OCEAN MONEY USER AGREEMENT
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CRYPTO ASSET SERVICES AND DIGITAL PAYMENT SERVICES LAST UPDATED: 26 FEBRUARY 2024

IMPORTANT NOTICE:

You should be aware that the risk of loss in trading or holding Crypto Assets can be substantial. As with any asset, the value of Crypto Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Crypto Assets.

You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition, and carefully consider whether trading or holding Crypto Assets is suitable for you.

This user agreement is for customers who reside outside the United States.

By signing up to use an account through https://ocean.money/ or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this user agreement (the “Agreement”).

This Agreement is a contract between you as user and the following:

1. OCEAN MONEY AG (“Ocean Swiss”) a Swiss company with company number CHE- 174.263.521, with registered address at Gubelstrasse 24, 6300 Zug, Switzerland and registered as a VQF SRO member with number 101105; and

2. OCEAN MONEY EU (“Ocean Europe”), a limited company incorporated in the Republic of Bulgaria with company number 207482722 and whose registered office address is at Sofia, 1124 Sredets region, 9 Tsarigradsko shose Blvd., fl. 1, ap. 2. and registered as a virtual asset service provider with the identifier UIC 207482722.

References in this Agreement to "Ocean", "we", "our" or "us", are to Ocean Swiss, Ocean Europe, and/or Ocean Money UK (once operational) depending on the services being referenced, and references to "you" or "your" are to the person with whom Ocean enters into this Agreement.

We refer to the Crypto Asset Services, Digital Payment Services, and any Additional Services (as defined below) and such other services that may be offered by Ocean from time to time, collectively, as the "Ocean Services", which can be accessed via the platform operated by Ocean (the “Ocean Platform”) (including the online platform which is accessible via the Site or at such location as may be prescribed by Ocean from time to time).

Each of the Ocean Services is provided by either Ocean Swiss, Ocean Europe or Ocean UK, as set out in clause 2 below. “Crypto Asset” means any crypto or digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network; and "Supported Crypto Asset" means only those particular Crypto Assets listed as available to trade or custody in your Crypto Asset Wallet. Services and supported assets may vary by jurisdiction.

Ocean and its Crypto Asset Services are not currently regulated by the Financial Supervision Commission, the Financial Conduct Authority, or FINMA. The Crypto Asset Services, Digital Payment Services, and any Additional Services are not subject to protection under the Financial Services Compensation Scheme or equivalent European schemes.

Amendments

We may make all other amendments to the Agreement (including in relation to any other Ocean Services) at any time by posting the revised Agreement (a “Revised Agreement”) on the Site or by providing a copy of it to you.

The Revised Agreement shall, where lawful, be effective as of the time it is posted on the Site or provided to you (unless we state otherwise) but will not apply retroactively. Your continued use of the Ocean Services after the posting or provision of a Revised Agreement constitutes your acceptance of such Revised Agreement.

If you do not agree with any such modification, you should close your Ocean Account and cease using the Ocean Services.

You agree that any notification of amendments in this manner shall be sufficient notice to you, and your continued access and/or use of Ocean Services and/or the Site shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the Revised Agreement.

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1. ELIGIBILITY

To be eligible to use any of the Ocean Services, you must be at least 18 years old and reside in a country in which the relevant Ocean Services are available and legally accessible by you. There are certain Ocean Services or features which may or may not be available to you depending on your location and other criteria.

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2. OCEAN SERVICES

2.1 Crypto Asset Services

The following services (the “Crypto Asset Services”) may be provided to you by Ocean Swiss via the Ocean Platform:

1. one or more hosted wallets enabling you to store, track, transfer, and manage Supported Crypto Assets (the “Crypto Asset Wallets”); and

2. a Crypto Asset exchange service enabling you to obtain information for your purchases and sales of Supported Crypto Assets, and (subject to certain restrictions) carry out any such purchases or sales on the Site (the “Crypto Asset Exchange Service”).

Ocean may use Striga Technology OÜ to provide the Crypto Asset Services which will be subject to separate user terms and conditions to be entered into between you and Striga Technology OÜ.

2.2 Digital Payment Services

The following services (the “Digital Payment Services”) may be provided to you by Ocean via the Ocean Platform:

1. a digital fiat wallet (“E-Money Wallet”) enabling you to store electronic money denominated in fiat currency; and

2. certain payment services enabling you to send and receive payments in fiat currency.

Ocean may use Striga Technology OÜ to provide the Digital Payment Services which will be subject to separate user terms and conditions to be entered into between you and Striga Technology OÜ.

2.3 Additional Ocean Services.

‍In addition to the core Crypto Asset Services and Digital Payment Services, additional services ("Additional Services") may be made available by Ocean Swiss, Ocean Europe, Ocean UK or another member of the Ocean Group to users that fulfil certain eligibility criteria, including, without limitation, any Additional Services described in Appendix 1.

2.4 Several Liability.

‍You agree that the liability of any of the Ocean corporate entities providing Services under this Agreement is several and not joint, and each Ocean party shall be liable only for their own respective obligations under this Agreement, and any breaches by them of those obligations. This means that each of them are responsible to you for their own breaches of this Agreement, and not for each other’s breaches.

2.5 Fees.

‍You agree to be responsible for the payment of and pay all fees. Fees for Ocean Services, as amended from time to time, can be found on the Site at the Pricing and Fees page, which shall form part of this Agreement, and for any Additional Services as set out in Appendix 1.

2.6 Ocean Group.

‍In this Agreement, “Ocean Group” means Ocean Swiss and its corporate affiliates, including Ocean Europe and Ocean UK.

3. ACCOUNT SETUP

3.1 Registration of Ocean Account.

‍To use the Ocean Services, you will need to register for a Ocean account (a "Ocean Account"), which includes the Digital Wallet(s) and the E-Money Wallet, by providing your details, including your name, email address and a password, completing certain verification procedures, and accepting the terms of this Agreement. By using an Ocean Account, you agree and represent that you will use the Ocean Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from Ocean. Each customer may register only one Ocean account. You are fully responsible for all activity that occurs under your Ocean Account. We may, in our sole discretion, refuse to open a Ocean Account for you, or suspend or terminate any Ocean Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Crypto Assets in your Ocean Account or the sending of Crypto Assets from your Ocean Account.

3.2 Third party Access.

‍If you grant express permission to a Regulated Third Party to access or connect to your Ocean Account(s), either through the Regulated Third Party's product or service or through the Site, you acknowledge that granting permission to a Regulated Third Party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any Regulated Third Party with access to your Ocean Account(s) and any action of such Regulated Third Party shall be considered to be an action authorised by you. Further, you acknowledge and agree that you will not hold Ocean responsible for, and will indemnify Ocean from, any liability arising out of or related to any act or omission of any Regulated Third Party with access to your Ocean Account(s).

You may change or remove permissions granted by you to a Regulated Third Party with respect to your Ocean Account(s) at any time through the tabs on the ‘Settings’ page on the Site.

3.3. Access, Processing and Storage of your Personal Data & Identity Verification.

‍You agree to provide us with the information we request (which we may request during registration for your Ocean Account or at any time deemed necessary) for the purposes of identity verification, providing the Ocean Services to you (including the establishment of applicable limits), and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including as set out below and permit us to keep a record of such information.

The information we request may include (but is not limited to) personal information such as your name, residential address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (e.g. international mobile subscriber identity and international mobile equipment identity) and other subscriber status details, and any such information that Ocean is required to collect from time to time under applicable law.

You may also be required to undergo “Enhanced Due Diligence”, where Ocean may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with Ocean staff so that Ocean may, among other things, establish the source of your wealth and source of funds for any transactions carried out in the course of your use of Ocean Services.

In providing us with this or any other information that may be required, you confirm that the information is true, accurate and complete, and you have not withheld any information that may influence Ocean’s evaluation of you for the purposes of your registration for a Ocean Account or the provision of Ocean Services to you. You undertake to promptly notify in writing and provide Ocean with information regarding any changes in circumstances that may cause any such information provided to become false, inaccurate or incomplete and also undertake to provide any other additional documents, records and information as may be required by Ocean and/or applicable law. You permit us to keep records of such information.

3.4 Verification Procedures and Limits.

‍Ocean uses multi-level systems and procedures to collect and verify information about you in order to protect Ocean and the community from fraudulent users, and to keep appropriate records of Ocean's customers.

Your access to one or more Ocean Services or the Ocean Platform, and limits imposed on your use of Ocean Services (including but not limited to daily or weekly conversion limits, deposit, withdrawal and trading limits), and any changes to such limits from time to time, may be based on the identifying information and/or proof of identity you provide to Ocean.

Ocean may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Ocean Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's details.

You may submit a request to us to request larger limits. Ocean will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Ocean does not guarantee that we will raise your limits.

We may make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Ocean Services and/or before permitting you to engage in transactions beyond certain volume limits. In accordance with our Privacy Policy, we reserve the right at all times to monitor, review, retain and/or disclose any information as necessary  to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.

4. CRYPTO ASSET SERVICES

4.1 In General.

‍Your Crypto Asset Wallet enables you to send Supported Crypto Assets to, and request, receive, and store Supported Crypto Assets from, other users or third parties outside the Ocean Platform, by giving instructions through the Site.

Ocean enables the purchase and sale of Supported Crypto Assets. The Crypto Asset Exchange Service enables you to buy and sell Supported Crypto Assets on the Ocean Site using:

1. Supported Crypto Assets in your Crypto Asset Wallet.

2. E-Money from your E-Money Wallet; and/or

3. Fiat currencies supported by Ocean; and/or

The transactions described in this Section are referred to in this Agreement as “Crypto Asset Transactions”.

4.2 Fiat Currency Transactions (not using your E-Money Wallet).

‍You may purchase Supported Crypto Assets by linking a valid payment method to your Crypto Asset Wallet. You authorise us to debit funds using your selected payment method(s) to complete your purchase.

Funds may be debited from your selected payment method before the status of your Crypto Asset Transaction is shown as complete, and the Supported Crypto Asset is delivered to your Crypto Asset Wallet.

You may sell Supported Crypto Assets in exchange for fiat currency (such as GBP or EUR) supported by Ocean. In such circumstances, you authorise us to debit your Crypto Asset Wallet and to send instructions to credit your selected payment method(s) in settlement of sell transactions.

4.3 Transaction Fulfilment.

‍We will make reasonable efforts to fulfil all purchases of Supported Crypto Assets, but in some circumstances, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below).

4.4 Availability of Payment Methods.

‍The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.

4.5 Conversion Fees.

‍Each purchase or sale of Supported Crypto Assets is subject to a fee (a "Conversion Fee") and, if applicable based on the service, a spread. The applicable Conversion Fee will be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction.

4.6 Exchange Rates.

Each purchase or sale of Supported Crypto Assets is also subject to the Exchange Rate for the given transaction. The "Exchange Rate" means the price of a given Supported Crypto Assets in fiat currency as quoted on the Site. The Exchange Rate is stated either as a "Buy Price" or as a "Sell Price", which is the price at which you may buy or sell Supported Crypto Assets, respectively.

You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Supported Crypto Assets on the open market at any particular price or time.

4.7 Authorisations; Reversals; Cancellations.

‍By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are authorising Ocean to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion Fees and Exchange Fees and any other fees.

You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorise us, in our sole discretion, either to cancel the transaction or to debit your other payment methods, including balances on your E-Money Wallet and/or Crypto Asset Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. Ocean reserves the right to suspend access to any and all Ocean Services until such insufficient payment is addressed.

4.8 Crypto Asset Transactions.

‍We will process Crypto Asset Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.

Crypto Asset Transactions cannot be reversed once they have been broadcast to the relevant Crypto Asset network. If you initiate a Crypto Asset Transaction by entering the recipient's email address or mobile phone number and the recipient does not have an existing Ocean Account, we will invite the recipient to open a Ocean Account. If the recipient does not open a Ocean Account within 30 days, we will return the relevant Supported Crypto Asset to your Crypto Asset Wallet.

We may charge network fees (“miner fees”) to process a Crypto Asset Transaction on your behalf. We will calculate the miner fees at our discretion.

Once submitted to a Crypto Asset network, a Crypto Asset Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Crypto Asset network. A Crypto Asset Transaction is not complete while it is in a pending state. Crypto Assets associated with Crypto Asset Transactions that are in a pending state will be designated accordingly and will not be included in your Crypto Asset Wallet balance or be available to conduct Crypto Asset Transactions until confirmed by the network.

We may also refuse to process or cancel any pending Crypto Asset Transaction as required by law, regulation or any court or other authority to which Ocean is subject in any jurisdiction, for instance, if there is suspicion of money laundering, terrorist financing, fraud, or any other financial crime.

4.9 Supported Crypto Assets.

‍Our Crypto Asset Services are available only in connection with Supported Crypto Assets.

Under no circumstances should you attempt to use your Crypto Asset Wallet to store, send, request, or receive Crypto Assets in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your Crypto Asset Wallet for Crypto Assets that we do not support or with regard to a Supported Crypto Asset sent to an incompatible Crypto Asset wallet address. All such erroneously transmitted Crypto Assets will be lost. You acknowledge and agree that Ocean bears no responsibility and is not liable for any unsupported asset that is sent to a wallet associated with your Ocean Account. If you send an unsupported Crypto Asset to a wallet associated with your Ocean Account, then you will lose that Crypto Asset.

By initiating an Inbound Transfer, you attest that you are transacting in a Supported Crypto Asset that conforms to the particular wallet address to which funds are directed. For example, if you select a Bitcoin wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Bitcoin alone, and not any other Crypto Asset such as Bitcoin Cash or Ethereum.

If you have any questions about which Crypto Assets we currently support, please visit https://support.ocean.money.

4.10 Ending support of a Crypto Asset.

‍Ocean may in its sole discretion terminate support for any Crypto Asset. Ocean will to the extent required by applicable law provide you with the minimum period of advance notice required by applicable law or a regulatory authority via email to the email address associated with your Ocean account to announce the end of such support. If you do not sell or send such Crypto Assets off the Ocean Platform during this time, Ocean reserves the right to withdraw such Crypto Assets from your account and credit your Ocean Account with the market value of a Supported Crypto Asset or a fiat currency (which denomination will be selected in our reasonable discretion).

4.11 Supplemental Protocols Excluded.

‍Unless specifically announced on the Site, or otherwise as set forth in this Agreement, Supported Crypto Assets excludes all other protocols and/or functionality which supplement or interact with the Supported Crypto Asset. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Crypto Asset (collectively, “Supplemental Protocols”).

Do not use your Ocean Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such Supplemental Protocols, as the Ocean Platform is not configured to detect, secure, or process these transactions and functionalities. Any attempted transactions in such items will result in loss of the item.

You acknowledge and agree that other than as set out in this Agreement, Supplemental Protocols are excluded from Supported Crypto Assets and that Ocean has no liability for any losses related to Supplemental Protocols.

4.14 Operation of Crypto Asset Protocols.

‍Ocean does not own or control the underlying software protocols which govern the operation of Crypto Assets. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them.

We assume no responsibility for the operation of the underlying protocols and we do not guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols relating to any Crypto Asset you store in your Crypto Asset Wallet may change.

In particular, the underlying protocols are likely to be subject to sudden changes in operating rules (including “forks”). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Crypto Asset you store in your Crypto Asset Wallet. Ocean does not control the timing and features of these operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Ocean in determining whether to continue to transact in the affected Crypto Asset using your Ocean Account. In the event of any such operational change, Ocean reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the Ocean Platform, including, without limitation, temporarily suspending operations for the involved Crypto Asset(s), and other necessary steps;

You acknowledge and accept the risks of operating changes to Crypto Asset protocols and agree that Ocean is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that Ocean has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported Crypto Assets or protocols. You further acknowledge and accept that Ocean has no responsibility to support new Crypto Asset forks or operating changes for Crypto Assets.

4.15 Fungibility of Certain Crypto Assets.

‍You acknowledge and agree that Ocean may hold Supported Crypto Assets in your Crypto Asset Wallets in a variety of different ways, including across multiple blockchain protocols, such as layer two networks, alternative layer one networks, or side chains. In connection with its holding of Supported Crypto Assets in your Crypto Asset Wallets, Ocean may transfer such Crypto Assets off of the primary blockchain protocol and hold such Crypto Assets on shared blockchain addresses, controlled by Ocean, on alternative blockchain protocols in forms compatible with such protocols. You agree that all forms of the same Crypto Assets that are held and made available across multiple blockchain protocols may be treated as fungible and the equivalent of each other, without regard to (a) whether any form of such Crypto Assets is wrapped or (b) the blockchain protocol on which any form of such Crypto Asset is stored.

4.16 Crypto Asset Storage & Transmission Delays.

‍The Ocean Group securely stores Crypto Asset private keys, in a combination of online and offline storage. Our security protocols may delay the initiation or crediting of a Crypto Asset Transaction.

4.17 Third Party Payments.

‍We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or receive from, or sell or transfer to, any third party (including other users of the Crypto Asset Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Crypto Assets transferred using the Crypto Asset Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.

If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, please notify Ocean Support at: support@ocean.money so that we may consider what action to take, if any.

4.18 Crypto Asset Title.

‍All Supported Crypto Assets held in your Crypto Asset Wallet are assets held by the Ocean Group for your benefit on a custodial basis.

1. Title to Supported Crypto Assets shall at all times remain with you and shall not transfer to any company in the Ocean Group. As the owner of Supported Crypto Assets in your Crypto Asset Wallet, you shall bear all risk of loss of such Supported Crypto Assets. No company within the Ocean Group shall have any liability for fluctuations in the fiat currency value of Supported Crypto Assets held in your Crypto Asset Wallet.

2. In order to more securely hold Supported Crypto Assets, the Ocean Group may use shared blockchain addresses, controlled by a member of the Ocean Group, to hold Supported Crypto Assets held on behalf of customers and/or held on behalf of Ocean.

3. Customers’ Supported Crypto Assets are segregated from the Ocean Group’s own Crypto Assets or funds by way of separate ledger accounting entries for customer and Ocean Group accounts. The Ocean Group shall not have any obligation to use different blockchain addresses to store Supported Crypto Assets owned by you and Supported Crypto Assets owned by other customers or by the Ocean Group.

4. Ocean is under no obligation to issue any replacement Crypto Assets in the event that any Crypto Asset, password or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible.

5. DIGITAL PAYMENT SERVICES

5.1 Loading.

‍You can load funds into your E-Money Wallet using bank transfer (or other payment methods available on the Site for your location), and your E-Money Wallet will show loaded funds once we have received them. Loading of funds may be done manually, or as part of a recurring transaction that you set up on your Ocean Account. You may only load your own funds, from your own account, and not from any joint, pooled or third-party account. When funds are loaded into the E-Money Wallet you will be issued with E-Money by Striga Technology OÜ that represents the funds you have loaded. The E-Money Wallet is not a deposit or investment account which means that your E-Money will not be protected by the Financial Services Compensation Scheme.

5.2 Striga Technology OÜ.

‍Striga Technology OÜ will hold funds received from users in a designated safekeeping account with a regulated financial institution. E-Money held in an E-Money Wallet will not earn any interest. Your E-Money Wallet may hold E-Money denominated in applicable currencies and we will show the E-Money balance for each currency that you hold.

5.3 Purchase or Sale of Crypto Assets.

‍You may purchase Supported Crypto Assets by using E- Money credited to your E-Money Wallet. To carry out a Crypto Asset Transaction using E-Money, you must follow the relevant instructions on the Site and you authorise us to debit E-Money from your E-Money Wallet when making a purchase of Supported Crypto Assets using E-Money. Subject to these terms, a purchase of Supported Crypto Assets will usually be initiated on the business day we receive your instructions. Supported Crypto Assets purchased with E-Money will usually be deposited in your Crypto Asset Wallet instantly. Although we will attempt to deliver Supported Crypto Assets to you as promptly as possible, E-Money may be debited from your E-Money Wallet before Supported Crypto Assets are delivered to your Crypto Asset Wallet.

You may sell Supported Crypto Assets in exchange for E-Money or send Supported Crypto Assets off the Ocean Platform as soon as funds for the purchase of the Supported Crypto Asset have settled to Ocean, which in the case of E-Money is usually one business day after we receive your instructions. You authorise us to debit your Crypto Asset Wallet and credit your E-Money Wallet with the relevant amount of E-Money.

5.4 Receipt of Instructions.

‍If we receive instructions from you to purchase Supported Crypto Assets using E-Money on a non-business day or after 4:30 pm (London time) on a business day, we may treat those instructions as if they were received by us on the following business day.

5.5 Revocation.

‍When you give us instructions to carry out a Crypto Asset Transaction using E- Money, you cannot withdraw your consent to that Crypto Asset Transaction unless the Crypto Asset Transaction is not due to occur until an agreed date in the future e.g. if you have set up Future Transactions. In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is due to take place. To withdraw your consent to a Future Transaction, follow the instructions on the Site.

5.6 Unsuccessful Payments.

‍If a payment to load funds into your E-Money Wallet is not successful, you authorise Ocean, in its sole discretion, either to cancel any related Crypto Asset Transactions or to debit your other payment methods, including Ocean balances or other linked accounts, in any amount necessary to complete the Crypto Asset Transactions in question. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, or similar fees charged by your payment provider.

5.7 Account Information.

‍You will be able to see your E-Money Wallet balance and your transaction history including Card Transactions using the Site, including (i) the amount (and currency) of each Supported Crypto Asset purchase, (ii) a reference to identify the payer and / or payee (as appropriate), (iii) any fees charged (including a breakdown of the fees), (iv) where there has been a currency exchange, the rate of exchange, and the amount (in the new currency) after exchange (where you are the payer) or the amount (in the original currency) before the exchange (where you are the payee), and (v) the debit or credit date of each Supported Crypto Asset purchase (as appropriate).

5.8 Redeeming E-Money.

‍You may redeem all or part of any E-Money held in your E-Money Wallet at any time by selecting the relevant option in the Site and following the instructions. Unless agreed otherwise, funds will be transferred to the bank account you have registered with us. If this Agreement is terminated, we will redeem any E-Money remaining in your E-Money Wallet and attempt to transfer funds to the bank account you have registered with us. Prior to redeeming E- Money from your E-Money Wallet, we may conduct checks for the purposes of preventing fraud, money laundering, terrorist financing and other financial crimes, and as required by applicable law. This may mean you are prevented or delayed from withdrawing E-Money until those checks are completed to our reasonable satisfaction in order to comply with our regulatory requirements.

5.9 Unauthorised and Incorrect Transactions.

‍Where a purchase of Supported Crypto Assets and / or redemption of E-Money is initiated from your E-Money Wallet using your credentials, we will assume that you authorised such transaction, unless you notify us otherwise.

If you believe that a transaction using your E-Money Wallet has been carried out that you did not authorise (an “Unauthorised Transaction”), or if you have reason to believe that a transaction using your E-Money Wallet has been incorrectly carried out or is not complete (an “Incorrect Transaction”), you must contact us as soon as possible via our help page at https://help.ocean.money, and in any case no later than 13 months after the Unauthorised Transaction or Incorrect Transaction occurred.

It is important that you regularly check your E-Money Wallet balance and your transaction history to ensure any Unauthorised Transactions or Incorrect Transactions are identified and notified to us at the earliest possible opportunity.

We are not responsible for any claim for Unauthorised Transactions or Incorrect Transactions. During any investigation of any actual or potential Unauthorised Transactions or Incorrect Transactions, we reserve the right to suspend your Ocean Account to avoid further losses.

5.10 Appointment of Regulated Third Parties.

You may appoint appropriately licensed third parties to access your E-Money Wallet (“Regulated Third Parties”). If you do so, you should be aware that by virtue of such access, that Regulated Third Party may access your transactional and other data, and / or may initiate transfers from your E-Money Wallet. You will be liable for any actions that any Regulated Third Parties take on your Ocean Account. We reserve the right to refuse access to any Regulated Third Parties.

5.11 Refusing to deal with Regulated Third Parties.

‍We may refuse access to Regulated Third Parties for reasons relating to unauthorised or fraudulent access to your E-Money Wallet, money laundering, terrorist financing, fraud, or any other financial crime, and as required by applicable law. In such cases, unless we are prohibited by applicable law, we will inform you that that Regulated Third Party's access has been denied and the reasons why. We will permit access again once we are satisfied that the reasons for refusing access no longer exist.

5.12 Consent.

‍By opening a Ocean Account you provide your explicit consent to us providing the Digital Payment Services to you. You can withdraw this consent at any time by closing your Ocean Account.

For the avoidance of doubt, this consent does not relate to our processing of your personal information or your rights under and in accordance with data protection law and regulations. Please see our Privacy Policy for information about how we process your personal data, and the rights you have in respect of this.

5.13 Financial Ombudsman Service.

‍If you have a complaint relating to the Digital Payment Services provided to you by Ocean UK, and that complaint cannot be resolved through our disputes process, you may then be able to take unresolved complaints to the Financial Ombudsman Service ("FOS"). You agree that you will not raise a complaint with the FOS until the dispute process with us has been completed. You can find further information about the FOS and the types of complainants eligible to submit matters to the FOS using the following details:

Address: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR

Telephone: 0800 023 4567 or 0300 123 9 123

Email: complaint.info@financial-ombudsman.org.uk

Website: http://www.financial-ombudsman.org.uk

5.14 Payment Services Partners.

Ocean may use other third party payment processors in addition to Striga Technology OÜ to process any payment between you and Ocean, including but not limited to payments in relation to your use of the Crypto Asset Transactions or deposits or withdrawals from your E-Money Wallet or Ocean Account.

5.15 E-Money Safeguarding obligations.

‍In Europe, customer money is always kept separate from the corporate funds or “own-funds” of Striga Technology OÜ and/or Ocean. This is because your funds will be in an account in your own name which is segregated with either Striga Technology OÜ This is required by law and is known as safeguarding. As part of its safeguarding obligations under the relevant regulations, Striga Technology OÜis required to safeguard an amount equal to all e-money issued on its platform with a central bank or permitted credit institutions. In addition, and as required and set by the regulations, they must also hold a regulatory buffer.

Ocean, Striga Technology OÜ will never lend out your money like a retail bank. Ocean is not a bank and does not offer traditional banking deposit taking services. If Striga Technology OÜ were to become insolvent, then the funds returned to Ocean’s clients would only be less than the total held in their account(s) if the costs to arrange repayment and the costs of administrators coordinating the return of customers funds exceeded the regulator buffer that Striga Technology OÜ are required to hold.

6. TRANSACTIONS LIMITS

The use of all Ocean Services is subject to a limit on the volume, stated in GBP, EUR or other fiat currency or Crypto Assets, you may transact or transfer in a given period (e.g. daily). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at https://help.ocean.money.

7. SUSPENSION, TERMINATION, AND CANCELLATION

7.1 Suspension, Termination and Cancellation.

We may: (a) refuse to complete, or place on hold, block, cancel or reverse a transaction you have authorised (even after funds have been debited from your Ocean Account), (b) suspend, restrict, or terminate your access to any or all of the Ocean Services, and/or (c) deactivate or cancel your Ocean Account with immediate effect for good reason

We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient E-Money in your E-Money Wallet and / or insufficient Crypto Assets in your Crypto Asset Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction or if your credit or debit card or any other valid payment method linked to your Ocean Account or Crypto Asset Wallet is declined.

7.2. If we refuse to complete a transaction and / or suspend, restrict or close your Ocean Account, and / or terminate your use of Ocean Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your Ocean Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.

We may suspend, restrict, or terminate your access to any or all of the Ocean Services and/or deactivate or cancel your Ocean Account, without reason by giving you two weeks’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Ocean Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that Ocean is under no obligation to disclose the details of its risk management and security procedures to you.

7.3 Consequences of Termination or Suspension.

‍On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which Ocean is subject in any jurisdiction, you are permitted to access your Ocean Account:

1. for thirty (30) days thereafter for the purposes of transferring Supported Crypto Assets out of your Crypto Asset Wallet(s) and/or out of the Ocean Platform; and/or

2. at any point in the six-year period commencing with the date of the termination of this Agreement for the purposes of transferring E-Money out of your E-Money Wallet and/or out of the Ocean Platform.

You are not permitted to use the Ocean Services or your Ocean Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Ocean Platform or access to the Site for you accordingly.

If we suspend or close your Ocean Account or terminate your use of Ocean Services for any reason, we reserve the right to require you to re-complete the identification procedures outlined in these terms before permitting you to transfer or withdraw Supported Crypto Assets or E-Money.

You may cancel your Ocean Account at any time via the Site. You will not be charged for cancelling your Ocean Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.

7.4 Ocean may discontinue or change any product, service, or feature, in its sole discretion, at any time. You agree that we may transfer you to a product or service that is reasonably similar to the discontinued or changed product or service, to the extent such product or service exists. We will provide you with prior notice of material changes, discontinuation, or the transfer related to a product, service, or feature, to the extent required or applicable

8. LIABILITY

8.1 Indemnification.

‍You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our Prohibited Use Policy or your violation of any law, rule or regulation, or the rights of any third party.

8.2 Limitations of Liability.

‍Ocean’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by Ocean of this Agreement shall be limited to a maximum aggregate value of the combined value of the Supported Crypto Assets and E-Money on deposit in your E-Money Wallet and your Crypto Asset Wallet at the time of the breach by Ocean giving rise to your claim. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.

8.3 Limitation of loss.

‍In addition to the liability cap above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:

1. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same; or any damages arising out of or relating to Crypto Assets that are not Supported Crypto Assets;

2. any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same;

3. any loss of use of hardware, software or data and / or any corruption of data; as well as and including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of Crypto Asset price data; any error, delay or interruption in the transmission of such data; viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf or any of the Ocean Services or any website or services linked to our websites; glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf or any of the Ocean services; suspension or other action taken with respect to your Ocean Account; and

4. any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

8.4 Applicable law.

‍The limitation of liability in this Section is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Ocean Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.

8.5 No Warranties.

‍The Ocean Services, the Ocean Platform and the Site are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the Ocean Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Ocean Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

Any materials, information, view, opinion, projection or estimate presented via the Site is made available by Ocean for informational purposes only, and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view opinion, projection or estimate provided on the Site and/or the Site. Accordingly, no warranty whatsoever is given by Ocean and no liability whatsoever is accepted by Ocean for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in or made available through the Site and/or the Site.

The Ocean Services, Ocean Platform and Site are not intended to provide specific investment, tax or legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment in the investments or products. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you.

8.7. No Liability for Breach.

‍We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

9. SITE AVAILABILITY AND ACCURACY

9.1 Access & Availability.

‍Access to Ocean Services may become degraded or unavailable during times of significant volatility or volume. This could result in limitations on access to your Ocean Account or the Ocean Services, including the inability to initiate or complete transactions and may also lead to support response time delays.

1. we do not guarantee that the Site or other Ocean Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open or that your Ocean Account will be accessible; and

2. please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.

Under no circumstances shall Ocean be liable for any alleged damages from or arising out of service interruptions, delays in processing transactions, inability to execute transactions, or lack of timely response from Ocean customer support. Ocean shall not be liable for any alleged losses that you suffer from a drop in Crypto Asset prices.

9.2 Website Accuracy.

‍The Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

Information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.

Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site.

10. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION

10.1 Contact Ocean.

‍If you have any feedback, questions, or complaints, contact us via our ‘Customer Support’ webpage at https://support.ocean.money.

10.2 Complaints.

‍If you have a complaint with Ocean, you agree to first contact our support team to attempt to resolve such complaint.

In the event of a complaint which has not been resolved through your contact with Ocean Support, please use our complaint form to set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. The complaint form can be found on the Ocean support pages, or can be requested from Ocean Customer Support, who are also able to assist with this process where an oral complaint is raised.

1. Disputes related to E-Money Services. If your complaint relates to any E-Money Services or the Card, you may be entitled to take that complaint to the FOS.

2. Disputes related to Ocean Services, Ocean Platform, or the Site. For complaints or disputes arising out of or in connection with this Agreement or the provision of Ocean Services, the Ocean Platform or the Site, that cannot be resolved via the complaint process set out above, you submit to the non-exclusive jurisdiction of the courts of England and Wales without prejudice to any mandatory rights available to consumers (being individuals not engaged in conduct related to their trade, business or profession, “Consumers”) to commence proceedings against Ocean before the courts of the jurisdiction in which they are domiciled.

11. DATA PROTECTION

11.1 Personal Data.

‍You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associated individuals (if you are not an individual), in connection with this Agreement, or the Ocean Services. We will process this personal data in accordance with the Privacy Policy, which shall form part of this Agreement. Accordingly, you represent and warrant that:

1. your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data are accurate, up to date and relevant when disclosed;

2. before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy, a copy of which is available here: Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided the individual with a copy of, or directed the individual towards a webpage containing that Privacy Policy (as amended from time to time); and

3. if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us.

12. SECURITY

12.1 Password Security.

‍In order to access Ocean Services, you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access Ocean Services safe and maintaining adequate security and control of any and all security details that you use to access the Ocean Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected.

Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Ocean Account by third-parties and the loss or theft of any E-Money, Crypto Assets and/or funds held in your Ocean Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.

You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your Ocean Account. Ocean will never under any circumstances ask you for your passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your account unless specifically authorised in accordance with these terms. Always log into your Ocean Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Ocean. We further assume no responsibility for your failure to follow the requirements set out in this section, or follow or act on any notices or alerts that we may send to you.

12.2 Authentication and Verification.

‍In order to access Ocean Services users are required to provide an email address and create a password. Ocean offers two-factor authentication via a user’s mobile device (Short Message Service (“SMS”) or a supported Time-based One Time Password application. A verified phone number is required to enable two-factor authentication via SMS. Users are responsible for keeping electronic devices through which Ocean Services are accessed safe and maintaining adequate security and control of any and all security details that are used to access the Ocean Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user’s Ocean Account by third-parties and the loss or theft of any E- Money, Crypto Assets and/or funds held in your Ocean Account and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s).

12.3 Security Breach.

‍If you suspect that your Ocean Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or Ocean (collectively, a “Security Breach”), you must:

1. notify Ocean Support immediately;

2. provide accurate and up to date information throughout the duration of the Security Breach; and

3. you must take any steps that we reasonably require to reduce or manage any Security Breach.

Prompt reporting of a Security Breach does not guarantee that Ocean will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.

12.4 Safety and Security of Your Computer and Devices.

‍Ocean is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

13. COMMUNICATIONS

13.1 Electronic Delivery of Communications.

‍You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Ocean Account and your use of Ocean Services. Communications include:

1. terms of use and policies you agree to, including updates to these agreements or policies;

2. account details, history, transaction receipts, confirmations, and any other account or transaction information;

3. legal, regulatory, and tax disclosures or statements we may be required to make available to you; and

4. responses to claims or customer support inquiries filed in connection with your Ocean Account.

Unless otherwise specified in this Agreement, we will provide these Communications to you by posting them on the Site, emailing them to you at the primary email address listed in your Ocean Account, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification, and you agree that such Communications will constitute sufficient notice of the subject matter therein.

13.2 How to Withdraw Your Consent.

‍You may withdraw your consent to receive Communications electronically by contacting us. If you fail to provide or if you withdraw your consent to receive Communications in the specified manner, Ocean reserves the right to immediately close your Ocean Account or charge you additional fees for paper copies of the Communications.

13.3 Updating your Information.

‍It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Ocean sends you an electronic Communication but you do not receive it because your primary email address you have provided is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Ocean will be deemed to have provided the Communication to you.

You may update your information by logging into your Ocean Account and visiting settings or by contacting our support team.

14. GENERAL

14.1 Your Compliance with Applicable Law.

‍You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the Ocean Services, the Ocean Platform and the Site.

14.2 Limited Licence.

‍All content included in or made available through the Ocean Services, the Site or any related content materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (“Content”) is the property of the Ocean Group or its content providers and protected by United States and international copyright and intellectual property law. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Ocean Services, the Site, and Content solely for approved purposes as permitted by us from time to time. Any other use of the Ocean Services, the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of Ocean and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

“ocean.money”, and the following non-exhaustive list, including OCEAN MONEY, WAVE, and without limitation, any graphics, logos, button icons, and service names included in or made available through any Content, and all logos related to the Ocean Services or displayed on the Site are trademarks or trade dress of Ocean or its licensors in the United States and other countries. You may not copy, imitate or use them without our prior written consent for any purpose, including, without limitation, in: connection with any product or service that is not authorised by Ocean; any manner that is likely to cause confusion among customers; or a way that disparages or discredits Ocean.

14.3 Export Controls & Sanctions.

‍Your use of the Ocean Services and the Site is subject to applicable law including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. By sending, receiving, buying, selling, trading or storing Crypto Assets through the Site or Ocean Services, you agree that you will comply with all applicable law. You are not permitted to acquire Crypto Assets or use any of the Ocean Services through the Site if doing so would, directly or indirectly, violate applicable law, which include but are not limited to those promulgated by the United Nations Security Council, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”, including but not limited to the Specially Designated Nationals (“SDN”) List and other non-SDN restricted or blocked parties lists), the European Union, the United Kingdom, and/or any other applicable national, regional, provincial, state, municipal or local laws and regulations (each as amended from time to time). You also acknowledge and agree to hold Ocean harmless for any losses caused by delays or refusals to process a transaction that result from Ocean’s obligation to ensure compliance with applicable export controls or sanctions.

14.4 Relationship of the Parties.

‍Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you or Ocean, or authorise you to act as an agent of Ocean.

14.5 Privacy of Others.

‍If you receive information about another user through the Ocean Services, you must keep the information confidential and only use it in connection with the Ocean Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through the Ocean Services.

14.6 Contact Information.

‍You are responsible for keeping your contact details (including your email address and telephone number) up to date in your Ocean Account profile in order to receive any notices or alerts that we may send to you (including notices or alerts of actual or suspected Security Breaches).

14.7 Taxes.

‍The tax treatment of Crypto Asset Transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions using Ocean Services under this Agreement. Users are solely responsible for reporting and paying any applicable taxes arising from transactions using Ocean Services, and acknowledge that Ocean does not provide investment, legal, or tax advice governing these transactions. You understand that Ocean may report information with respect to your transactions, payments, transfers, or distributions made by or to you with respect to your activities using Ocean Services to a tax or governmental authority to the extent such reporting is required by applicable law. Ocean also shall withhold or add taxes applicable to your transactions or to payments or distributions made or deemed made to you to the extent such withholding or addition is required by applicable law. From time to time, Ocean shall ask you for tax documentation or certification of your taxpayer status as required by applicable law, and any failure by you to comply with this request in the time frame identified may result in withholding and/or remission of taxes to a tax authority as required by applicable law. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to Crypto Asset Transactions.

14.8 Unclaimed Property.

‍If we hold E-Money or Supported Crypto Assets on your behalf, and have no record of your use of the Ocean Services for several years and are unable to contact you, applicable law may require us to deliver any such E-Money or Supported Crypto Assets to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

14.9 Death of Account Holder.

‍In the event of the account holder's death, the Ocean Account shall be frozen for security purposes. Access to the account will be granted upon presentation of legal documentation by the designated executor or trustee or satisfactory proof of the account holder's survival. In the absence of a designated executor/trustee, the account holder's heir or a court-appointed executor/trustee shall be recognized. In cases of uncertainty, a court order may be required to resolve executor/trustee issues.

14.10 Entire Agreement.

‍This Agreement (including documents incorporated by reference herein, including the Privacy Policy, the Cookie Policy, the Prohibited Use Policy and Appendices) comprise the entire understanding and agreement between you and Ocean as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement) between you and Ocean.

14.11 Interpretation.

‍Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

14.12 Transfer and Assignment.

‍This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We reserve the right to assign our rights without restriction (except to the extent of any notice requirement under applicable law), including without limitation to any Ocean affiliates or subsidiaries, or to any successor in interest of any business associated with the Ocean Services. In the event that Ocean is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

14.13 Security Interests.

‍You must not create security over your E-Money or Crypto Assets unless you have obtained our prior approval in writing.

14.14 Invalidity.

‍If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.

14.15 Enforcement of Our Rights.

‍We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.

14.16 Language.

‍This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.

14.17 Change of Control.

In the event that Ocean is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.

14.18 Survival.

‍All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, Ocean Account cancellation, debts owed to Ocean, general use of the Ocean Platform or Site, disputes with Ocean, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.

14.19 Governing Law and Jurisdiction.

‍This Agreement and the relationship between us shall be governed by the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales.