Globa User Agreement Last Updated: 17 September 2021

This is an agreement between Globa ("Globa", "we", "us", or "our") a company registered in England and Wales under registration 09760187 and you (together with Globa, the "Parties" and each a "Party"). By using any Globa Wallet service, whether through Globa, any associated website, API, or mobile application, you agree that you have read, understood, and accept all of the terms and conditions contained herein (the "User Agreement").

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. IF YOU ARE A US PERSON AND WE CANNOT RESOLVE A DISPUTE THROUGH OUR USER OPERATIONS TEAM, ALL DISPUTES ARISING UNDER THIS USER AGREEMENT SHALL BE SETTLED IN BINDING ARBITRATION AS SET FORTH IN SECTION 15. ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.

Important note: The products and services of Globa Wallet are not within the jurisdiction of the UK Financial Ombudsman Service nor subject to protection under the UK Financial Services Compensation Scheme.

1.   GENERAL USE

1. 1.1   Eligibility
   
   

   By using the Globa Wallet Site and entering into this User Agreement, you affirm that you are an individual, at least 18 years of age or older, have the capacity to enter into this User Agreement and agree to be legally bound by the terms and conditions of this User Agreement, including the Cookie Policy, the Privacy Policy and the Trading Principles as incorporated herein, as amended from time to time. In order to use the Services, you may be required to provide certain identifying information pursuant to our Compliance Program.

2. 1.2   Modification
   
   1.2.1   We may change the terms of this User Agreement at any time. Any such changes shall take effect when posted on the Globa Wallet Site, or when you use the Services. If you have supplied us with an email address, we shall also attempt to notify you by email of changes to this User Agreement. If you disagree with any changes to this User Agreement, contact us.
   
   1.2.2   It is your responsibility to update your contact information, including but not limited to the email address provided to us (if any); failure to do so may result in you not receiving notice of any such changes to the User Agreement.
   
   1.2.3   Read the User Agreement carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement. Our failure or delay in enforcing or partially enforcing any provision of this User Agreement shall not be construed as a waiver of any of our rights.

2.   DEFINITIONS

Airdrop Program means the provision of virtual currency by Globa Wallet at no cost and on the terms set forth in Section 8.

API means application programming interface, is not a Service and is governed by a separate agreement.

Globa Wallet Exchange means the electronic trade execution system provided by Globa Wallet that is used for trading Virtual Currency on the terms set forth in Section 9.

Globa Wallet Group means the Globa Wallet group of companies under the common control of Globa-Wallet Luxembourg S.A.

Globa Wallet Site means the webpages and information available via Globa Wallet and any Globa Wallet mobile application.

Compliance Program means the requirements set by Globa Wallet for collecting, verifying, recording and reporting information about you, upon first accessing certain Services and on an ongoing basis, whether for our business risk-management purposes or to comply with legal requirements applicable to us.

Fork means a change to the underlying protocol of a Virtual Currency network that results in more than one version of a Virtual Currency, the result of which may be one or more versions that are not supported by Globa-Wallet.com.

Lockbox means the electronic hardware key management device supported by the Wallet but provided by a third party as set forth in Section 7.

Services means one or more of the following services offered or provided by Globa Wallet via website or local application (mobile, desktop, or otherwise), including the Wallet, the Trading Account, Lockbox, Swap, the Airdrop Program, Globa Wallet Site, and Globa Wallet Exchange.

Swap means the noncustodial conversion service provided by Globa Wallet that allows you to exchange one virtual currency for another virtual currency or f or fiat currency on the terms set forth in Section 6.

Trading Account means the functionality within the Wallet that permits you to buy and hold Virtual Currency on a custodial basis with Globa-Wallet.com.

User Account means an account (where applicable, in your name) kept by Globa Wallet for Globa Wallet Exchange, the Airdrop Program, Swap and the Trading Account. For the avoidance of doubt, no User Account is associated with a Wallet unless the Wallet is linked to one of the foregoing Services or Globa-Wallet.com's Interest Account.

Virtual Currency means a cryptocurrency, digital currency, digital asset, cryptoasset or other such similar term describing, for example, Bitcoin or Ether but does not include a derivative of a virtual currency, or a security, as defined under applicable law.

Wallet means the wallet software published by Globa-Wallet Luxembourg S.A., consisting of software that permits you to self-custody virtual currency, organise network addresses, view transaction history and transact in virtual currencies as set forth in Section 5.

3.   COMPLIANCE WITH APPLICABLE LAW

Your relationship with Globa Wallet and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (Applicable Law). By entering into this User Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law.

4.   ACCESSING THE SERVICES

1. 4.1   Limited Licence
   
   We grant you a limited, nonexclusive, non-transferable licence to access and use the Services and the Globa Wallet Site solely in accordance with the terms of this Agreement.
2. 4.2   Credentials
   
   You must keep secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that Globa Wallet shall not be held responsible (and you shall not hold us responsible) for any unauthorised access to the Services or any resulting harm you may suffer.
3. 4.3   Compliance
   
   Your access to one or more Services may be contingent upon satisfaction of our onboarding processes as well as our Compliance Program, which may include verification of your identity and source of funds, and additional information we may request from time-to-time. The information we request may include, without limitation, personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us you represent that it is accurate and agree to update your User Account information promptly, but in no event later than 14 days following any change in your information. Failure to provide information or update it promptly may r esult in Services or funds being unavailable to you.
4. 4.4   Communications
   
   Any and all communications from Globa Wallet may be provided to you via electronic mail at the address you provided when accessing the Services. Globa Wallet shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement or your use of Services so long as such notice is provided to such email address. Globa Wallet may also communicate with you through other methods, including via telephone call, instant messaging or chat applications either operated by Globa Wallet or a third party.
5. 4.5   Termination
   
   We may close, terminate, enable or disable any or all of the Services, your User Account or your access to the Services at any time and for any reason. You may close your User Account at any time and for any reason. Depending on the Services available to you in your User Account, we may require you to take certain actions in order to complete a pending transaction or provide additional information prior to closing such User Account. You are solely responsible for any fees already incurred or associated with the closing of your User Account, whether incurred directly by you from Globa-Wallet.com, or incurred by Globa Wallet on your behalf with a third party in order to complete any such action. Closing your User Account may not result in the deletion of information we hold about you or your activity.

5.   THE WALLET

1. 5.1   Description
   
   5.1.1   The Wallet (also known as the “Private Key Wallet”) is provided to you exclusively by Globa-Wallet Luxembourg S.A. The Wallet is only capable of supporting certain Virtual Currencies. Under no circumstances should you attempt to store Virtual Currencies in your Wallet that the Wallet does not support.
   
   5.1.2   When you create a Wallet, the Wallet software generates a cryptographic wallet address that you may use to send and receive any supported Virtual Currency via the relevant Virtual Currency network. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access Virtual Currency previously accessed using your Wallet in the event that we discontinue or no longer offer some or all of the Services or may otherwise lose access to Virtual Currency. We are not responsible for maintaining this data on your behalf.
   
   
2. 5.2   Trading Account
   
   5.2.1   General
   
   Any Virtual Currency you purchase using fiat currency in the Wallet will be held in the Trading Account. All Virtual Currency held in your Trading Account will be held on trust by Trading.com for your benefit on a custodial basis. Among other things, this means that:
   1. (a)   Title to the Virtual Currency shall at all times remain with you and shall not transfer to any company in the Globa Wallet Group. As the owner of Virtual Currency in your Trading Account, you shall bear all risk of loss of such Virtual Currency. Globa Wallet shall not have any liability for fluctuations in the fiat currency value of Virtual Currency held in your Trading Account.
   2. (b)   None of the Virtual Currencies in your Trading Account are the property of, or shall or may be loaned to, Globa-Wallet.com; Globa Wallet does not represent or treat assets in a user’s Trading Account as belonging to Globa-Wallet.com. Globa Wallet may not grant a security interest in the Virtual Currency held in your Trading Account. Except as required by a facially valid court order, or except as provided herein, Globa Wallet will not sell, transfer, loan, hypothecate, pledge or otherwise alienate Virtual Currency in your Trading Account unless instructed by you or compelled by a court of competent jurisdiction to do so.
   3. (c)   You control the Virtual Currency held in your Trading Account. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Virtual Currency by sending it to a different Globa-Wallet address controlled by you or a third party. In the event you wish to transfer Virtual Currency into the Wallet, you may be prompted to set up a backup phrase in order to do so.
   4. (d)   In order to more securely custody assets, Globa Wallet may use shared Globa-Wallet addresses, controlled by a member of the Globa Wallet Group, to hold Virtual Currencies held on behalf of customers and/or held on behalf of Globa-Wallet.com. Your Virtual Currency is segregated from the Globa Wallet Group’s own Virtual Currency by way of separate ledger accounting entries for customer and Globa Wallet Group accounts. Notwithstanding the foregoing, although we maintain separate ledger accounting entries for customer and Globa Wallet accounts, no member of the Globa Wallet Group shall have any obligation to segregate by Globa-Wallet address Virtual Currencies owned by you from Virtual Currencies owned by other customers or by any member of the Globa Wallet Group.
   5. (e)   We may store any Virtual Currency you deposit for use on Globa Wallet Exchange in a “hot wallet”, “cold wallet” or other storage method in our sole discretion.
   The Trading Account will be exclusively provided by Globa Wallet for all non-US users and Globa-Wallet.com, Inc. for US-based users.
   
   5.2.2   Minimum Holding Periods
   
   When you place purchase orders in the Trading Account, we may impose minimum holding periods in respect of any Virtual Currency that you have purchased which may last up to a maximum of 7 days. These minimum holding periods are necessary to enable us to carry out effective fraud prevention measures and to ensure that the fiat currency leg of any given transaction has settled. After this minimum holding period elapses, you may trade your Virtual Currency in the ordinary way.
   
   5.2.3   No Cancellation
   
   You may not cancel, reverse or change any transaction in the Trading Account. We may suspend, delay, redirect, reverse or cancel any transaction at any time and for any reason. For example, and without limitation, we may do so if we suspect any risk of fraud, crime, breach of this User Agreement, or illicit activity. You will bear the costs of any network fees charged in respect of such suspension, delay, redirection, reversal or cancellation.
   
   5.2.4   Transaction Limitation
   
   We may implement transaction limits in the Trading Account. These may vary based on a variety of factors, including, without limitation, the time of your transaction, your location, the Virtual Currency purchased, and the Virtual Currency sold. We implement, raise and lower transaction limits in the Trading Account in our sole discretion.
   
   5.2.5   Reversals of payment instructions and/or negative balances
   If you reverse a payment instruction initiated with your bank, payment services provider or equivalent or part of a transaction fails for any reason which results in your Trading Account having a negative balance, we may liquidate any assets held in any account you hold with us (including the User Accounts) to offset and reduce the negative balance. You remain fully responsible for settling the balance and we may engage debt collectors to pursue any outstanding debt on our behalf.
   
   5.2.6   Treatment of Algos
   
   When you hold Algos in your Trading Account, you will not receive any Algo staking rewards in respect of your Trading Account balance. You may receive awards in the future.
   
   
3. 5.3   Risk Disclosures Relating to the Wallet
   
   5.3.1   In order to be completed, any Virtual Currency transaction created with the Wallet must be confirmed and recorded in the Virtual Currency ledger associated with the relevant Virtual Currency network. Such networks are decentralised, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by Globa-Wallet.com.
   
   5.3.2   Globa Wallet has no control over any Virtual Currency network and therefore cannot and does not ensure that any transaction details you submit via our Services will be confirmed on the relevant Virtual Currency network. The transaction details you submit via our Services may not be completed, or may be substantially delayed, by the Virtual Currency network used to process the transaction. We do not guarantee that the Wallet can transfer title or right in any Virtual Currency or make any warranties whatsoever with regard to title.
   
   5.3.3   Once transaction details have been submitted to a Virtual Currency network, we cannot assist you to cancel or otherwise modify your transaction or transaction details. Globa Wallet has no control over any Virtual Currency network and does not have the ability to facilitate any cancellation or modification requests.
   
   
4. 5.4   Forks
   
   In the event of a Fork or other network disruption, Globa Wallet may not be able to support activity related to your Virtual Currency. In the event of a Fork, the transactions may not be completed, completed partially, incorrectly completed, or substantially delayed. Globa Wallet is not responsible for any loss incurred by you caused in whole or in part, directly or indirectly, by a Fork or other network disruption.
5. 5.5   No Password Retrieval
   
   5.5.1   With respect to the Wallet, Globa Wallet does not receive or store your Wallet password, nor any keys, network addresses or transaction history. We cannot assist you with Wallet password retrieval. You are solely responsible for remembering, storing and keeping secret your Wallet password. Any Virtual Currency you have associated with such Wallet may become inaccessible if you do not know or keep secret your Wallet password. Any third party with knowledge of one or more of your credentials (including, without limitation, a backup phrase, wallet identifier or password) can dispose of Virtual Currency in your Wallet.
   
   5.5.2   When you create a Wallet, you must: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) protect and keep secret all credentials for the Wallet; (d) protect access to your device and your Wallet; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet; and (f) use the backup functionality provided through the Wallet and safeguard your backup files. You agree to take responsibility for all activities that occur with your Wallet and accept all risks of any authorised or unauthorised access to your Wallet, to the maximum extent permitted by law.
   
   
6. 5.6   Fees
   
   Globa Wallet does not currently charge a fee for the Wallet receiving, sending or controlling Virtual Currency. However, we reserve the right to do so in the future, and in such case shall display to you any applicable fees prior to you incurring the fee. Network fees (including, without limitation “miner’s fees”) required to use a Virtual Currency network may apply to a transaction. We may attempt to calculate such a fee for you. Our calculation may not be sufficient, or it may be excessive. You may select a greater or lesser fee. You are solely responsible for selecting and paying any such fee and Globa Wallet shall neither advance nor fund such a fee on your behalf, nor be responsible for any excess or insufficient fee calculation