issues, or any de-pegging events that could result in a reduction or complete loss of the value of your USDC or EURC holdings.

3. Counterparty Risk: USDC and EURC are issued and controlled by third-party institutions, primarily Circle. You acknowledge that Intikemp does not control or manage USDC or EURC reserves or the redemption process. In the event of insolvency, failure to honor redemptions, or inability to maintain the peg to the US dollar or Euro, you bear all risks associated with such occurrences, including the potential loss of your USDC or EURC.

4. Transaction Finality: USDC and EURC transactions are processed on public blockchain networks and may be subject to delays or disruptions due to network congestion, technical issues, or other factors beyond Intikemp’s control. Once initiated, USDC and EURC transactions are typically irreversible, and Intikemp is not responsible for any losses or issues arising from failed, delayed, or erroneous transfers.

5. Legal and Regulatory Changes: The legal and regulatory status of USDC and EURC may change in the future. You accept all risks related to future changes in legislation or regulatory frameworks that may affect the legality, usability, or value of USDC or EURC, including potential restrictions or prohibitions on their use.

6. Full Risk Acceptance: By using USDC or EURC, you acknowledge the possibility of losing the entire value of your holdings due to market conditions, issuer insolvency, or regulatory actions. Intikemp is not responsible for any losses incurred due to the fluctuation in USDC or EURC’s value, including but not limited to a potential total loss of funds.

7. No Guarantees or Warranties: Intikemp does not guarantee or warrant the stability, liquidity, or security of USDC or EURC. You are solely responsible for conducting due diligence and making informed decisions regarding USDC or EURC. Any reliance on USDC or EURC’s peg to the US dollar or Euro, or on the financial health of their issuer, is at your own risk.

ASSUMPTION OF RISK By proceeding with any transaction involving USDC or EURC, you expressly assume all risks associated with their use, including the complete loss of funds. You agree that Intikemp has no liability for any losses, damages, or liabilities arising from your use of USDC or EURC on our platform, whether caused by market conditions, issuer insolvency, regulatory actions, or any other risk factors. INDEMNIFICATION

You agree to indemnify and hold harmless Intikemp, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to your use of USDC or EURC, including but not limited to:

• Any regulatory actions or legal proceedings involving USDC or EURC;

• Any third-party claims regarding your use of USDC or EURC;

• Any losses stemming from USDC or EURC’s failure to maintain their value or from the insolvency or failure of their issuer.

NO ENDORSEMENT OR GUARANTEE

Intikemp’s support for USDC or EURC transactions does not constitute an endorsement of USDC or EURC, nor does it imply that these stablecoins or their issuer are fully compliant with current or future regulations. By using USDC or EURC, you accept full responsibility for assessing the risks associated with their use. Intikemp provides no guarantees regarding USDC or EURC’s compliance with applicable laws or their ability to maintain stability or liquidity.

LIMITATION OF LIABILITY Under no circumstances shall Intikemp be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of USDC or EURC, including but not limited to loss of funds, loss of value, loss of access to funds, or any damages resulting from regulatory actions, issuer failures, or market conditions. Your use of USDC or EURC is entirely at your own risk, and you agree to waive any and all claims against Intikemp related to USDC or EURC.

FINAL AGREEMENT By continuing to use our Service for USDC or EURC transfers, you confirm that you have read, understood, and expressly agree to all risk provisions outlined herein. You acknowledge that you are fully aware of the risks, including the possibility of losing all of your funds, and that you voluntarily assume these risks in their entirety. ACKNOWLEDGMENT OF USDT RISKS

By using our Service for transfers involving USDT (Tether), you expressly acknowledge and agree to the following terms, fully assuming all risks and waiving any claims against Fractal 3 Ltd and Intikemp S.p.z.o.o. (collectively, "Intikemp"):

1. Regulatory Non-Compliance: USDT is not compliant with the Markets in Crypto-Assets Regulation (MiCA) in the European Union and may not be compliant with other regulatory frameworks globally. By engaging in any transaction involving USDT, you understand and accept the potential exposure to additional financial, legal and regulatory risks.

2. Volatility and Stability Risks: USDT is not guaranteed to maintain its value or stability. You fully accept the risk of potential loss due to market volatility, de-pegging from the US dollar, or issues with the underlying reserves backing USDT. You acknowledge that market conditions or actions by USDT’s issuer could result in the complete loss of your funds.

3. Counterparty Risk: USDT is issued and controlled by a third-party company. You acknowledge that Intikemp does not control or manage USDT’s reserves or redemption process. Should the issuer of USDT become insolvent, fail to honor redemptions, or be otherwise unable to maintain the peg, you understand that you bear all risks associated with such events, including potential losses.

4. Transaction Finality: Transactions involving USDT may be delayed or disrupted due to network congestion, technical issues, or other factors outside of our control. You acknowledge that Intikemp has no responsibility for such delays, and once a USDT transaction is initiated, it may be irreversible, with no ability to cancel or recover funds.

5. Legal and Regulatory Changes: The legal and regulatory status of USDT is subject to change, and future regulations may affect its value, legality, or usability. You accept all risks related to changes in the legal framework governing USDT, including potential prohibitions or restrictions that could impact your ability to use or trade USDT.

6. Full Risk Acceptance: You acknowledge that engaging in any transaction involving USDT carries significant risks, including the potential for the loss of all of your funds. You agree that Intikemp is not responsible for any losses related to the use of USDT, including but not limited to losses resulting from market volatility, technical failures, issuer insolvency, or regulatory actions.

7. No Guarantees or Warranties: Intikemp makes no representations, warranties, or guarantees regarding the security, stability, liquidity, or compliance of USDT. You are solely responsible for conducting your own research and making informed decisions regarding USDT transactions. Any reliance on USDT’s peg to the US dollar or on its issuer’s financial health is at your own risk.

ASSUMPTION OF RISK By proceeding with any transaction involving USDT, you expressly assume all risks associated with its use, including the complete loss of funds. You agree that Intikemp has no liability for any losses, damages, or liabilities arising from your use of USDT on our platform, whether caused by market conditions, regulatory changes, issuer failures, or any other risk factors.

INDEMNIFICATION You agree to indemnify and hold harmless Intikemp, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to your use of USDT, including but not limited to:

• Any regulatory actions or legal proceedings involving USDT;

• Any third-party claims regarding your use of USDT;

• Any losses stemming from the failure of USDT to maintain its value or the insolvency of its issuer.

NO ENDORSEMENT OR GUARANTEE Intikemp’s support for USDT transactions does not constitute an endorsement or recommendation of USDT or its issuer, nor does it imply that USDT is compliant with any applicable regulatory framework. By using USDT, you understand that Intikemp provides no guarantees regarding the security, legality, or future stability of USDT, and you accept full responsibility for assessing the risks associated with its use.

LIMITATION OF LIABILITY Under no circumstances shall Intikemp be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of USDT, including but not limited to loss of funds, loss of value, loss of access to funds, or any damages resulting from regulatory actions, issuer failures, or market conditions. Your use of USDT is entirely at your own risk, and you agree to waive any and all claims against Intikemp related to USDT.

FINAL AGREEMENT By continuing to use our Service for USDT transfers, you confirm that you have read, understood, and expressly agree to all risk provisions outlined herein. You acknowledge that you are fully aware of the risks, including the possibility of losing all of your money, and that you voluntarily assume these risks in their entirety.

Miscellaneous.

General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Intikemp regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the ****use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Governing Law. These Terms are governed by the laws of Poland without regard to conflict of law principles. You and Intikemp submit to the personal and exclusive jurisdiction of the courts of Poland for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from Warsaw, Poland, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

Privacy Policy. Please read the Intikemp Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Intikemp Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Contact Information. The Service is offered by Intikemp S.p.z.o.o, located at Bartycka 22B/21A, 00-716, Warsaw. You may contact us by sending correspondence to that address or by emailing us at [e-mail]