Terms of Service

PLEASE READ CAREFULLY

These Terms constitute a legally binding agreement between you and us. Please read these Terms carefully to ensure that you understand and agree to every portion of these Terms before using any part of the Service. MINE only offers software to interact with multiple third-party blockchains, decentralized protocols, and regulated third-party financial service providers, such as Aave, Ondo Global Markets, Unblock, Chainflip, NEAR, THORChain, 1inch, and Maya Protocol. MINE in no circumstances has influence or power over these third-party services and their functionalities. No additional services other than the software for the interaction with third-party services are offered.

These terms of service (these “Terms” or the “Terms”) issued by EMM Ventures AG, Bahnhofstrasse 11, 6300 Zug, Switzerland (“MINE”, “we”, “our”, or “us”) govern your use or access of: (1) MINE.financial and any other website maintained or published by MINE (each, a “Website”); (2) our mobile application, which allows access to third-party blockchain infrastructure, stablecoin payment rails, decentralized earning protocols, tokenized securities providers, and card services from a mobile device (“App”); provided on or in connection with our service enabling you to interact with those services (the Websites and the App, collectively, the “Service”). By accessing or using any part of the Service you acknowledge that you have read, understood, acknowledge, and agree to be bound by these Terms in full. These Terms apply to any visitor of a Website, user of the Service, and any other person who otherwise accesses or uses the Service (each a “User”). Certain parts of the Service may be subject to additional terms that we may specify from time to time, and your use of such Service is subject to those additional terms. Such additional terms are hereby incorporated into these Terms.

MINE may, in its sole discretion, modify or update these Terms from time to time, so you should review this page periodically. When we change these Terms in a material manner, we will update the date at the top of this page and inform the User timely in advance by an adequate notice of such changes in the App and on the Website. If you do not agree to any such changes, you are entitled to stop using the Service at any time prior to their entry into force. Your continued use of the Services after the changes entered into force constitutes your acceptance of such changes.

MINE does not endorse or recommend any particular digital asset, tokenized security, transaction, purchasing strategy, or yield service. Content on any of the Websites or your communications with any of our personnel should not be construed as purchase, investment, or financial advice. You should seek independent advice prior to using the Service. You acknowledge and represent that all transaction and investment decisions made in connection with your use of the Service are made solely by you and MINE will have no liability for any of your decisions.

The risk of loss in buying, selling, holding, or staking a digital asset, or in acquiring tokenized securities exposure, can be substantial. You should carefully consider whether such activities are suitable for you in light of your financial condition.

a. Eligibility to use the Service

You shall not use the Service unless you are in full compliance with these Terms and all applicable laws. You shall not use any part of the Service if you lack legal capacity to act in relation to MINE. Any use of or access to the Service by anyone under 18 is prohibited. Currently, we do not allow Users residing or present in the following jurisdictions to use the Service: the United Kingdom, the State of New York, the State of Washington, any jurisdiction sanctioned by the United States Treasury’s Office of Foreign Assets Control or any jurisdictions sanctioned by Switzerland (in particular as communicated, controlled and administered by the State Secretariat for Economic Affairs) and/or by the United Nations (in particular the UN Security Council), or any other jurisdiction that we determine to present a high risk of fraud. You shall not use the Service if you reside or are present in one of the jurisdictions listed in the previous sentence.

You acknowledge that individual features of the Service (including card services and tokenized securities) may be subject to additional jurisdictional and eligibility restrictions imposed by the relevant Third-Party Service Provider, which may be narrower than the eligibility criteria above. It is your responsibility to comply with the eligibility criteria of any Third-Party Service you use.

a-bis. Your representations and warranties

Each time you access or use the Service, and on each Transaction, you represent, warrant and undertake to us that: (i) you have full legal capacity and authority to enter into and perform these Terms; (ii) you are the sole legal and beneficial owner of all digital assets you use through the Service and of every sending and receiving address; (iii) all funds and assets you use derive from lawful sources and are not the proceeds of any criminal or unlawful activity; (iv) you are not, and are not acting for the benefit of, any person subject to sanctions administered by the United States, Switzerland, the European Union, the United Kingdom or the United Nations; (v) you are not resident, domiciled, incorporated or present in any excluded jurisdiction and you are not using any means, including any virtual private network or location spoofing, to disguise your location; (vi) you are not a politically exposed person, or where you are, you have disclosed this to us in writing; (vii) your use of the Service complies with every law applicable to you, including tax, securities, exchange control, and anti-money-laundering law; (viii) you possess the knowledge, experience and financial capacity necessary to evaluate and to bear each of the risks described in Section 06; and (ix) all information you provide to us or to any Third-Party Service Provider is true, complete, accurate and current, and you will notify us immediately if it ceases to be.

Each representation in this Section is a condition of your continued access to the Service. If any representation is or becomes untrue, incomplete or misleading, or if we reasonably suspect that it is, we may exercise any right under Section 03(c) or Section 03(c-bis) without notice and without liability of any kind. You are liable to us for all loss, cost, expense and liability arising from any breach of this Section, and Section 14(a) applies.

b. The Service generally

Generally, the purpose of the Service is to allow Users to hold and interact with multiple third-party blockchains, decentralized protocols, and regulated third-party financial service providers (collectively, “Third-Party Services”). These services may include - but are not limited to - Aave (yield), Ondo Global Markets (tokenized securities), Unblock (card and payment services), and decentralized swap providers such as Chainflip, NEAR, THORChain, 1inch, and Maya Protocol. Our Service is strictly non-custodial and functions solely as an interface to access these Third-Party Services. MINE never takes custody of the digital assets used through the Service, and any transaction (a “Transaction”) initiated using the App is conducted between you and the selected Third-Party Service and governed by their applicable terms.

You may be charged a miner or network fee by the relevant blockchain protocol or provider for processing the Transaction on your behalf (a “Miner Fee”). Where a Miner Fee applies and is payable by you, it is disclosed prior to your authorization of each Transaction.

Gasless transactions. Certain Transactions in the App may be offered on a “gasless” basis, meaning that the applicable network fee is sponsored, abstracted, or settled on your behalf by MINE. You acknowledge that gasless functionality is provided on a discretionary basis, may be subject to limits, may be modified, suspended, or discontinued at any time without notice, and that MINE does not warrant the continued availability of gasless Transactions. Where a Transaction is not eligible for gasless processing, the applicable network fee will be disclosed prior to your authorization.

Fees; third-party fees; revenue share. You acknowledge that Transactions may involve (i) network/miner fees (gas), and (ii) fees, spreads, commissions, protocol fees, foreign exchange charges, or other charges imposed by Third-Party Services (including DEX aggregators, lending protocols, tokenized securities issuers, card issuers, program managers, or other providers), all of which may change at any time and are not controlled by MINE. Where displayed in the App, such fee information may be estimated or indicative.

To the extent permitted by applicable law, MINE may (a) charge its own fees for certain features (which will be disclosed in-app prior to your authorisation), and/or (b) receive a revenue share or referral remuneration from third parties in connection with your use of Third-Party Services. Any such remuneration does not imply that MINE controls, operates, endorses, audits, or guarantees the Third-Party Service.

Membership fees. MINE offers optional membership tiers. Where you purchase a paid Membership, you agree to pay the applicable Membership Fee on the terms set out in the MINE Membership Terms. Membership Fees are payable to EMM Ventures AG, are charged as a single non-recurring payment, and do not renew automatically. Membership Fees are separate from and additional to any network fee, Third-Party Service fee, or fee charged by the Card Provider.

MINE may modify or update any portion of the Service at any time. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, revocable license to access and use the Service for lawful purposes in accordance with these Terms. You shall not use any part of the Service for illegal or fraudulent purposes or for the purpose of consummating Transactions on behalf of another person. For the avoidance of doubt, you must be the beneficial owner of the digital assets, the sending address, and the destination address. MINE reserves all rights not expressly granted in these Terms in the Service and the MINE Content (as defined below). MINE may revoke the Service License or any portion of the Service at any time for any or no reason. For the avoidance of doubt, you may stop using our Services at any time for any or no reason.

The Service is made available to both individual and business users. Certain mandatory consumer protection laws may apply depending on your place of residence. Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable mandatory law.

You acknowledge that features offered through the App, including swap routes, earn programs, tokenized securities access, and gamified elements, are experimental and may be modified, suspended, or discontinued at any time without prior notice or liability.

b-bis. Conflicts, remuneration and routing

We act for ourselves. We act solely in our own interest. We may receive fees, spreads, rebates, revenue share, referral remuneration, token allocations or other benefit from any Third-Party Service Provider, in any amount, and may retain all of it without accounting to you. The existence or amount of any such benefit does not create any duty to you and need not be disclosed beyond any disclosure required by law.

Routing and presentation. Where the Service presents, selects, ranks, defaults to or routes to any provider, protocol, asset, quote or route, it may do so by reference to our own commercial interests. We do not undertake to obtain the best available price, rate, route or outcome for you, and we are not liable for any difference between the outcome you obtain and any other outcome that was, or might have been, available to you through any other means.

c. Suspension or termination of the Service

Our discretion. We may, at our sole and absolute discretion, at any time, with or without notice, without stating a reason and without liability: refuse to open, or close, any account; refuse, delay, reverse where technically possible, or decline to facilitate any Transaction; suspend, restrict, limit, modify, degrade, discontinue or withdraw the Service or any feature, digital asset, protocol, integration or Third-Party Service, whether in respect of you individually or in respect of Users generally; impose, vary or remove any limit on Transactions, amounts, frequency or value; require you to cease using the Service; and terminate these Terms. For the avoidance of doubt, you may stop using our Services at any time for any or no reason.

No compensation. You have no right to compensation, damages, refund, credit, restitution or any other remedy in respect of any action taken under this Section, including in respect of any lost opportunity, lost profit, lost yield, missed or delayed Transaction, tax consequence, or change in the value of any digital asset during any period of suspension, restriction or unavailability.

No commitment. Nothing in these Terms obliges us to provide, to continue to provide, to restore, or to support the Service, any feature, any integration or any digital asset. Any indication of future functionality, roadmap, listing, integration or support, however communicated, including in marketing material, social media, community channels or investor material, is an expression of present intention only, is not a representation, warranty or commitment, and may be varied or abandoned at any time without liability.

Downtime; maintenance; updates. The Service may be subject to temporary interruptions, scheduled maintenance, updates, or downtime (including due to third-party outages). MINE does not warrant uninterrupted availability of the Service and shall not be liable (to the fullest extent permitted by law) for losses arising from downtime, including missed Transactions or changes in market conditions during any interruption.

You acknowledge that you may be required to install updates to the App (including security patches). To the fullest extent permitted by law, MINE is not responsible for any damages or losses arising from your failure to update the App or your device software.

Paid Memberships. Where you hold a paid Membership, the rights reserved in this Section 03(c) are subject to Section 13 and to the MINE Membership Terms. If MINE discontinues or materially reduces a Membership Benefit that you have paid for, MINE will give you not less than thirty (30) days’ prior notice and you may terminate your Membership and receive a refund calculated in accordance with the MINE Membership Terms. The expiry of a benefit made available only for a defined period stated at the time of purchase is not a discontinuation or reduction of a Membership Benefit for the purposes of this paragraph.

c-bis. Verification, freeze and information rights

Verification. We may at any time, at our absolute discretion and without stating a reason, require you to provide identity, source of funds, source of wealth, beneficial ownership, tax residence, or any other information or documentation we consider necessary or desirable, whether or not required by law. We may require this before, during or after any Transaction and may repeat any such request at any time.

Freeze. Pending receipt and our satisfactory review of any information requested, or where we suspect any breach of these Terms, any unlawful activity, any risk to us or to other Users, or any circumstance which in our opinion requires investigation, we may suspend, restrict, delay or refuse any part of the Service or any Transaction, in whole or in part, for such period as we consider appropriate, without notice, without stating a reason, and without liability of any kind, including for any change in the value of any digital asset during the period of suspension.

No obligation to explain, no duty to detect. We are under no obligation to disclose to you the reason for any action taken under this Section, and may be prohibited by law from doing so. Nothing in this Section obliges us to conduct any investigation, verification or monitoring, and we owe you no duty to detect or prevent any unlawful act of any person.

d. Third-party integrations

You acknowledge that the Service integrates with multiple third-party services including, but not limited to, Aave, Compass Labs, Ondo Global Markets, Unblock (Atomo Sarl), Chainflip, NEAR, THORChain, 1inch, and Maya Protocol (each a “Third-Party Service Provider”). All services made available through the App are clearly marked with the associated provider where applicable. You have the option to refrain from using a given feature if you do not wish to use the corresponding Third-Party Service Provider.

We do not offer, endorse or assume any responsibility for any Third-Party Service. If you access and/or use a Third-Party Service from within the Service, you acknowledge that: (i) you do so at your own risk; (ii) these Terms apply only to your use of MINE’s Service as an interface; your use of any Third-Party Service is subject to that third party’s terms, fees, risk warnings and privacy policies. MINE’s Privacy Policy continues to apply to MINE’s own processing of personal data (if any), but MINE is not responsible for the third party’s data practices; (iii) you may be required by the third party to agree to additional terms, complete identity verification, or create an account; and (iv) certain Third-Party Services may publish to a public blockchain information you send to them. You shall not hold us liable for any damages or losses you incur related to your use of any Third-Party Service.

Third-party terms; list not exhaustive. Where MINE provides links or references to Third-Party Service Provider terms, such list is for convenience only and may not be complete or up to date. It is your responsibility to review and understand all applicable third-party terms and policies before using any Third-Party Service.

Support boundary. MINE does not provide and does not operate Third-Party Services. MINE may be unable to provide support for issues caused by Third-Party Services. If you have questions or concerns regarding a Third-Party Service, you should contact the relevant third party directly.

Availability and removal. MINE may suspend, remove, or change access to any Third-Party Service at any time, including for security, operational, or legal/regulatory reasons, without liability to the extent permitted by law.

e. Swap functionality

Through our App, you may access asset swap functionality using third-party routing providers and decentralized exchange (DEX) protocols. These currently include, but are not limited to, Chainflip, NEAR, THORChain, 1inch, and Maya Protocol (collectively, “Swap Providers”). These providers facilitate swaps across and within blockchains, and the App acts solely as a non-custodial interface to these services. You expressly acknowledge that:

• We do not own, control, operate, or maintain any of the Swap Providers integrated into the App.
• We are not a party to any transaction or swap executed via these providers.
• We cannot cancel, reverse, or modify any swap transaction once it has been broadcast to the relevant blockchain network.
• Swaps are an advanced feature that can result in loss of funds. You must review in detail all swap information before broadcasting. You are ultimately responsible for all swap activity.

You further agree and understand that:

• You are solely responsible for reviewing the selected Swap Provider’s terms, fees, slippage, and execution logic before authorizing a swap.
• Any network or miner fees associated with a swap, where payable by you, will be disclosed before execution.
• MINE is not liable for failed transactions, downtime, price volatility, smart contract bugs, slippage, or protocol-level risks associated with the Swap Provider.
• By using any of these services, you assume full responsibility and risk for the outcome of the transaction.

We strongly recommend you conduct your own due diligence on the available Swap Providers before using their services through the App.

f. Yield and earn services

By using any “Earn” or “Yield” feature available through the MINE App (collectively, the “Yield Services”), you acknowledge and agree to the following:

Third-party protocols - no control by MINE. All Yield Services are entirely provided and facilitated by third-party protocols not owned or controlled by MINE. MINE does not control, endorse, or assume any responsibility for these third-party services or smart contracts. Your use of any Yield Service through the App is at your own risk and discretion, and is subject to the terms and conditions of the applicable third-party protocol. MINE is not a party to any on-chain yield-generating transaction or agreement; it only provides a user interface for you to interact with independent blockchain networks.

Earn via third-party lending protocols (Compass Labs / Aave). The Yield Services enable you to supply supported digital assets (including USDC) to third-party lending protocols (including but not limited to Aave) using third-party technical infrastructure, integrations, or APIs (including but not limited to Compass Labs). The Earn functionality may therefore involve multiple independent Third-Party Service Providers, including a technical integration provider and an underlying DeFi protocol. MINE acts solely as a non-custodial interface to initiate on-chain interactions with such third parties. MINE does not operate, control, administer, manage, or maintain Compass Labs, Aave, or any related smart contracts, markets, reserves, liquidity pools, governance systems, interest rate models, or risk parameters, and is not a party to any agreement between you and such third parties.

API / integration dependency risk. You acknowledge that certain Yield Services may depend on third-party infrastructure (including but not limited to Compass Labs) to route, construct, simulate, broadcast, monitor, or display transactions and positions. Failures, outages, incorrect data, delays, interruptions, misconfigurations, or security incidents affecting any such third-party infrastructure or the underlying protocol (including but not limited to Aave) may result in failed deposits or withdrawals, incorrect balance displays, inability to access supplied assets, loss of funds, or loss of opportunity including temporary or permanent inability to withdraw supplied assets. MINE is not responsible for any act, omission, malfunction, insolvency, pause, governance action, or security incident of any such third party.

No custody of assets or rewards. MINE is a non-custodial interface. Using Yield Services will typically require you to transfer, delegate, or lock your digital assets into a third-party smart contract or network. At no point does MINE ever take possession of, have access to, or exercise control over your assets or private keys. You retain sole control of your private keys, and any yield rewards are delivered directly by the third-party protocol to your blockchain address. MINE cannot access, freeze, “withdraw,” or retrieve your supplied assets or any yield on your behalf, and cannot reverse any transactions on the blockchain.

No advice or fiduciary duty. MINE does not provide investment advice, recommendations, or assurances regarding any Yield Service or third-party provider. Any information displayed in the App (such as interest rates, APYs/APRs, or protocol details) is for informational purposes only and provided by the third-party protocols. MINE makes no representation that any particular yield strategy is suitable for you or that it has vetted the security or soundness of any third-party protocol. All decisions to participate in Yield Services are made solely by you, based on your own assessment of the risks and your personal financial circumstances.

No guarantee of returns or rates. MINE does not guarantee that you will earn any yield or return, nor any particular rate of return, by using the Yield Services. Any estimated APY or APR shown in the App is provided by the third-party protocol and is purely illustrative. Such figures do not constitute a promise or guarantee that these returns will actually be achieved. Reward rates and outcomes are determined solely by the underlying blockchain protocols and can change at any time. Factors like network participation, liquidity, market conditions, or protocol governance may reduce or eliminate yields with little or no warning.

Network and smart contract risks. Engaging with Yield Services involves inherent risks in blockchain networks and smart contracts, including the risk of software bugs, vulnerabilities, or hacks. MINE is not responsible for any smart contract malfunction, coding bug, security breach, or other failure of the underlying protocol that results in loss of funds or rewards. It is your responsibility to understand the smart contract code and security audits (if any) of the protocols you choose to use.

Yield Service availability and continuity. MINE does not guarantee that any particular Yield Service or digital asset will be available or continue to be supported in the App, nor uninterrupted or error-free operation. Blockchain networks may experience downtime, congestion, delays, or forks; third-party providers may update or pause their smart contracts; and withdrawing assets could be delayed by the underlying protocol’s requirements.

No liability for losses; hold harmless. To the fullest extent permitted by law, MINE will not be liable for any losses, damages, penalties, or costs arising from or related to your use of Yield Services, including loss of principal, expected rewards, protocol insolvency or failure, hacks or exploits, sudden changes in a protocol’s rules, or any other risks inherent in decentralized finance. All Yield Services are offered “as is” and without warranties of any kind, and you assume all risks in using them.

User’s due diligence and responsibility. You acknowledge that you have a full understanding of the risks involved in Yield Services, or that you have had the opportunity to research them. You are using Yield Services voluntarily, based on your own judgment, and are solely responsible for monitoring your positions. If you are not willing to accept the possibility of smart contract failure, financial loss, or the other risks discussed above, you should not use these services.

g. Tokenized securities (Ondo Global Markets)

Through the App, eligible Users may access blockchain-based tokens designed to track the market value of certain publicly traded securities (“Tokenized Securities”), issued and offered by Ondo Global Markets (BVI) Limited (“Ondo”), a third-party issuer not affiliated with MINE. By accessing any Tokenized Securities feature, you acknowledge and agree to the following:

Third-party issuer - no control by MINE. All Tokenized Securities are issued, offered, sold, and redeemed exclusively by Ondo under Ondo’s own terms, offering documents, and eligibility criteria. MINE acts solely as a non-custodial software interface enabling you to interact with Ondo’s on-chain products. MINE is not the issuer, offeror, seller, distributor, broker, dealer, custodian, transfer agent, or investment adviser with respect to any Tokenized Security, is not a party to any transaction between you and Ondo, and receives no authority over the issuance, pricing, minting, redemption, or corporate-action processing of any Tokenized Security.

Nature of the instruments. You acknowledge that Tokenized Securities are not shares in the underlying companies. They are structured instruments issued by Ondo that are designed to provide economic exposure to the underlying security. Holding a Tokenized Security does not confer shareholder voting rights, statutory information rights, or other rights of a direct shareholder in the underlying issuer, except as may be provided under Ondo’s own terms. The legal nature, backing, custody arrangements, and redemption mechanics of Tokenized Securities are determined solely by Ondo’s offering documents, which you must review before acquiring any Tokenized Security.

Eligibility and jurisdictional restrictions. Tokenized Securities are subject to strict eligibility and jurisdictional restrictions imposed by Ondo and applicable securities laws. In particular, Tokenized Securities are not available to US persons or persons located in the United States, and in certain jurisdictions may be available only to qualified investors or professional clients or their jurisdictional equivalents. In accordance with Ondo’s requirements, access to Tokenized Securities features in the App is geo-restricted: the App uses device location (GPS) to block access from jurisdictions in which Tokenized Securities may not be offered, and you consent to such location-based access controls as a condition of using these features. You shall not use any means (including VPNs, location spoofing, or similar techniques) to circumvent such geo-restrictions. Eligibility verification, including any identity verification and investor classification, is conducted by Ondo or its service providers, not by MINE. You represent that you will only acquire Tokenized Securities if and to the extent you satisfy Ondo’s eligibility criteria and the requirements of the laws applicable to you. MINE makes no representation that Tokenized Securities are available or lawful for you.

No investment advice; no recommendation. The availability of Tokenized Securities in the App does not constitute a recommendation, solicitation, or offer by MINE to buy or sell any security or financial instrument. Any prices, performance data, or product information displayed in the App is sourced from Ondo or other third parties and is provided for informational purposes only.

Risks. Tokenized Securities involve significant risks, including market risk of the underlying security, issuer and counterparty risk with respect to Ondo and its custodial and brokerage arrangements, smart contract risk, liquidity risk, redemption risk, regulatory risk, and the risk of total loss. Trading availability may be limited to certain hours and may differ from the trading hours of the underlying markets. MINE is not liable for any losses arising from or related to your acquisition, holding, transfer, or redemption of Tokenized Securities.

Support boundary. All inquiries regarding minting, redemption, corporate actions, dividends, eligibility, or any other aspect of Tokenized Securities must be directed to Ondo. Ondo’s terms and documentation are available at docs.ondo.finance.

You acknowledge that the Service is provided by MINE on an “as is” and “as available” basis. While the core wallet functionality may be made available without direct charge, certain features or integrations may involve fees, network charges, or compensation received by MINE, as disclosed in the App or these Terms.

MINE makes no warranty regarding the Service or the App and hereby expressly disclaims all express, implied and/or statutory warranties and/or guarantees, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. MINE does in particular not warrant and/or guarantee that: the Service will meet your requirements or expectations; the Service will be available uninterrupted or available at any particular time or location, secure, or error-free; any content provided to you in connection with the Service will be accurate, reliable, or correct; any of the Service’s defects or errors will be corrected; or that the Service will be free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from MINE or through the Service will create any warranty.

Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

Due to the disclaimers in this section, we strongly recommend that you only use the App to manage, buy, sell, or trade small amounts of digital assets. If any issues arise in connection with the Service, MINE shall make reasonable efforts to resolve such issues, but you acknowledge that MINE will have no liability for any bugs, errors, or other problems that result in loss of your funds or digital assets. You acknowledge that the Service may contain more or fewer features or be licensed under different terms than previous versions.

This Section 04 does not apply to Membership Benefits that MINE has expressly agreed to provide to you in return for a Membership Fee. MINE will provide those benefits with reasonable care and skill and in accordance with the MINE Membership Terms. Benefits delivered by a third party, including any preferential foreign exchange treatment applied at card-product level by the Card Provider, are provided by that third party under its own terms and are not warranted by MINE.

The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law. Certain laws and jurisdictions do not allow the exclusion and limitations of certain warranties, so the exclusions in this section may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.

Prohibited export. No portion of the Service may be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the USA and/or Switzerland.

a. Digital wallet

You may be required to create or link with the Service a digital wallet in order to utilize certain portions of the Service, including initiating and completing Transactions. When you create a new digital wallet, you must remember or write down the password recovery phrase to retain access to any digital assets stored on such wallet in order to retain or recover any applicable digital assets if you delete the MINE App or if MINE ceases operation. You are solely responsible for the management of any digital wallet you control and the digital assets within such digital wallet. MINE will not be able to recover any digital wallet or digital asset for you in the event you forget your pin or lose your recovery phrase. You acknowledge that MINE will not be liable for any loss of funds or digital assets due to your loss of your password or recovery phrase.

At no point does MINE ever store, access, or have control over your private keys. You are solely responsible for maintaining access to your private keys and seed phrases. Loss of such access will result in permanent loss of your digital assets, for which MINE bears no responsibility.

b. Digital asset prices

You acknowledge that digital asset and Tokenized Securities prices displayed in the App may be sourced from various integrated third-party providers. These providers determine pricing logic independently through their respective algorithms, oracles, and liquidity mechanisms. Prices may vary across providers and are volatile, subject to real-time fluctuations and changes without notice. You are solely responsible for reviewing and confirming the pricing, slippage, and provider before executing any transaction. Digital assets are experimental and risky, and their prices may change significantly at any time.

c. Transactions generally

You acknowledge that MINE cannot reverse a Transaction which has been broadcast to a blockchain network and that once you initiate a Transaction, it may finalize. You acknowledge that you or MINE may not be able to reverse or change any Transaction denoted as complete or pending. Verify before you authorise. You are solely responsible for reviewing and confirming all Transaction details prior to authorising any Transaction, including the network, recipient address, token contract address, amount, slippage, approvals/allowances, and fees. By authorising a Transaction, you acknowledge you have verified the information presented and accept that Transactions are generally irreversible once broadcast and/or confirmed.

d. Digital assets

MINE does not guarantee the listing of any asset on the Service and we may add or remove digital assets to the Service at our sole discretion. We may impose Transaction or amount limits on any digital asset on our Service. You shall not attempt to use the Services to store, send, request, or receive digital assets that are not supported by MINE. MINE assumes no responsibility or liability in connection with any attempt to use the Service for digital assets that we do not support.

e. Underlying protocols

Generally, the underlying protocols in our Service are open source and any person can use, copy, modify, and distribute them. You acknowledge that: (i) MINE does not own or control the underlying software protocols which govern the operation of the digital assets supported on the Service; (ii) MINE is not responsible for the operation of the underlying protocols and we make no warranty and/or guarantee of those protocols’ functionality, security, or availability; and (iii) the underlying protocols are subject to sudden changes in operating rules, which may materially affect the value, function, our ability to have a particular digital asset listed on our Service, the name of the digital asset, or any combination of the foregoing items.

f. Digital asset forks

In the event of a digital asset fork, you acknowledge that: (i) MINE may, without advance notice to you, temporarily suspend operations associated with such digital asset; (ii) MINE may not support either branch of the forked digital asset protocol after that fork; (iii) if you send a Transaction at the time of the fork, only the originally-intended Transaction that you sent is honored; and (iv) MINE assumes no responsibility for damages related to an unsupported branch of a forked digital asset protocol.

g. Taxes

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any Transaction you conduct through the Service, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Your Transaction history is available in the App. You acknowledge that MINE will have no liability for any taxes associated with your Transactions. MINE does not provide tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any transactions. No fiduciary duty or relationship is created between you and MINE.

This Section 05(g) concerns taxes arising on your Transactions. Tax arising on a Membership Fee or on a Membership Benefit is dealt with in the MINE Membership Terms.

h. Our records

Our records, and the records of any Third-Party Service Provider on which we rely, are conclusive evidence of your instructions, your Transactions, your balances, and of all fees, rates and amounts, save in the case of manifest error demonstrated by you. Screenshots, application displays, cached data, indicative quotations and estimated figures are not evidence and do not bind us. Where any figure displayed to you differs from our records, our records prevail.

You assume these risks. You acknowledge, accept and assume full responsibility for each of the following, and agree that MINE bears no liability of any kind in respect of any of them:

• extreme price volatility, and the total, sudden and permanent loss of value of any digital asset or Tokenized Security;
• defects, bugs, exploits, hacks, governance attacks, economic attacks, oracle failure, and the total loss of assets in any smart contract or protocol, whether or not audited;
• failure, insolvency, fraud, negligence, suspension, withdrawal, sanction or regulatory action affecting any Third-Party Service Provider, including the Card Provider, any Swap Provider, any lending protocol, any integration provider, and any issuer of any Tokenized Security or stablecoin;
• de-pegging, redemption failure, freezing, blacklisting or reserve shortfall affecting any stablecoin;
• slippage, price impact, front-running, sandwich attacks, maximal extractable value, failed or stuck transactions, chain reorganisations, forks, congestion, and unfavourable execution;
• bridge failure, cross-chain message failure, and loss of assets in transit between networks;
• irreversible loss arising from incorrect addresses, incorrect networks, incorrect token contracts, incorrect memos, or approvals and allowances you have granted;
• permanent and unrecoverable loss of your assets arising from loss, theft, disclosure or compromise of your private keys, recovery phrase, device or credentials;
• change in law, regulation, tax treatment, sanction, or card scheme rule, including change with retrospective effect, and any resulting withdrawal of any feature, asset or benefit;
• inaccurate, delayed, stale or unavailable prices, rates, balances, positions, yields or other data, from any source; and
• any interruption, outage, degradation, maintenance, update, or failure of the Service, of any network, or of any third party.

Your judgement alone. You confirm that every decision you make through the Service is your own, made on your own assessment, without reliance on MINE, and that MINE has made no representation on which you have relied. MINE owes you no duty of care, no fiduciary duty, no advisory duty, no suitability duty, no duty of best execution, and no duty to monitor your positions, to warn you of any risk, or to act in your interests.

Capacity to bear loss. You confirm that you use the Service only with assets you can afford to lose in full, and that you have the knowledge, experience and financial capacity to evaluate and bear each of the risks set out above.

You may choose to or we may invite you to submit feedback, ideas, modifications, comments, or suggestions about the Service or MINE generally, including about how to improve the Service or our products (each, an “Idea”). By submitting any Idea, you acknowledge that and hereby consent to your disclosure being gratuitous, unsolicited and without restriction and will not place MINE under any fiduciary or other obligation, and that MINE is the sole owner of such Idea and that we are free to use any Idea without any additional compensation to you, or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You acknowledge that, despite our acceptance of your Idea submission, MINE does not waive any rights to use similar or related ideas previously known to MINE, or developed by its employees or contractors, or obtained from sources other than you.

a. Generally

To use the App, you must have a mobile device that is compatible with the App. MINE does not warrant and/or guarantee that the App will be compatible with your mobile device. You may be required by your wireless provider to use mobile data in connection with the App and may incur additional charges from your wireless provider for using this data. You acknowledge that you are solely responsible for any such charges and MINE will have no liability for such charges. MINE hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one mobile device owned or leased solely by you for your personal use (“App License”). The App License is not a sale of the App or any copy of the App, and MINE or its third-party partners or suppliers retain all rights, title, and interest in the App. Any attempt by you to transfer any of the rights, duties, or obligations in connection with the App License, except as expressly provided for in these Terms, is void and of no legal effect. You acknowledge that MINE may release future versions of the App, which may be automatically downloaded to your mobile device and replace a prior version of the App. You consent to such automatic upgrading on your mobile device and acknowledge that these Terms will apply to all such upgrades.

b. Additional Apple App Store terms

This section applies to all Users who obtain the App from Apple’s App Store. You and MINE acknowledge that: (i) these Terms are solely between you and MINE; (ii) Apple, Inc. and its affiliates or subsidiaries (“Apple”) are not a party to these Terms; and (iii) Apple has no responsibility for the App or its related content. Your use of the App must comply with the applicable Apple App Store terms of service or use. If a conflict arises between Apple’s App Store terms and these Terms, then Apple’s App Store terms of service or use will prevail. The App License is limited to use on Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other Accounts associated with you via “Family Sharing” or volume purchasing. You and MINE acknowledge that Apple has no obligation to provide you with any maintenance and support services with respect to the App. MINE is solely responsible for any product warranties of the App, whether expressed or implied by law, to the extent not effectively disclaimed elsewhere in these Terms. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App, including: product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation. You and MINE acknowledge that Apple is a third-party beneficiary of these Terms as relates to your license of the App, and that, upon your acceptance of these Terms, Apple will have the right to enforce these Terms as relates to your license of the App against you as a third-party beneficiary.

Memberships are not sold through Apple’s in-app purchase system. Membership Fees are paid by a transfer of digital assets from your own wallet, initiated by you as a Transaction. A Membership does not unlock, enable, or restrict any content, feature, or functionality of the App, and every feature of the App is available to all Users irrespective of tier. Membership Benefits consist of physical items, human services, and preferential pricing on Transactions and card payments that are executed outside the App on third-party networks, protocols and card schemes. Apple is not a party to the MINE Membership Terms and has no responsibility for Memberships or Membership Benefits.

c. Google Play Store terms

If you downloaded the App from Google’s Play Store and a conflict arises between Google’s Play Store terms and these Terms, then you acknowledge that Google’s Play Store terms will prevail.

d. Service rules

You shall not engage in any of the following (each, a “Prohibited Activity”):

• modifying, disassembling, decompiling, or reverse engineering any portion of the Service (except if and to the extent permitted by applicable mandatory law);
• renting, leasing, loaning, reselling, sublicensing, or otherwise transferring any portion of the Service to any third party;
• using any portion of the Service to provide time sharing or similar services for any third party;
• copying, distributing, or disclosing any part of the Service in any medium, including by any automated or non-automated “scraping”;
• using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the MINE servers than a human can reasonably produce in the same period of time (except that MINE grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Websites for the sole purpose of creating publicly available searchable indices);
• transmitting spam, chain letters, or other unsolicited email in connection with the Service;
• attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
• taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• uploading invalid data, viruses, worms, or other software agents through the Service;
• collecting or harvesting any personally identifiable information from the Service;
• using the Service for any commercial solicitation purposes;
• impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding your identity in connection with the Service, including using a temporary email account;
• interfering with the proper working of the Service;
• accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
• bypassing the measures we may use to prevent or restrict access to the Service; or
• deleting any of our copyright and other proprietary rights notices.

Subject to the User Feedback and Ideas section, the Service, and all materials contained in the Service or transferred to or from the Service, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content belonging to other Users (“MINE Content”) and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights that may now exist or later come into existence, and any related applications and registrations, renewals and extensions, under the laws of any jurisdiction (“Intellectual Property Rights”) are the exclusive property of MINE and its licensors. Except as provided in these Terms or in any other applicable terms, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any MINE Content, without our prior written consent. Use of the MINE Content for any purpose not expressly permitted by these Terms is prohibited.

MINE respects the privacy of its Users and will not request any information beyond what is necessary for the use of the Service or to comply with our obligations under applicable law. MINE also does not obscure the blockchain information that it does request or obtain. You acknowledge that due to the inherent transparent nature of blockchains, Transactions are public and easily correlated. Attempting to utilize MINE to obscure Transactions or assets will be pointless and ineffective, and is ill-advised. Law enforcement has full access to blockchain information that goes in or out of MINE’s system. You acknowledge that MINE will comply willingly with all valid legal requests for information. We reserve the right to provide information to law enforcement personnel and other third parties to answer inquiries, participate in investigations, respond to legal process, respond to the order of a court of competent jurisdiction, and to protect MINE and our Users.

Identity verification by Third-Party Service Providers. Certain features of the Service, including card services and Tokenized Securities, require identity verification (“KYC”) conducted by the relevant Third-Party Service Provider or its verification partners, not by MINE. MINE does not itself collect or determine the scope of KYC data required by such providers. Where you complete a KYC process in connection with a Third-Party Service, the collection, use, retention, and disclosure of your identity data is governed by the applicable Third-Party Service Provider’s terms and privacy policy, in addition to MINE’s Privacy Policy to the extent MINE processes any related personal data.

Third-party data processing. The Service may enable connections to Third-Party Services that process data under their own terms and privacy policies. Depending on the feature, MINE may transmit or make available to Third-Party Service Providers certain identifiers and technical data (for example wallet addresses, transaction parameters, IP address, device and browser/app diagnostics) as necessary to provide the interface and facilitate requested transactions and feature functionality. MINE is not responsible for third parties’ privacy practices. You should review the privacy policies of Third-Party Service Providers before using their services.

Processing of your personal data by MINE is governed by our Privacy Policy, available at https://mine.financial/privacy.

MINE cares about the integrity and security of your personal data, and stores all personal data provided by Users in an encrypted fashion. However, we cannot warrant and/or guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal data for improper purposes.

a. No refunds

You acknowledge that MINE does not and cannot issue refunds in connection with any Transaction initiated or completed through any Third-Party Service.

b. Unsupported digital assets

Any digital assets that we do not support that are sent to unrelated or inaccurate wallets through the Service cannot be extracted or returned.

c. Cross-chain recovery program

Please use extreme caution when sending digital assets through the Service and make sure to confirm that you are sending the correct type of digital asset to the correct address. A transfer of digital assets that is mistakenly sent to an address of a different digital asset is a “Cross-Chain Transaction”. Recovery of Cross-Chain Transactions is a risky and time-consuming process. The level of complexity and risk depends both on the type of digital asset and the address used for the Transaction. Not all Cross-Chain Transactions are recoverable, and digital assets sent to the wrong address are at risk of recovery by bad actors not associated with MINE.

MINE is not responsible or liable for any Cross-Chain Transactions initiated by you or any other User. If you request assistance in recovering a Cross-Chain Transaction, MINE may decide in its sole discretion whether to assist or attempt to recover such Cross-Chain Transaction. There is no time limit for any such discretionary recovery attempts and MINE will not be liable for a failed recovery of any Cross-Chain Transaction. If any such recovery is attempted, MINE may assess you with a fee, communicated to you in advance, that reflects the level of effort and developer time consumed on the amount or value of the digital asset. You acknowledge and consent to the assessment of this fee when making any such recovery request.

If you would like to ask MINE to attempt to recover your digital assets from a Cross-Chain Transaction that you initiated, please reach out to our support team with the details of the Transaction by emailing info@mine.financial. MINE will evaluate your request and determine in its sole discretion whether to initiate recovery procedures. You acknowledge that even if MINE decides to attempt a Cross-Chain Transaction recovery on your behalf, we make no warranty and/or guarantee that any such attempted recovery will ultimately be successful.

d. Membership Fees

This Section 11 applies to Transactions conducted through Third-Party Services. It does not apply to Membership Fees. Withdrawal from, cancellation of, and refunds in respect of a Membership are governed exclusively by the MINE Membership Terms and by any mandatory consumer protection law applicable to you. Nothing in these Terms limits or excludes any statutory right of withdrawal you may have.

1. The MINE card

EMM Ventures AG offers access to the MINE Mastercard card service, provided by Atomo Sarl, operator of the Unblock card program, a third-party provider (“Card Provider”), in cooperation with its regulated card issuing and program management partners. By utilizing the MINE card, users can access a range of features and benefits outlined in the Card Provider’s specific terms and conditions, which can be found at unblock.ch/resources.

2. Relationship with the Card Provider

a. Users of the MINE card acknowledge and agree that their contractual relationship regarding the card service, the associated accounts, and any fiat payment services is solely with the Card Provider and its regulated partners, subject to the terms and conditions established by the Card Provider. MINE is not a bank, e-money institution, payment institution, or card issuer, and does not hold, control, or safeguard fiat funds.

b. MINE is not responsible for any aspect of the card service, including but not limited to card issuance, card management, account opening, KYC and onboarding decisions, transaction processing, foreign exchange conversion, chargebacks, customer support, or any disputes arising from the use of the MINE card. Users shall direct all inquiries, concerns, or issues related to the MINE card to the Card Provider, except where in-app support channels are provided.

c. Fees and foreign exchange. Card transactions may be subject to fees, spreads, and foreign exchange charges applied by the Card Provider, the card scheme, or their partners. Applicable fees and any foreign exchange methodology are set out in the Card Provider’s terms and, where available, disclosed in the App or in your card statements. MINE does not set and does not control scheme or provider-level foreign exchange rates.

d. MINE may earn a referral fee or revenue share from the Card Provider based on the volume generated by users of the MINE card. Any such remuneration does not imply that MINE controls, operates, endorses, audits, or guarantees the card service.

e. Eligibility. The card service is subject to the Card Provider’s own eligibility, onboarding, and jurisdictional requirements, which may differ from the eligibility criteria in Section 03(a). The Card Provider may decline, suspend, or terminate card services at its own discretion under its terms, without any liability of MINE.

3. Membership and the card service

a. The card service is provided by the Card Provider and is available to all Users, including Users who hold no paid Membership. A Membership is not a card, a card product, or a card account. It is not issued, administered, underwritten, or endorsed by the Card Provider or its regulated partners, and it is not a condition of applying for, obtaining, holding, or continuing to use a MINE card.

b. Membership Fees are payable to EMM Ventures AG as consideration for the Membership Benefits set out in the MINE Membership Terms, principally reduced fees charged by MINE in connection with Transactions you execute through third-party protocols and networks. Membership Fees are not fees for the issuance, maintenance, replacement, delivery, or use of a card, and are not fees for any payment, foreign exchange, or account service.

c. Certain benefits associated with a Membership tier are applied by the Card Provider at card-product level, including any preferential foreign exchange treatment. MINE does not set, control, or guarantee those terms. MINE may vary or substitute the card product associated with a tier on notice in accordance with the MINE Membership Terms.

d. If your Membership ends, or a benefit made available for a defined period expires, your MINE card and card account are unaffected and continue on their existing terms.

MINE offers membership tiers, one of which is available on payment of a fee (each a “Membership”). Memberships are governed by the MINE Membership Terms and by the Benefits Schedule referred to in them, each incorporated into and forming part of these Terms. Where there is any inconsistency between these Terms and the MINE Membership Terms in respect of a Membership, the MINE Membership Terms prevail.

Membership is optional. The Service, including the card service, Earn features, swap functionality, and access to Tokenized Securities, is available to Users who hold no paid Membership on the terms applicable to the Basic tier. A Membership changes the commercial terms on which certain services are provided to you and entitles you to certain physical items. It does not unlock, enable, or restrict any function of the App.

Certain Membership Benefits are made available only for a defined period which is stated to you at the time of purchase. Those benefits are identified as time-limited in the Benefits Schedule. The expiry of such a period is not an amendment to these Terms or to the MINE Membership Terms, and is not a reduction or withdrawal of a Membership Benefit.

a. Indemnification

You shall indemnify, defend and hold harmless MINE, its affiliates, and each of their respective shareholders, directors, officers, employees, contractors, agents and licensors (each an “Indemnified Person”) on demand and on a full indemnity basis against any and all claims, demands, proceedings, investigations, losses, damages, liabilities, fines, penalties, taxes, interest, costs and expenses (including attorneys’ fees on a full indemnity basis and the reasonable cost of internal management time) arising out of or in connection with: (i) noncompliance with any part of these Terms, including any inaccuracies of representations or statements made by you; (ii) violation of any third-party right, including any right of privacy or Intellectual Property Rights; (iii) violation of any applicable law, rule or regulation; (iv) willful misconduct; (v) use of any access to the Service (including any data or content transmitted or received by you); (vi) any Transaction you initiate; (vii) any tax arising in respect of you; or (viii) any other person’s access and use of the Service with your MINE information, whether or not authorised by you, unless and to the extent the damages were caused by gross negligence and/or willful misconduct by MINE itself.

Conduct of claims. We may at our discretion assume the conduct of any claim covered by this Section at your cost. You shall not admit, compromise or settle any such claim without our prior written consent. You shall provide all assistance we reasonably require. This Section survives termination or expiry of these Terms.

b. Limitation of liability

You acknowledge that except if and to the extent your damages have been caused by gross negligence and/or unlawful intent of MINE itself or personal injury, MINE will not be liable for any damages caused to you related to: (i) any hacking, tampering, or other unauthorized access or use of the Service, or the personal information; (ii) errors, mistakes, or inaccuracies of content on the Service; (iii) property damage, of any nature, resulting from your access to or use of the Service; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; or (vi) the defamatory, offensive, or illegal conduct of any third party. The foregoing limitations and exclusions will apply whether the alleged or actual liability is based on contract, tort, negligence, strict liability, or any other basis, even if MINE has been advised of the possibility of such damage.

Excluded heads of loss. To the fullest extent permitted by law, MINE is not liable for any of the following, in any circumstance and however arising, whether in contract, tort, breach of statutory duty or otherwise, and whether or not foreseeable or advised as possible: loss of profit; loss of revenue; loss of anticipated savings; loss of yield, reward, cashback, points, airdrop or incentive; loss of business or opportunity; loss of goodwill or reputation; loss of data; loss arising from any change in the value or price of any digital asset, Tokenized Security or currency; loss arising from any delay, suspension, freeze, downtime or inability to transact; loss arising from any tax treatment; and any indirect, consequential, special, incidental, exemplary or punitive loss.

The foregoing exclusion of liability is intended to apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in this section may not apply to you. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

To the fullest extent permitted by applicable law, MINE’s total aggregate liability arising out of or relating to the Service, taken together across all claims, shall not exceed the greater of: (i) CHF 100; or (ii) the total amount of fees, including any Membership Fee, actually received by MINE from you during the twelve (12) month period immediately preceding the event giving rise to the claim.

c. Notification of claims

You must notify us in writing of any claim, complaint, error, unauthorised Transaction or other matter that may give rise to a claim within thirty (30) days of the date on which the relevant event occurred or, if earlier, the date on which the relevant Transaction, balance or fee was first available to you in the App. Where you do not notify us within that period, you are deemed to have accepted and approved the relevant Transaction, balance, fee or event, and you may not thereafter dispute it. This Section imposes a contractual notification duty and does not purport to alter any statutory limitation period.

d. Set-off

We may at any time set off any amount you owe us, whether present, future, actual, contingent, liquidated or unliquidated, against any amount we owe you, including any cashback, rebate, refund or credit, and may make any deduction or withholding required by law. You may not set off, deduct, counterclaim or withhold any amount owed to us against any claim you have or assert against us. All amounts payable by you are payable in full and free of deduction.

e. Governing law

These Terms will be governed by the internal substantive laws of Switzerland without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The aforementioned choice of law will not apply if and to the extent mandatory applicable law provides for otherwise.

f. Amicable solution of disputes

If you have a dispute with MINE in connection with these Terms or your use of the Service, you shall first contact us via email at info@mine.financial and attempt to resolve the dispute with us informally.

g. Arbitration

If you and MINE cannot resolve any dispute after 60 days from your initial email notifying us of the dispute, you and MINE each consent that, without prejudice to lit. i below, any dispute, controversy, or claim arising out of, or in relation to, these Terms, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted. The number of arbitrators shall be one. The seat of the arbitration shall be the city of Zug, Switzerland, unless the parties agree on a city in another country. The arbitral proceedings shall be conducted in English.

h. Class action waiver

To the extent permitted by applicable law, you and MINE agree that any claims shall be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

i. Place of jurisdiction

If the choice of arbitration set forth in lit. g above is not valid, and/or prohibited or otherwise invalid or unenforceable under applicable law, then the exclusive place of jurisdiction for all and any claims under and in relation with these Terms is the city of Zug, Switzerland. The aforementioned exclusive place of jurisdiction will not apply if and to the extent mandatory applicable law provides for otherwise.

j. Injunctive measures

Regardless of lit. f, g and h above, we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights, including any provisional relief required to prevent irreparable harm.

k. Assignment

You shall not assign or transfer these Terms or any rights and licenses granted under these Terms. Any attempted assignment or transfer in violation of this section will be void and of no legal effect. We may assign, transfer, novate or subcontract these Terms or any of our rights or obligations under them, in whole or in part, to any affiliate or to any person in connection with a merger, reorganisation, or sale of business or assets, without your consent.

l. Notice

MINE may notify you via email, a tangible written notice, or through posting of such notice on our Website or App or as otherwise deemed appropriate by MINE. MINE will not be liable for any damages or delays caused by any automatic filtering you or your network provider applies to emails.

m. Entire agreement, no reliance, severability

These Terms, together with any additional terms, amendments, and any additional agreements you may enter into with MINE in connection with the Service, constitute the entire agreement between you and MINE concerning the Service. You acknowledge that you have not relied on, and shall have no remedy in respect of, any statement, representation, assurance, forecast, projection, roadmap, marketing material, social media post, community communication, or warranty, whether made negligently or innocently, that is not expressly set out in these Terms. Nothing in this Section limits liability for fraudulent misrepresentation.

If any provision of these Terms is held to be invalid, unlawful or unenforceable in whole or in part, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful and enforceable while preserving as closely as possible the original commercial intention of the parties, and shall apply as so modified. Only if such modification is not possible shall the provision be severed, and severance shall not affect the validity of the remainder of these Terms, which remain in full force and effect.

n. No waiver

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and MINE’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

o. Survival

Sections 03(a-bis), 04, 05(h), 06, 07, 09, 10, 14(a), 14(b), 14(c), 14(d) and this Section survive termination or expiry of these Terms howsoever arising.

p. Force majeure

MINE shall not be liable for any delay or failure to perform resulting from events beyond MINE’s reasonable control, including but not limited to: blockchain network disruptions or failures; consensus failures; severe congestion; cyber-attacks; hacking incidents; third-party outages; regulatory or sanctions changes; interruptions of internet, telecoms or power; chain reorganisation, fork or halt; validator or node failure or collusion; maximal extractable value; oracle failure; bridge failure; smart contract exploit; the failure, insolvency, withdrawal, suspension or default of any Third-Party Service Provider, card scheme, issuer, acquirer, banking partner or liquidity provider; embargo, licence refusal or withdrawal, court order, regulatory instruction or law enforcement action; epidemic, pandemic or public health measure; strike or labour dispute; failure or unavailability of any cloud, hosting, API, RPC or telecommunications provider; any act or omission of any third party outside our reasonable control; and other events that materially affect MINE’s ability to provide the Service. MINE may suspend or terminate all or part of the Service during such events without liability to the extent permitted by applicable law.

q. Contact

Version 2 - last modified 27 July 2026 - MINE - EMM Ventures AG - Zug, Switzerland

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