Terms of Use

Crypto Made Simple with Zenith Wallet

These Zenith Wallet Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Zenith Wallet group of companies оr operating under any Zenith Wallet brand name or trademark (“Zenith Wallet” or “we”), governing our contractual relations in regard to your use of Zenith Wallet’s services, products, websites, and mobile applications, along with any applicable third-party terms. You and Zenith Wallet are hereinafter separately referred to as “Party” and jointly - as “Parties”.

You shall take your time and carefully read these Terms before using the services, products, websites, and mobile applications provided by Zenith Wallet. Keep in mind that by using the services, products, websites, and mobile applications provided by Zenith Wallet (even only by completing the sign-up process), you both actively agree with these Terms and enter into contractual relations with Zenith Wallet.

You shall take your time and carefully read these Terms before using the services, products, websites, and mobile applications provided by Zenith Wallet. Keep in mind that by using the services, products, websites, and mobile applications provided by Zenith Wallet (even only by completing the sign-up process), you both actively agree with these Terms and enter into contractual relations with Zenith Wallet.

Definations

1. Applicable Law means any law, statute, regulation, ordinance, treaty, guideline, policy and act issued by any governmental or regulatory authority in any relevant jurisdiction, including but not limited to the governing law under Section XVIII of these Terms and/or any provision of the Exhibits thereto.

2. Base Asset means the first Digital Asset in the Trading Pair, as indicated on the Zenith Wallet Platform and in the Zenith Wallet Account, which may be chosen by you for the purpose of an Exchange Transaction.

3. Business Day(s) means any day(s) when banking institutions in the relevant jurisdiction are open for normal business activities (which usually means any day(s) except Saturday, Sunday or public holidays).

4. Counter Asset means the second Digital Asset in the Trading Pair, as indicated on the Zenith Wallet Platform and in the Zenith Wallet Account, which may be chosen by you for the purpose of an Exchange Transaction.

5. Credit Wallet means a Digital Asset Wallet in the Client’s Zenith Wallet Account comprising all the Digital Assets of this Client used or intended to be used as Collateral of Zenith Wallet Crypto Credits, but excluding the Digital Assets serving as Collateral in the Futures Wallet.

6. Crypto Bundle means a pre-determined selection of Digital Assets serving as Counter Assets, where the Client may, under a single Order, execute several Exchange Transactions using a common Base Asset, divided equally between the Trading Pairs.

7. Digital Assets means any digital assets, such as cryptocurrencies, stablecoins and tokenized assets, including Zenith Wallet Tokens, approved and supported by Zenith Wallet, and subject to revision, prohibitions and limitations at any time.

8. Digital Asset Wallet means a wallet wherein all the Digital Assets approved and supported by Zenith Wallet can be stored by the Client.

9. Dual Investment Subscription means an order whereby you subscribe to the Zenith Wallet Dual Investment Product by choosing the amount and type of the Subscription Currency and the Settlement Date for the execution of an Exchange Transaction for the Settlement Currency at the specified by you Target Price, according to the settlement preconditions as defined in Exhibit VIII.

10. Eligible Digital Asset means the Digital Asset indicated on the Zenith Wallet Platform and in the Zenith Wallet Account, eligible for using the Zenith Wallet Staking Product, subject to revision from time to time, at our sole and absolute discretion.

11. Entry Price means the price at which a Futures Contract is opened.

12. EURx/GBPx/USDx means a native Digital Asset of Zenith Wallet, available only on the Zenith Wallet Platform.

13. Exchange means any exchange used by Zenith Wallet for the purpose of an Exchange Transaction.

14. Exchange Price means the price at which an Exchange Transaction is executed by Zenith Wallet, including the relevant Fees, if any.

15. Exchange Transaction means a sale transaction regarding a Trading Pair initiated by the Client in the Zenith Wallet Account, by an Order to Zenith Wallet to place a sale order with an Exchange(s) and execute a sale transaction thereon, and/or the sale transaction executed by Zenith Wallet on the relevant Exchange(s), while the above sale transactions may be more than one, as the case may be and to the extent needed and applicable.

16. Exit Price means the price at which a Futures Contract is closed.

17. Fees means any fees payable to Zenith Wallet with regard to the Zenith Wallet Account and use of the Zenith Wallet Services, as indicated on the Zenith Wallet Platform and/or in the Zenith Wallet Account at a given time or otherwise agreed with us, and subject to revision from time to time, at our sole and absolute discretion.

18. Fork means a software change to the underlying protocols of the Digital Assets’ networks.

19. Funding Fees means any Fees due by the Client in regard to a Futures Contract, including but not limited to the Funding Rate.

20. Funding Rate means any positive or negative rate derived from the information from the relevant Exchange(s), and used by Zenith Wallet to determine the Funding Fees due by the Client in regard to a Futures Contract.

21. Futures Contract means a Perpetual Futures contract collateralized by a stablecoin determined by Zenith Wallet, regarding which a Futures Order can be executed through the Zenith Wallet Platform.

22. Futures Order means an instruction to Zenith Wallet for opening or closing a Futures Contract, which can be executed through the Zenith Wallet Platform, and any other related transaction.

23. Futures Wallet means a Digital Asset Wallet in the Client’s Zenith Wallet Account comprising all the Digital Assets of this Client used or intended to be used as Collateral of Zenith Wallet Crypto Credits for the execution of Futures Orders.

24. Intellectual Property means any intellectual and industrial property rights, belonging to Zenith Wallet, including, but not limited to trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade and company names, etc.

25. Interest means the interest rate accrued in relation to the relevant Zenith Wallet Service and subject to revision at any time, as well as the amount of the interest resulting from the accrual.

26. Leverage means the amount of Digital Assets that you can use to multiply your position in a Futures Contract, within the limits as indicated on the Zenith Wallet Platform.

27. Locked Balance means the amount of Collateral in your Futures Wallet, which cannot be withdrawn or disposed of in any manner until the closing, execution, cancellation or rejection of the relevant Futures Contract, or repayment of the related Zenith Wallet Crypto Credit.

28. Margin Risk means the metric through which Zenith Wallet monitors the collateralization of your Zenith Wallet Crypto Credit granted for the use of the Zenith Wallet Futures Product.

29. Zenith Wallet Account means a personal or business account opened with Zenith Wallet, through which you can use the Zenith Wallet Services.

30. Zenith Wallet Booster means a product offered by Zenith Wallet, combining the features of the Zenith Wallet Crypto Credit and the Zenith Wallet Exchange Service and allowing you to multiply your Portfolio Balance within the limits, for the Digital Assets and under the conditions, as indicated in these Terms, on the Zenith Wallet Platform and in the Zenith Wallet Account.

31. Zenith Wallet Card means a product offered by and issued under the brand name of Zenith Wallet, which can be used in certain jurisdictions, as the case may be, in relation to the Zenith Wallet Services.

32. Zenith Wallet Card Currency means the currency chosen by the Client upon issuance of a Zenith Wallet Card, among the options provided by the card provider, as indicated in the Zenith Wallet Account and on the Zenith Wallet Platform.

33. Zenith Wallet Crypto Credit means any Digital Assets credit facility granted by Zenith Wallet and the total amount of the credit due by the Client to Zenith Wallet at any time until its full repayment, including the principal, the Interest and any Fees due to Zenith Wallet in accordance with these Terms and the relevant Exhibit.

34. Zenith Wallet Dual Investment Product means a product offered by Zenith Wallet, combining the features of the Zenith Wallet Earn Interest Product and the Zenith Wallet Exchange Service and allowing you to execute an Exchange Transaction if the Target Price is reached at the Settlement Date, while earning Interest on the Subscription Currency, under the conditions and within the limitations, as indicated in these Terms, on the Zenith Wallet Platform and in the Zenith Wallet Account.

35. Zenith Wallet Earn Interest Product means a product offered by Zenith Wallet, allowing you to earn Interest on your Digital Assets in accordance with these Terms and the relevant Exhibit.

36. Zenith Wallet Exchange Service means the execution by Zenith Wallet of exchange transactions and the topping up of the proceeds thereof, respectively the relevant Digital Assets, into the Savings or Credit Wallets of the Clients’ Zenith Wallet Accounts, as the case may be, in accordance with these Terms and the relevant Exhibit.

37. Zenith Wallet Futures Product means a product offered by Zenith Wallet, allowing you to open or close a Futures Contract, within the limits and under the conditions, as indicated in these Terms, on the Zenith Wallet Platform and in the Zenith Wallet Account.

38. Zenith Wallet Loyalty Program means a program offered by Zenith Wallet, providing the Client with the option to obtain preferential terms subject to certain criteria, including but not limited to holding of certain amount of Zenith Wallet Tokens, as indicated in Exhibit IX, on the Zenith Wallet Platform and in the Zenith Wallet Account.

39. Zenith Wallet Platform means any Zenith Wallet website, mobile application and any other official Zenith Wallet communication channel, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.

40. Zenith Wallet Pro Account means a Client’s account on the Zenith Wallet Pro Platform, opened by Zenith Wallet upon Client’s request, and subsequently used by the Client for the purpose of the Zenith Wallet Pro Services.

41. Zenith Wallet Pro Platform means any Zenith Wallet website, mobile application and any other official Zenith Wallet communication channel, separate from the Zenith Wallet Platform, through which the Zenith Wallet Pro Services are provided, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.

42. Zenith Wallet Pro Services means all services provided by Zenith Wallet through the Zenith Wallet Pro Platform.

Topping-Up Services

1. You can top up Digital Assets into your Zenith Wallet Account at any time by effecting a Digital Assets transfer from: (i) your personal wallet to your Digital Asset Wallet, or (ii) your Zenith Wallet Pro Account, applicable only in case you have opened a Zenith Wallet Pro Account in accordance with the Zenith Wallet Pro Terms of Service, while specific requirements and limitations, such as but not limited to minimum amount of each Digital Asset and Margin Level threshold, may apply from time to time, as indicated оn the Zenith Wallet Platform or the Zenith Wallet Pro Platform. You can subsequently use the Digital Assets in your Zenith Wallet Account for the purpose of all Zenith Wallet Services.

2. You are responsible for making sure that: (i) you have the correct address for your Digital Asset Wallet when you transfer Digital Assets from your personal wallet, (ii) the Digital Assets you top up into your Digital Asset Wallet are currently approved and supported by Zenith Wallet and not subject to prohibitions or limitations regarding such topping-up, as indicated in the Zenith Wallet Account and on the Zenith Wallet Platform. If: (i) you transfer Digital Assets to an incorrect address, (ii) the Digital Assets transferred are not approved and supported by Zenith Wallet, or (iii) the Digital Assets are subject to prohibitions or limitations regarding such topping-up, as indicated in the Zenith Wallet Account and on the Zenith Wallet Platform, your Digital Assets will be irreversibly lost. We will not be liable to you for any such loss.

Custody Services

1. Digital Assets in your Zenith Wallet Account may be held in custody with third parties. Depending on the relevant custody arrangements, Digital Assets’ private keys, which are used to process transactions, may be stored in a combination of online and offline storage. Zenith Wallet shall have no obligation to create a segregated blockchain address for your Digital Assets.

2. Digital Assets may be stored in a variety of different ways, including across multiple blockchain protocols, such as layer two networks, alternative layer one networks, or side chains. Zenith Wallet may transfer such Digital Assets off of the primary blockchain protocol and hold such Digital Assets on shared blockchain addresses, controlled by Zenith Wallet, on alternative blockchain protocols in forms compatible with such protocols. You agree that all forms of the same Digital Asset that are held and made available across multiple blockchain protocols may be treated as fungible and the equivalent of each other, without regard to: (i) whether any form of such Digital Asset is wrapped, or (ii) the blockchain protocol on which any form of such Digital Asset is stored.

Transfer Services

1. You may transfer any Digital Asset other than the ones subject to the prohibitions or limitations indicated in the Zenith Wallet Account and on the Zenith Wallet Platform, from your Digital Asset Wallet to another wallet of yours or of a third party

2. We will process all Digital Asset transfers according to your instructions, while, subject to any Applicable Law, we may have to collect identifying details of the recipient and disclose them to third parties. If you fail to provide us with the requested information in a timely manner, we may, without liability, suspend, limit or terminate your use of the Zenith Wallet Services or access to your Zenith Wallet Account.

3. You shall verify all transaction information prior to submitting instructions for a Digital Asset transfer to Zenith Wallet, as any such transfer cannot be cancelled or reversed by you once processed. You acknowledge that you are responsible for ensuring the accuracy of any instructions submitted to Zenith Wallet and that any errors may result in the irreversible loss of your Digital Assets. Zenith Wallet is not liable and has no control over the outcome arising from the recipient/destination of the transferred Digital Assets, as well as the delivery, quality, safety, legality, grounds or any other aspect of the transfer. We are not responsible for ensuring that a third party will honour their commitments to you, if any. Any disputes or issues related to the recipient/destination of the transferred Digital Assets must be resolved directly with the relevant third party.

4. You shall have sufficient Digital Assets in your Digital Asset Wallet prior to instructing Zenith Wallet to effect any Digital Asset transfer. In case of insufficiency of the relevant Digital Assets in your Digital Asset Wallet, the Digital Asset transfer will be rejected by Zenith Wallet. By instructing Zenith Wallet to effect the Digital Asset transfer, you authorise Zenith Wallet to debit your Digital Asset Wallet for the full amount of the Digital Assets needed to complete the Digital Asset transfer.

5. It may be necessary for Zenith Wallet to retrieve private keys or related information from offline storage in order to facilitate Digital Asset transfers in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Asset transfers.

Withdrawal Services

1. Subject to the specific requirements laid down in Exhibit I and/or Exhibit II, if any, you may request for: (i) withdrawal of all or part of the Digital Assets, subject to the prohibitions and limitations indicated on the Zenith Wallet Platform and in the Zenith Wallet Account, to your personal wallet or to your Zenith Wallet Pro Account, applicable only in case you have opened a Zenith Wallet Pro Account in accordance with the Zenith Wallet Pro Terms of Service, (ii) withdrawal of the fiat equivalent of certain Digital Assets, by instructing Zenith Wallet to sell the relevant Digital Assets and transfer the fiat proceeds of the sale transaction to a bank account, or to a debit or credit card, designated by you, subject to the prohibitions and limitations indicated on the Zenith Wallet Platform and in the Zenith Wallet Account, (iii) withdrawal of the fiat equivalent of certain Digital Assets, as indicated in the Zenith Wallet Account and on the Zenith Wallet Platform, via the Zenith Wallet Card, facilitated by one or more Exchange Transactions and subject to the requirements and restrictions in Exhibit IV.

Obligations & Warranties

The Digital Assets, which you will top up into your Zenith Wallet Account, or the funds, which you will use for the purchase of the Digital Assets to be topped up into your Zenith Wallet Account, as the case may be, are not derived from money laundering, terrorist financing, fraud, or any other illegal or criminal activity under any Applicable Law;

You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Zenith Wallet shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Zenith Wallet Services, for which Zenith Wallet shall not be held liable. You shall hold Zenith Wallet harmless from any expenses and losses, resulting from the above uncertainty;

Limitations, Suspension & Termination

Zenith Wallet reserves the right to, at its sole and absolute discretion, refuse to process or cancel any request from you in regard to the Zenith Wallet Services, including for purposes of compliance with any Applicable Law.

The topping-up and withdrawal of Digital Assets into/from your Digital Asset Wallet may be subject to certain limitations imposed by Zenith Wallet (as may be amended from time to time at Zenith Wallet’s sole and absolute discretion).

Zenith Wallet may, at any time and without liability, terminate, suspend, limit, or reverse your use, or the functionality, of the Zenith Wallet Services, or your access to your Zenith Wallet Account (including freezing or closing your Zenith Wallet Account, refusing to process any instruction of yours, or reversing a performed action), including but not limited to: (i) in the event of any breach by you of these Terms, any Exhibit and any other applicable terms, or any Applicable Law, (ii) for the purposes of complying with a regulator’s demand, a court order, an act of any governmental authority, or any Applicable Law, (iii) upon Zenith Wallet’s suspicion that a transaction or your use of the Zenith Wallet Services may be erroneous or connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities), or that your Zenith Wallet Account has been compromised, (iv) your Zenith Wallet Account is subject to any legal proceedings, (v) to remedy the effects of any defect in or compromise to any information system related to the provision of the Zenith Wallet Services, (vi) for compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to, (vii) for maintenance of the system, or (viii) if there is a change in the eligibility criteria for opening of a Zenith Wallet Account or use of the Zenith Wallet Services. In the above cases, the Digital Assets in your Zenith Wallet Account may be frozen for an indefinite period of time until the matter is resolved.

Zenith Wallet may, at any time and without liability: (i) update or change any features, components or content of the Zenith Wallet Services, cease to approve and support any Digital Assets and substitute them with Digital Assets approved and supported by Zenith Wallet, determined as per Zenith Wallet’s sole and absolute discretion, if such are available in the Client’s Zenith Wallet Account at the cessation time. We do not guarantee that any such specific content, component, feature or Digital Asset will always be available to you, or (ii) suspend, terminate, cancel, or change any incentive program and/or pay-out in regard thereto.

Limitation of Liability

ALL THE Zenith Wallet SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. Zenith Wallet DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE Zenith Wallet SERVICES UNDER THESE TERMS.