TERMS OF USE
RIV TECHNOLOGIES FZE MOBILE APP

Last update: September 2023

  1. 1.1.  PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE (THE “TERMS”) BEFORE USING THE RIV TECHNOLOGIES FZE MOBILE APP (ALSO THE “APP”). THESE TERMS CONTAIN IMPORTANT NECESSARY INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. BY ACCEPTING THESE TERMS AND/OR USING THE APP, YOU COMMIT TO COMPLY WITH THEM FULLY.

  2. 1.2.  These Terms are a legal agreement between you (the “User” or “you”) and RIV Technologies FZE, a company incorporated under the laws of UAE with headquarters in Office 613, Floor 03, The Offices 3 – One Central, Dubai World Trade Center (the “Company” or “we”).

  3. 1.3.  RIV Technologies FZE forms part of RIV Group, whose parent company is RIV Capital LP SCSp, a limited partnership holding established in Luxembourg with the primary objective to enhance its shareholder’s wealth through capital investments.

  4. 1.4.  The App is a mobile app that provides the User with a non-custodial wallet to sell, receive and manage tokens, including cryptocurrencies and other token-based digital assets based on DLT (collectively hereinafter “Tokens”) within the Cøsmos and Ethereum ecosystems.

  5. 1.5.  THE COMPANY AND THE APP ARE NOT FINANCIAL INSTITUTIONS, EXCHANGES, OR ANY SIMILAR REGULATED ENTITIES. OUR APP IS INTENDED ONLY TO FACILITATE PURCHASES OR SALES OF TOKENS BETWEEN USERS. WE ARE NOT A PARTY TO ANY AGREEMENT BETWEEN USERS. WE DO NOT, IN ANY CASE, HAVE AN ACTIVE ROLE IN, OR CONTROL OF, THE TRANSACTIONS OR THE CONTRACTUAL RELATIONSHIPS BETWEEN USERS. ANY TRANSACTION INVOLVING A FINANCIAL INSTRUMENT IS STRICTLY FORBIDDEN ON THE APP.

  6. 1.6.  Your use of the App is also governed by other applicable policies such as the Privacy Policy and Cookie Policy and policies relating to specific services (including, without limitation, forums, chats, or contests), as well as any other related operating rules or policies (as from time to time indicated by the Company), each of which is incorporated by reference into these Terms (collectively the “Additional Policies”) and are available on the App. By using or accessing the App, you expressly agree to be bound by and comply with the stated Additional Policies.

  7. 1.7.  Tokens available on the App may be considered securities under the laws of some countries. By registering and signing up, you represent and warrant that you are not a resident, domiciliary, or otherwise connected with any such country and that you will not use our services in violation of any securities laws. If you are found to violate this representation, we reserve the right to terminate your account and exclude you from any Token sales.

2. AMENDMENTS

2.1. We reserve the right to make amendments to these Terms, the Privacy Policy, or any other Additional Policy (the “Amendments”) at any time in our sole discretion by

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posting such updated documents on the App or by informing the Users directly. The Amendments are effective from the date they are published or the different date as communicated by the Company. You will be notified at least thirty (30) calendar days prior to any changes in these Terms taking effect. Your use of the App or any other features after the Amendments have been published or patches and updates have been released shall be deemed your acceptance of such Amendments and patches or updates. If you do not agree with the Amendments, you may terminate your contractual relationship with the Company (provided that there are no outstanding obligations on your side to be performed by you to the benefit of the Company or the Company’s beneficiaries), but you must stop using any features and do not access the App or use any related services.

3. ACCOUNT

  1. 3.1.  By signing up on our App, you can access the App features, such as sending, receiving, depositing, or withdrawing Tokens within the Cøsmos and Ethereum ecosystems. You also get access to an account on the App (the “Account”), through which you can use the App features.

  2. 3.2.  The App also allows you to store your Tokens in a full-control personal wallet we provide you (the “Riv Wallet”). Note that your account on the App does not store cryptocurrency or digital assets on your behalf but allows you to store cryptocurrency or digital assets, retaining complete control of the wallet and its private keys. Therefore, it is not a “custodial crypto wallet.” The Riv Wallet balance in your account only shows the number of Tokens you can manage at any moment.

  3. 3.3.  Furthermore, the Riv Wallet offers you additional features and services, such as support for multiple cryptocurrencies, integration with exchanges and other platforms, and managing multiple accounts and addresses.

  4. 3.4.  We require all users to be 18 years old or older. If local laws in your respective jurisdiction require that you are of a different age in order to enter into legally binding agreements (such as these Terms) and you are not, or you have not obtained parental or guardian consent to enter into, then you shall not access the App and immediately stop any use of it. By creating an Account, you also agree to provide accurate, true, current, and complete information about yourself and to maintain and promptly update your Account information as necessary. You understand and agree that access to your App Account is limited solely to you. You agree that you will not sell, rent, lease, assign, or grant access to your account to any person without our prior written permission. You also understand and agree that you are solely responsible for maintaining the security of your account and keeping control over any usernames, passwords, private keys, or other codes you use to access the App. You understand, acknowledge, and agree that you will not hold us responsible for managing and maintaining the security of your account. You further agree that we are not responsible for unauthorized or third-party access or use of your account. Without prejudice to the foregoing, if you notice any unauthorized or suspicious activity in your account, please report it to us as soon as possible.

  5. 3.5.  We may conduct verification procedures on users who register and sign up. This may include identity verification, background checks, and other forms of due diligence. By registering and signing up, you agree to cooperate with such verification procedures and to provide any information or documentation requested by us.

  6. 3.6.  By submitting personal data through our sign-up form, you also agree to the terms of our Privacy Policy, and you expressly consent to the collection, use, and disclosure of your data under our Privacy Policy.

  7. 3.7.  The User acknowledges and agrees not to do any of the following: 2

  1. (i)  Sending, uploading, distributing, or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;

  2. (ii)  Perform reverse engineering activities, change, modify, adapt, translate, decompile, disassemble the source code, or create derivative or imitative works based on the App;

  3. (iii)  Allow any third party to use the App on behalf of or for the benefit of any third party;

  4. (iv)  Use the App in any way which breaches any applicable local, national or international law;

  5. (v)  Create, use and/or distribute “auto,” “trainer,” “script,” or “macro” computer programs or other “cheat” or “hack” programs or software applications for the App;

  6. (vi)  Remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices, or labels contained on or within the App;

  7. (vii)  Transmit or propagate any virus, trojan horse, worm, bomb, corrupted file, and/or similar destructive device or corrupted data concerning the App, and/or organize, participate in, or be involved in any way in an attack on our servers and/or the App and/or those of its service providers and partners;

  8. (viii)  Use the App and connected blockchains to carry out any illegal activities, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Cøsmos ecosystem, the blockchain, the App, or our services;

  9. (ix)  Engage in wash trading or other deceptive or manipulative trading activities;

  10. (x)  Use the App to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments;

  11. (xi)  Use the App to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying Tokens that are redeemable for financial instruments, Tokens that give owners’ rights to participate in an ICO, or any securities offering, or Tokens that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, DAOs, staking bonuses, and burn discounts;

  12. (xii)  Use the App for any purpose in breach of these Terms.

  1. 3.8.  Tokens that we deem inappropriate, disruptive, or illegal are prohibited on the App. We reserve the right –but we do not have the obligation– to determine the appropriateness and/or lawfulness of Tokens on the App and remove any Tokens at any time. If we become aware that you hold or sell a Token in violation of these Terms, we may take corrective actions, as appropriate, including but not limited to removing the Token or deleting your account. If we cannot destroy or impound your Token, we reserve the right to destroy inappropriate metadata stored on our servers.

  2. 3.9.  Tokens created or used primarily or substantially to raise funds for known terrorist organizations are prohibited on the App.

  3. 3.10.  The sale of stolen Tokens, taken without authorization, in breach of third parties’ rights, or otherwise illegally obtained on the App is prohibited. Holding illegally obtained Tokens may result in your Tokens being hidden or your account being suspended or deleted.

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3.11. We may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to the laundering of income obtained by criminal means or for counteracting financing of terrorism. We may also require you to provide additional information and documents in cases where we have reasons to believe that:

  1. (i)  Your account is being used for money laundering, funding terrorism, or any other illegal activity;

  2. (ii)  You have concealed or reported false identification information and other details;

  3. (iii)  Transactions made via your account were carried out in breach of these Terms; or

  4. (iv)  For any other reasonable purpose as requested by the Company or public authorities.

4. RIV WALLET

  1. 4.1.  By signing up for the App, you will get access to a unique Riv Wallet which provides for the storage of Tokens and their use on the App within the Cøsmos ecosystem.

  2. 4.2.  Please note that the Riv Wallet and the App Account are neither bank accounts nor any kind of payment instrument.

  3. 4.3.  Users within the App may fully manage their Tokens, but we do not offer any exchange service between cryptocurrencies, digital assets, fiat money, or similar. Any deposit or withdrawal happens and is memorized and confirmed by third-party blockchain services (“Third-Party Blockchain Service”) which involve transaction fees. We neither own nor control Third-Parties Blockchain Services and any Third-Party Wallets nor any other third-party site, product, or service not specifically identified as proprietary, licensed to, or provided by the Company. Therefore, the Company will not be liable for the acts or omissions of any such third parties, nor will the Company be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. Note that each Third-Party Blockchain Service and Third-Party Wallets may have its terms and conditions and that you may be required to accept those terms before using their related service.

  4. 4.4.  In addition to the Transaction Fees due to the Company for the provision of its services to the Users, each deposit and withdrawal of Tokens are subject to fees allocated to cover operational costs related to Third-Party Blockchain Services. Those fees will be shown to the Client at the time of deposit/withdrawal before being prompted to accept the transaction.

  5. 4.5.  The Company is only a service provider that makes available its App to the Users to facilitate the storage and sale and purchase of Tokens; the Company is not a party to any agreement between the Users. As such, YOU AGREE NOT TO HOLD US LIABLE FOR ANY KIND OF LIABILITY OR DAMAGES CAUSED BY A TOKEN TRANSFER, OR IN CONNECTION WITH THE PRICE, OR AN ACT PERFORMED BY ONE OF THE PARTIES TO A TRANSACTION, NOR WE PROVIDE ANY KIND OF WARRANTY. Therefore, any complaint must be addressed directly to the other party/parties involved in the transaction.

  6. 4.6.  It is the sole responsibility of the Users to pay any taxes deriving from the sale of Tokens and, in general, from their use of the App.

  7. 4.7.  Note that if you are offering Tokens or are involved in App transactions as a business activity or otherwise in the form of a “professional” business or not occasionally (i.e., you are not operating as a consumer), specific laws and taxes (such as the issuance of

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invoices, payment of VAT, or mandatory consumers’ protection laws) may apply to you, to your business, and your earnings. We do not ensure the User’s compliance with those laws and obligations. You hereby acknowledge, represent, and agree to be in compliance with such laws or obligations, and you will be solely responsible for such compliance. You will hold harmless and indemnify us for any damages that you may cause to us, other Users, or third parties.

  1. 4.8.  Since the Company is not part of any transaction between Users, it is not responsible for, nor will provide, any refund related to transactions carried out on its App. Any request should be addressed solely to the User. Further, you acknowledge that transactions on the blockchain are irreversible. Therefore, specific transactions cannot be reversed. We cannot cancel, revert, or modify any transaction on the Cøsmos ecosystem or other blockchains. Except as otherwise decided by the User or among the Users in their negotiations or as otherwise provided by mandatory consumers’ protection laws (if applicable to a specific transaction), all sales or purchases made by the Users are final and non-refundable.

  2. 4.9.  In the event of a dispute between Users and between Users and any third party, you agree that the Company has no obligation to be involved. In such event, you release the Company, its affiliates, and their respective officers, employees, agents, and successors from any claims, demands, and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes and/or the App or related services.

5. AML

  1. 5.1.  Before a User can activate their Account or gain access to the App, the User is required to provide all the necessary information and/or documents that the Company deems, in its sole discretion, suitable for maintaining compliance with the anti-money laundering laws (“AML”) or any laws, regulations and internal policies.

  2. 5.2.  During the Account verification process, the User undertakes to provide all the documents requested by the Company. In particular, the User agrees to provide the Company, or another subject delegated to carry out the AML obligations prescribed by law on our behalf, with updated, accurate and complete information as required by the registration process, as well as to maintain update this information.

  3. 5.3.  If we discover any activity that we consider suspicious or not fully transparent concerning the use of the account, we may request further information or documentation from the User. In this case, we may also freeze all transactions pending the appropriate checks of the account. The Company reserves the right to block, suspend and terminate the Accounts of Users for which the due diligence process (“KYC”) has not been completed, despite all efforts by the Company to contact the User and solicit the completion of the process.

  4. 5.4.  The User acknowledges and declares to understand that the documents, data, photos, and other informative material collected during the Account registration and verification procedures are subject to the obligation of conservation by the Company or a third-party supplier authorized, under the AML laws.

  5. 5.5.  The Company applies regular checks on User Accounts and may request information about the origin of their Tokens. In addition, the Company reserves the right to block or freeze the Account of any User, at its discretion and without notice, in the event of suspected illegal origin of the User’s Tokens.

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6. ASSUMPTION OF RISKS

  1. 6.1.  Our services rely on distributed ledger technology (DLT) and other complex technologies. We will not be liable for any technical problems or issues that may arise with DLT, including but not limited to the failure of smart contracts, network congestion, or security breaches.

  2. 6.2.  You understand that the prices of Tokens may be extremely volatile. Fluctuations in the price or value of other digital assets could materially and adversely affect the value of your Tokens. We cannot guarantee, and therefore, we cannot be held liable– that any Token will not lose or gain value (or have any economic value whatsoever) or have any kind of functionality or fitness for a particular purpose.

  3. 6.3.  You also understand there are risks associated with transactions in the App, including, but not limited to, the effects of varying laws and regulations, the risk of hardware, operating system, and Internet connections, the risk of virus introduction, and the risk that third parties may obtain unauthorized access to your personal information. YOU ACCEPT AND ACKNOWLEDGE THAT WE WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS, OR DELAYS IN WHICH YOU CAN BE INVOLVED, HOWEVER CAUSED.

7. OWNERSHIP AND I.P. RIGHTS

  1. 7.1.  You acknowledge and agree that all titles and intellectual property rights in and to the App and all material connected with them (including but not limited to any derivative works, titles, computer code, graphics, music or sounds, characters, themes, objects, locations, concepts, artwork, texts, screen displays, methods of operation, moral rights, “applets” incorporated into the App, and any related documentation) are owned by the Company or its licensors or licensees. You may not use any metatags or other “hidden text” utilizing “Riv Technologies” or any other name, trademark or product, or service name of the Company or our affiliates without our prior written permission. The Company is free to grant licenses on the rights mentioned above to third parties without your consent.

  2. 7.2.  National and international laws, treaties, and copyright conventions protect the App. Except where explicitly established by these Terms, all rights not granted herein to the User are explicitly reserved by the Company. The App may contain licensed material and, in such case, Company’s licensors can protect their rights in the event of any violation of these Terms. Any reproduction or representation of such material under license in any form and for any reason without the Company’s prior consent and, where applicable, of the licensors and representatives of the Company is prohibited.

  3. 7.3.  You are solely responsible for your use of the App and for any content you provide, including compliance with applicable laws, rules, and regulations. We take no responsibility for the User Content posted or listed via the App. By submitting, posting, or displaying User Content, including any pictures, or description on or through the App, you grant us a worldwide, non-exclusive, sublicensable, transferable, royalty-free license to use, copy, modify, and display any text, content, files, picture, image, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on or through the App or tools or applications we provide for posting or sharing such content (collectively “User Content”) for our lawful business purposes, including to provide, promote, and improve the App or our other services and products.

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8.

8.1.

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SOCIAL MEDIA AND APP CONTENT

You may upload screenshots, videos, or audio, all related to Tokens listed on the App, on your social media or other platforms (such as Twitch) only for informative purposes (commercial purposes are explicitly forbidden). All this material shall be uploaded without any modification and under these Terms and any Additional Policy and shall not infringe any third-party rights.

DISCLAIMERS. LIMITATION OF LIABILITY. INDEMNIFICATION.

YOU EXPLICITLY AGREE THAT YOU ARE EXCLUSIVELY RESPONSIBLE FOR THE ORIGIN AND USAGE OF ANY TOKEN AND THAT THE TOKENS ARE NOT IN BREACH OF ANY APPLICABLE LAW OR RIGHTS OF ANY OTHER PARTY. WHEN YOU HOLD A TOKEN ON THE APP, YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGITIMATE OWNER OR LICENSEE OF ANY RIGHT ON THAT TOKEN. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF THE TOKENS YOU PURCHASE. WE DO NOT MAKE ANY CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF TOKENS ON THE APP.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, AND OUR RESPECTIVE PAST, PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS (INDIVIDUALLY AND COLLECTIVELY, THE “COMPANY’S PARTIES”), FROM AND AGAINST ALL ACTUAL OR ALLEGED THIRD PARTY CLAIMS, DAMAGES, AWARDS, JUDGMENTS, LOSSES, LIABILITIES, OBLIGATIONS, PENALTIES, INTEREST, FEES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) AND COSTS (INCLUDING, WITHOUT LIMITATION, COURT COSTS, COSTS OF SETTLEMENT AND COSTS OF PURSUING INDEMNIFICATION AND INSURANCE), OF EVERY KIND AND NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, MATURED OR UNMATURED, OR SUSPECTED OR UNSUSPECTED, IN LAW OR EQUITY, WHETHER IN TORT, CONTRACT OR OTHERWISE (COLLECTIVELY, “CLAIMS”), INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY OR PERSONAL INJURY, THAT ARE CAUSED BY, ARISE OUT OF OR ARE RELATED TO (A) YOUR USE OR MISUSE OF THE APP, THE USER INFORMATION, THE TOKENS, OR ANY SERVICES PROVIDED BY THE COMPANY (B) ANY INFORMATION YOU PROVIDE, (C) YOUR VIOLATION OF THESE TERMS, AND (D) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING ANOTHER USER OR THIRD-PARTY WALLETS. YOU AGREE TO PROMPTLY NOTIFY US OF ANY THIRD-PARTY CLAIMS AND COOPERATE WITH THE COMPANY’S PARTIES IN DEFENDING SUCH CLAIMS. YOU FURTHER AGREE THAT THE COMPANY’S PARTIES SHALL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD-PARTY CLAIMS. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN PLACE OF, ANY OTHER INDEMNITIES OUTLINED IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY.

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THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, “WITH ALL DEFECTS” AND WITHOUT ANY WARRANTS, GUARANTEES, DUTIES, OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND.

THE COMPANY DOES NOT WARRANT TO YOU THE CONTINUOUS, ERROR-FREE, SECURE, OR VIRUS-FREE OPERATION OF THE APP OR YOUR ACCOUNT. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS THAT WAS NOT INTENTIONAL OR CAUSED DUE TO GROSS NEGLIGENCE BY THE COMPANY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE APP, OR YOUR WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR ERRONEOUSLY TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR ANY OTHER CYBERATTACK TO THE WALLET, THE ACCOUNT OR YOUR DEVICE.

YOU EXPRESSLY ACCEPT THAT THE APP’S USE IS AT YOUR OWN RISK, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS, AND YOU WILL INDEMNIFY IT FOR ANY IMPROPER USE YOU MAY MAKE OF THE APP OR RELATED SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT THE COMPANY (INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE ISSUES RELATED TO THIRD-PARTY LICENSORS) WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THE APP, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PRECEDING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO THE LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF THE COMPANY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF THE COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Limitations and exclusions of warranties and remedies in these Terms may not fully apply because your jurisdiction may not allow them in your particular circumstance.

10. TERMINATION

10.1 These Terms are effective from the date you accept them or your first use of the App.

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10.2 10.3

10.4

Your rights under these Terms will terminate automatically without notice from the Company if you fail to comply with any provision of these Terms or any Additional Policy.

In addition to other remedies we may have under law, or under these terms, you agree that we have the right to immediately terminate your account if we suspect, in our sole discretion, that:

  1. (i)  your account is being used for money laundering, funding terrorism, or other illegal activity;

  2. (ii)  you have hidden or provided false identification information or other details;

  3. (iii)  you have been engaged in fraudulent activity, or you have engaged in transactions in violation of these Terms.

You may terminate your contractual relationship with the Company (provided that there are no outstanding obligations on your side to be performed by you to the benefit of the Company or Company’s beneficiaries) at any time by canceling or closing your account and removing any Tokens that you hold of the App. In such case, you must stop using any features and do not access the App or use any related services directly or through other Accounts or third parties. Before you decide to terminate, please manage what is stored in your account: we do not guarantee that your balance or the Tokens will still be available after your termination. The Company may retain an unclaimed User’s balance or Tokens after the User’s termination.

11. INJUNCTION

11.1. Since (and you acknowledge that) the Company would be irreparably damaged if these Terms were not specifically enforced, you agree that the Company shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

12. FORCE MAJEURE

12.1. In the event of any delay, interruption, or failure in the performance of our obligations resulting from acts, events or circumstances not reasonably within our control, we shall not be liable or have any responsibility for any loss whatsoever thereby incurred or suffered by you. For the purpose of this clause, acts, events and circumstances not reasonably within our control shall include, but are not limited to: acts or regulations of any governmental, body, or authority; the breakdown, failure, or malfunction of any telecommunications or computer service; acts of war, terrorism, insurrection, civil commotion, revolution; hacking or cyber-attacks; and acts of God, fires, floods, and explosions.

13. JURISDICTION. DISPUTE RESOLUTION. GOVERNING LAW

  1. 13.1.  These Terms shall be construed, governed, and interpreted under the laws of UAE, as applicable in the Emirate of Dubai, without regard to its or any other jurisdiction conflict of law’s provisions that would cause the application of the laws of any other jurisdiction.

  2. 13.2.  If a dispute arises between you and the Company, please use the friendly resolution mechanism we may provide. In any case, any dispute arising directly or indirectly out of these Terms or any Additional Policy shall be subject to the exclusive jurisdiction of the courts of the Dubai International Financial Center. Notwithstanding the

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foregoing, the Company may initiate preliminary injunction proceedings before any other competent court at its sole discretion.

14. COLLECTIVE ACTION AND JURY WAIVERS

14.1. YOU AGREE NOT TO ESTABLISH OR PARTICIPATE IN A COLLECTIVE OR REPRESENTATIVE ACTION (E.G., CLASS ACTIONS), A GENERAL ACTION WITH A PRIVATE LAWYER, OR A COLLECTIVE ARBITRATION IN RELATION TO THE APP (INCLUDING ANY TOKENS) OR THESE TERMS. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY.

15. NO ASSIGNMENT OR DELEGATION

  1. 15.1.  Without the Company’s prior written consent, you are not authorized to assign, transfer, charge or subcontract all or some of your rights or obligations under these Terms, and any attempt without such consent will be invalid and ineffective. If the mandatory laws of your country prohibit the provisions relating to the transfer of the rights and obligations contained in these Terms, it will be binding on any recipient of such rights.

  2. 15.2.  The Company may assign, transfer, charge, or subcontract all or some of its rights or obligations under these Terms without giving notice to you or obtaining your consent.

16. LICENSE TO THIRD-PARTY

16.1. The App may contain references to third-party websites or resources, or ads. By clicking on them, you acknowledge to take sole responsibility for and assume all risk arising from your use of any third-party websites, resources, products, or services. We are not responsible for the content, products, or services on or available from those websites, third parties, resources, banners, etc.

17. MISCELLANEOUS

  1. 17.1.  These Terms represent the complete agreement between you and the Company concerning the use of the App and replace all prior agreements and representations, warranties, or understandings between you and the Company concerning the same subject matter. If you enter or have entered into any separate agreements with us in respect of any additional services, such agreement(s) and these Terms shall both apply. To the extent that there is any conflict between the terms of any such agreement and these Terms in relation to such additional services, the provisions of the relevant agreement will prevail, save that any provision of these Terms will prevail where it is necessary or desirable for it to do so in order for us to comply with applicable law and regulations.

  2. 17.2.  If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and not be affected.

  3. 17.3.  The language of these Terms is English, and any translations are provided only after a specific request.

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18. CONTACT INFORMATION

18.1. If you have any questions concerning these Terms, you may contact us at info@riv- technologies.com.

18.2. All communications from the Company to you will be received at the email address which you used to sign up for Riv Wallet.

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