Terms of Use

  • EFFECTIVE DATE: December 27, 2025

1. ACCEPTANCE OF TERMS OF USE

By using the application, registering for an account with Secure Shell Crypto LLC (“Account”) or using any other services, products, data, content or other material available offered by Secure Shell Crypto LLC (“Services”) and provided by Secure Shell Crypto LLC (“Secure Shell”, the “Company”, “we”, “us”, “our”), you (“You” or “Your”) are agreeing to accept and comply with the terms and conditions of use stated below (“Terms of Use” or “Agreement” or “Terms”). You should read the entire Terms of Use carefully before using this Site or any of the Services.

IF YOU DO NOT ACCEPT THE TERMS OF USE AND CONDITIONS OUTLINED BELOW, YOU MAY NOT USE THE SERVICES OFFERED BY THE COMPANY.

You affirm that you are at least 18 years of age and reside in the United States and in a state that the Company serves. You further affirm you have the capacity to enter into this Agreement and are not prohibited from doing so by Applicable Law.

If you are using the Services on behalf of a company, organization, or other legal entity (a “Business”), You represent and warrant that You are authorized to bind that Business to these Terms, and that you accept these Terms on behalf of the Business. In this case, references to “You” and “Your” shall mean both you as an individual and the Business on whose behalf you are acting.

You may need to accept additional terms in order to use our Services, including terms and conditions of third parties that we may integrate or partner with (“Third Party Partners”). Your agreement with such third parties will govern the terms and conditions of products or services provided by any third parties. We are not responsible for the products or services provided to you by any third party.

2. RISK DISCLOSURE

By accessing or using any Services you are voluntarily choosing to engage in sophisticated and risky financial transactions. You are further acknowledging that you are aware of the many risks associated with the use of these services and with engaging in transactions in virtual currencies or other digital assets, including but not limited to, risks of financial loss, technology glitches (including but not limited to problems with the blockchain technology), and hacking. By agreeing to these terms, You acknowledge that the Company is not responsible for the aforementioned risks, and you voluntarily assume and accept such risks in deciding to engage in virtual currencies or other digital assets transactions on the Company’s platform.

3. MODIFICATION

The Company may from time to time make changes to the Terms in our sole discretion. Unless specifically indicated otherwise, any change will take effect immediately when the revised Terms are posted through one of our communication channels such as our website. It is important that you regularly review the Terms for updates. Your use of the Services after the effective date of a change to this Agreement means you have read and accepted these changes. If you do not agree with any changes to this Agreement, you must stop using or close your Account.

4. THE COMPANY

As used in these Terms of Use, Secure Shell or the Company refers to Secure Shell Crypto LLC, whose registration is filed with the Montana Secretary of State, whose registered agent is Northwest Registered Agent LLC and whose registered office at 1001 S. Main St.Ste 600, Kalispell MT 59901, USA, as well as its owners, directors, investors and employees. These Terms of Use and any terms incorporated herein apply to any access to, or use of, any services made available by the Company , and to any other related Services provided by the Company. Among other Services and products provided by the Company, the Services operated by Company allow buyers (“Buyers”) to buy certain Virtual Currencies.

For the avoidance of doubt, we do not provide any investment advice in connection with the Services described in these Terms of Use. We may provide information on the price, range and volatility of Virtual Currencies and other Virtual Currencies that are available on our platform and events that have affected the price of such Virtual Currencies and other Virtual Currencies, but this must not be considered investment advice, nor should it be construed as such. Any decision to purchase or sell Virtual Currencies and other Virtual Currencies is solely your decision, and we shall not be liable for any loss suffered.

5. ONBOARDING

Subject to your continued compliance with this Agreement, we grant you a revocable, limited, non-exclusive, non-transferable license to access and use the Services. We may terminate this license at any time.

In order to use the Services, you will need to satisfy an onboarding process. We reserve the right to require you to provide certain information and related documentation that we may specify in our sole discretion (“Onboarding Information”) in order to use our Services. For example, we may request additional information to verify your identity or source of funds. We may request personally identifiable information such as network address, name, email, residence address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. You authorize us, directly, or through third parties, to make any inquiries we consider necessary to verify your identity and the information you provide.

In providing the Onboarding Information, you represent and warrant to us that the Onboarding Information is accurate and complete and you agree to immediately update such Onboarding Information in the event of any changes to your Onboarding Information at any time during the onboarding process or while you use the Services.You agree to update us of any changes to the information that you have provided to us during your onboarding process by no later than 10 days from the date that you became aware of the relevant change. You can update this information through by emailing support@secureshellbroker.com.

If You do not comply with any request by the Company for any Onboarding Information or other documents within 5 days of the request, we reserve the right to limit Your use of the Services or to terminate Your account.

To submit offers to purchase Virtual Currencies, you must first establish an Account, which may require you to complete certain actions pursuant to our Compliance Program. Your access to an Account, and the ability to submit orders for Virtual Currencies, may not be available in all markets and jurisdictions. We may restrict or prohibit use of an Account, including implementing transaction limits, in certain jurisdictions including Restricted Locations, in our sole discretion. We may also update these limitations at any time with or without notice to you.

USA PATRIOT Act Notice. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or business that opens an account or requests credit.

6. THE SERVICES

All our Services are provided without warranty of any kind, either express or implied, and, in particular, without implied warranties of merchantability and fitness for a particular purpose, as set out in further detail in the “Disclaimer of Warranties” section below.

We will use reasonable effort to ensure that the Services can be accessed by You in accordance with the present Terms of Use. However, we may, at any time and without liability, discontinue or modify all or part of the Services or suspend the use of the Services for maintenance, in which case we will make reasonable efforts to give you a prior notice of this. You acknowledge in this context that this may not be possible in case of an emergency, and accept the risks associated with the fact that you may not always be able to use the Service, or carry out urgent transactions using your Account.

The parties agree that Secure Shell is the merchant of record in connection with the purchase and sale of Virtual Currencies as described in these Terms. You must carefully enter and review all of the order details prior to submitting an offer to purchase Virtual Currencies, including the quantity, offered price, and any fees. If you accept the pricing displayed, you can then accept and submit the order. If you do not accept the pricing displayed, You can choose not to proceed with the order. Once you submit your order, you are bound to the terms of that order. You may not cancel, reverse or change any order once it has been submitted.

The Company will execute a corresponding debit to your selected payment method which is linked to your Account (“Linked Payment Method”). By adding a Linked Payment Method, you represent to us that you are the owner or an authorized user of that payment method. In order to purchase Virtual Currencies, you must have at least one Linked Payment Method associated with your Account. By initiating a purchase with your selected Linked Payment Method, you authorize us and/or our applicable third-party service providers, to charge or debit your selected Linked Payment Method for the total amount of the purchase, including without limitation all applicable fees and taxes. In the event of any refund, chargeback, or other adjustment related to your Virtual Currencies purchase, you authorize us to credit or deduct the amount, as applicable, from your Linked Payment Method. The date and time that you initiate instructions to us to purchase Virtual Currencies may differ from the date and/or time when the order is executed and your Linked Payment Method is debited.

Only certain payment methods are able to be linked to your Account. The Company reserves the right to change what types of payments are able to be linked to Your Account. The Company may impose a minimum holding period for any Virtual Currenciesthat you would like to buy or sell, which may last up to seven (7) Business Days. These minimum holding periods are necessary to enable us to carry out fraud prevention measures, to ensure that the fiat currency leg of any given transaction has settled, and to perform other compliance related functions. If the Company cannot or does not complete the order for any reason (including, without limitation, suspected fraud, price movement, market latency, order size, or any other reason in the Company’s sole discretion), the Company may reject the order and notify you of such rejection and you will not be charged for a rejected order.

Notwithstanding anything to the contrary, the Company reserves the right to, in its sole discretion, suspend, delay, redirect, or cancel any transaction at any time and for any reason. For example, and without limitation, we may do so if we suspect any risk of fraud, crime, breach of these Terms, or illicit activity. If your payment is not successful, if your payment method has insufficient funds or if you reverse a payment made from funds in your bank account, you authorize the Company, in its sole discretion, to either cancel the transaction or to debit your other Linked Payment Methods in any amount necessary to complete the transaction on its original terms. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF) or similar fees charged by your financial services provider, and you will be solely responsible for any related fees. We reserve the right to refuse to process or to cancel or reverse any transaction in our sole discretion, even after funds have been debited from your Linked Payment Method(s), if we suspect the transaction meets any criteria set forth in this Agreement. In such instances, the Company will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or under the same terms as the canceled transaction.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE DO NOT GUARANTEE ANY ORDER YOU SUBMIT WILL BE EXECUTED OR EXECUTED AT ANY PARTICULAR TIME AND WE WILL NOT BE RESPONSIBLE WHATSOEVER FOR ANY DELAYS OR FOR ANY ORDERS THAT ARE NOT EXECUTED.

Nothing in these Terms creates or shall be deemed to create any fiduciary relationship, partnership, joint venture, agency, or bailment between you and the Company. The Company does not act as your broker, financial advisor, fiduciary, custodian, or agent with respect to any Virtual Currency transaction.

The Company may suspend, restrict, or terminate Services immediately if required by law, regulation, guidance, or the direction of any governmental or regulatory authority, or if continued operation would pose legal, regulatory, or compliance risk to the Company.

7. ORDERS, FEES, & WALLETS

Orders: You agree that you are solely responsible and liable for keeping your Account safe and secure and for maintaining adequate security and control of your login and authentication details (including, but not limited to, your identity, and username). You agree you are solely responsible for any access to and use of the Services and your Accounts, notwithstanding that such access or use may have been effected without your knowledge, authority or consent. You are solely responsible for all orders that occur using your Account, including any orders and completed transactions that were not authorized by you. When an order occurs using your Account credentials, we will assume that you authorized such an order. You agree that the Company will not be liable to you for any unauthorized orders, completed transactions or loss or damage resulting from any unauthorized access to your Account. If you have reason to suspect that your Account login and/or authentication details have become compromised, you are responsible for immediately contacting the Company at admin@securshellbroker.com or support@secureshellbroker.com

Mistaken/Accidental Orders: You agree that you are solely responsible and liable for providing correct information regarding your requested Digital Asset order and reviewing the transaction summary page for accuracy before you choose to continue with a transaction. You are solely responsible for all orders that are placed using your Account. When an order occurs using your Account credentials, we will assume that the order is correct and you authorized such an order. You agree that the Company will not be liable to you for any mistaken or accidental orders placed using your Account. Once you send Virtual Currencies to an address, you may lose access to your Virtual Currencies temporarily or indefinitely. For example, an address may have been entered incorrectly, or an address may belong to an entity that will not return your Virtual Currencies. Virtual Currencies mistakenly sent to an address that we do not control may not be recoverable. The Company is not responsible or liable for erroneous, accidental, or mistaken Virtual Currencies transfers that you effectuate. If you have initiated an accidental or mistaken order, you are responsible for contacting the Company.

Fees: The Company may charge fees for your use of the Services, including entering orders for Virtual Currencies, service fee, banking rail fee, network fee, or conversion fee (as applicable). the Company reserves the right to adjust its pricing and fees and any applicable waivers at any time. We will always notify you of the pricing and fees which apply to your transaction before you authorize the transaction and in each confirmation and/or receipt we issue to you.

You agree that the Company may debit fees for orders from the total cost of your order. We charge a processing fee related to our costs associated with payment processing, which fee may vary by product and payment method. We may also charge a dynamic network fee, related to our costs associated with asset transfer, and may vary depending on a number of factors, such as network congestion and operational costs. We may also charge an ecosystem fee, on behalf of some, but not all, of our third party partners. All fees will be disclosed to you prior to your acceptance of any order or transaction.

Taxes: It is your responsibility to determine what, if any, taxes apply due to your use of the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. The Company is not responsible for determining whether taxes apply to your Virtual Currencies transactions or for collecting, reporting, withholding or remitting any taxes arising from any Virtual Currency transactions.

Receipts: You have the right to receive a receipt after each transaction you initiate. The Company will provide you with a receipt via email after each transaction you place using your Account.

Transaction History: You have the right to obtain information regarding the transactions that you have initiated using your Account. You may view your Account transactional history within the app.

Wallets: The Company does not provide custodial wallet services and does not hold, control, manage, or have access to Virtual Currencies on your behalf. Any Digital Asset wallet generated, used, or connected through the Services (“Wallet”) is controlled solely by you.

As part of the Services, the Company may provide functionality that enables you to generate a Wallet, including the generation of associated private keys, recovery keys, or passphrases (collectively, “Wallet Credentials”). The Company does not retain, store, escrow, or maintain a record of any Wallet Credentials after they are generated or transmitted to you. Once provided to you, Wallet Credentials are not recoverable by the Company under any circumstances.

You acknowledge and agree that you are solely responsible for the secure storage, protection, and confidentiality of your Wallet Credentials. If you lose, disclose, compromise, or destroy your Wallet Credentials, you may permanently lose access to your Wallet and any Virtual Currencies associated with it, and the Company will have no ability to restore, recover, or retrieve such Wallet or Virtual Currencies.

You represent and warrant that you are the sole owner and controller of any Wallet used in connection with the Services. By providing a Wallet address for the receipt, transfer, or storage of Virtual Currencies, you represent and warrant that you control such Wallet and that any transactions initiated to or from such Wallet are authorized by you.

You are solely responsible for any changes, modifications, migrations, upgrades, or interactions involving your Wallet, including but not limited to changes resulting from software updates, protocol upgrades, forks, wallet provider changes, or third-party integrations. The Company shall have no liability for any loss, delay, error, or inability to access Virtual Currencies resulting from any change to your Wallet or Wallet Credentials, whether initiated by you or by a third party.

The Company makes no representations or warranties regarding the functionality, security, availability, or performance of any Wallet, blockchain network, or Digital Asset protocol. You acknowledge and agree that Digital Asset transactions are generally irreversible and that the Company has no ability to reverse, cancel, or recover any transaction once initiated.

Without limiting the foregoing, the Company shall not be liable for any loss of Virtual Currencies arising from:

  • loss or compromise of Wallet Credentials;
  • unauthorized access to your Wallet;
  • incorrect Wallet addresses;
  • protocol failures, network congestion, or blockchain malfunctions;
  • user error; or
  • actions or omissions of third-party wallet providers or software.

8. Terms Regarding ACH

Payment for virtual currencies may be completed via the Automated Clearing House (“ACH”) network. By transacting with the Company and using the ACH functionality, you agree to the following terms:

Authorization to Originate ACH Entries: You authorize the Company, and its financial institution partners, to originate electronic fund transfers (“ACH Entries”) to or from your designated account(s) in accordance with the payment instructions you provide through platform. This authorization includes the right for the COmpany to credit or debit such accounts as necessary to process transactions, correct errors, or resolve disputes. This authorization will remain in effect until revoked in accordance with the Company’s rocedures and applicable law.

Agreement to Be Bound by Nacha Rules: You agree that all ACH Entries originated through the Company shall be governed by and comply with the Nacha Operating Rules and Guidelines, as amended from time to time (the “Nacha Rules”). You acknowledge that the Company and its bank partners rely upon your compliance with the Nacha Rules and that your failure to comply may result in suspension or termination of ACH services. 

Compliance with Applicable Law: You represent and warrant that all ACH Entries initiated by You will comply with all applicable laws and regulations of the United States, including but not limited to those issued by the Office of Foreign Assets Control (OFAC), the U.S. Department of the Treasury, and any other applicable federal or state authority. You agree not to initiate any Entry that violates U.S. laws or the Nacha Rules.

Transaction Restrictions and Limits: The Company may, in its sole discretion, limit the types of ACH Entries that may be originated, including restrictions on debit or credit entries, SEC codes, transaction types, frequency, or dollar amounts. The Company may also refuse to process or suspend any ACH Entry that it reasonably believes is fraudulent, unauthorized, or otherwise violates this Agreement or applicable law. The Company’s determination under this section shall be final and binding.

Termination and Suspension: The Company, may suspend or terminate your ability to originate ACH Entries at any time, with or without prior notice, if (a) required to comply with the Nacha Rules, (b) necessary to comply with applicable law or regulation, or © you breach any provision of these Terms, the Nacha Rules, or applicable law. Termination shall not affect the Company’s right or obligations that accrued before such termination and shall not relieve you of liability for any ACH Entries initiated prior to termination. 

Audit and Compliance Rights: The Company and its financial institutional partners reserve the right, upon reasonable notice, to audit your compliance with these Terms and the Nacha Rules. You agree to provide reasonable cooperation and information in connection with any such audit or investigation related to ACH activity. 

Survival: The obligations under this section shall survive termination of your relationship with the Company to the extent necessary to comply with the Nacha Rules or applicable law.

9. PROHIBITED USE

You may not use the Company’s Services to engage in the following activities:

  • violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publishing, distributing or disseminating any unlawful material or information;

  • use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

  • engage in any type of market manipulation. Market manipulation activities include, but are not limited to, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing and layering, regardless of whether it is prohibited by law;

  • use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;

  • use any robot, spider, crawler, scraper, or other automated means or interface not provided by the Company to access the Services or to extract data;

  • use or attempt to use another user’s account without authorization;

  • attempt to access any service or area of the Services that you are not authorized to access;

  • introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;

  • develop any third-party applications that interact with our Services without our prior written consent, or unless otherwise agreed;

  • provide false, inaccurate, or misleading information;

  • post content or communications that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; that constitute unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service; or that contain private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

  • encourage or induce any third party to engage in any of the activities prohibited under this Section.

10. REPRESENTATIONS AND WARRANTIES

You represent and warrant to use that you: (a) are not located in, under the control of, or a resident of any Restricted Location or any country to which the United States has embargoed goods and services; (b) are not identified as a “Specially Designated National” by the United States Treasury Department; and © will not use the Services if you are prohibited by any Applicable Law from doing so.

When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you shall not:

  1. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  2. use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
  3. use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
  4. use or attempt to use another person’s Account;
  5. develop any third-party applications that interact with our Services without our prior written consent;
  6. provide false, inaccurate, or misleading information; or
  7. encourage or induce any other person to engage in any of the activities prohibited under this Agreement.

We endeavor to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. We cannot and provide no guarantee whatsoever to the timeliness, accuracy or completeness of any information (whether pricing, exchange rate or otherwise) provided in connection with any Digital Asset or your holding or trading of or in the same. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility and you assume all liability for any such decisions or actions.

SECURE SHELL DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY SECURE SHELL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, (A) REGARDING THE CONTENTS OF THE SERVICES, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES, ANY HYPERLINKS TO THIRD PARTY WEBSITES, OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES, OR ANY WEBSITE LINKED TO THE SERVICES (B) THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT SECURE SHELL MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT SECURE SHELL’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF SECURE SHELL OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.

11. INDEMNIFICATION AND LIMITATIONS OF LIABILITY

You agree to indemnify and hold harmless the Company, its affiliates, subsidiaries, directors, managers, members, officers, employees, and other customers, from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person’s use of your credentials or Account in connection with: (a) use of the Services; (b) breach of these Terms or any other agreement or policy; © false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; (d) violation of any Applicable Law; or (e) violation of any rights of any other person or entity; provided however, that you shall not indemnify the Company for claims or losses arising out of the Company’s gross negligence or willful misconduct as determined by final order of a court of competent jurisdiction. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this Agreement.

Limitation of Liability: The Company, shall not be liable to you or anyone else for any loss caused in whole or part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from the negligence of the Company, or contingencies beyond its control in procuring, compiling, interpreting, computing, reporting, or delivering the Services thereon or the information therein. In no event will the Company be liable to you or anyone else for any decision made or action taken by you in reliance on, or in connection with your use of the Services or the information therein.

IN NO EVENT SHALL SECURE SHELL, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR MORE THAN THE LOWER OF (I) THE VALUE OF THE DIGITAL ASSET AT ISSUE AND (II) $10,000 USD.

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF THE COMPANY HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU BASED ON YOUR JURISDICTION OR THE GOVERNING LAW.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE REQUIRED TO DELIVER TO YOU ANY DIGITAL ASSETS AND/OR VIRTUAL CURRENCIES AS DAMAGES, OR SHALL YOU BE ENTITLED TO SPECIFIC PERFORMANCE OR ANY OTHER SIMILAR REMEDY. YOU AND WE AGREE THAT ANY CALCULATIONS OF DAMAGES BASED IN ANY WAY ON THE VALUE OF DIGITAL ASSETS AND/OR VIRTUAL CURRENCIES SHALL BE BASED ON THE LOWEST VALUE OF THE Virtual Currencies DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.

WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH VIRUSES, NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; © ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE EVENT INCLUDING BUT NOT LIMITED TO (I) ACTS OF GOD, NATURE, COURT OR GOVERNMENT; (II) FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS; (III) ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM SECURE SHELL IS NOT RESPONSIBLE; (IV) DELAY, FAILURE, OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD PARTY SERVICES AND SITES; (V) STRIKES, LOCK-OUTS, LABOUR DISPUTES, WARS, TERRORIST ACTS AND RIOTS; AND (VI) VIRUSES, MALWARES, OTHER MALICIOUS COMPUTER CODES OR THE HACKING OF SECURE SHELL’S SYSTEMS.

THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

Any and all of our indemnities and warranties (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth in this Agreement. Nothing in this Agreement excludes or limits liability which may not be limited or excluded under Applicable Law.

12. GENERAL PROVISIONS

Third Party Content: In connection with using the Services, you access or view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content. We have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.

Intellectual Property: Unless otherwise indicated by us, the Services and any other material or content provided by the Company, and all intellectual property rights therein, are the property of Secure Shell or our licensors or suppliers. We do not give any implied license for the use of the contents of the Services. You accept and acknowledge that the material and content contained in or delivered by the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Services as set forth in this Agreement. Any rights not expressly granted in this Agreement to use the materials contained on or through the Services are reserved by the Company in full.

Confidentiality: While using our Services, you may obtain or otherwise become aware of Confidential Information about us. You may only use this Confidential Information as necessary to exercise your rights or perform your obligations in this Agreement. You agree to hold the Confidential Information in strict confidence, and to take reasonable steps to protect this Confidential Information from being accessed by unauthorized individuals, entities or other third-parties. You agree to not copy or reverse engineer, or remove any proprietary markings from any Confidential Information. You may share our Confidential Information with legal, governmental or regulatory authorities only if required by Applicable Law to do so, provided you will notify us of the request, if Applicable Law allows it.

No Waiver: A party’s failure or delay to enforce, or partially enforce, any provision of this Agreement shall not be construed as a waiver of any rights.

Force Majeure: In no event shall a party be considered in breach of this Agreement to the extent the party’s obligations are prevented or delayed, directly or indirectly, by a Force Majeure Event, and the party’s period of time for performance shall be extended until such event has ended.

Severability: In the event that any provision of this Agreement is unenforceable under Applicable Law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this Agreement is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of this Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.

Assignment; Successors and Assigns:This Agreement shall be binding on your successors, heirs, personal representatives, and assignees. You may not assign or transfer any of your rights or obligations under this Agreement without prior written consent of the Company, which may be withheld at Secure Shell’s sole discretion. We may assign rights or delegate duties under this Agreement at our sole discretion.

Integration: This Agreement, constitute the entire agreement among the parties with respect to the subject matter described in this Agreement and shall.

Choice of Law & Forum Selection: This Agreement and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of New York (without regard to conflict of law rules or principles of the State of New York, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth below or cannot be heard in small claims court, shall be resolved in the state or federal courts of New York County in the State of New York, and the United States, respectively, sitting in the State of New York.

13. DISPUTE RESOLUTION/ARBITRATION AGREEMENT

Most User concerns can be resolved by contacting the Company. In the event the Company is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through arbitration.

Please read the following section carefully because it requires you and us to arbitrate certain disputes and claims with each other and limits the manner in which we can seek relief from each other, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you or us from suing in court or having a jury trial.

No Representative Actions: You and the Company agree that any dispute arising out of, or related to, these Terms or our Services is personal to you and the Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Scope of Arbitration Agreement: Except for disputes in which you or the Company seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive our respective rights to a jury trial and to have any dispute arising out of, or related to, these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against the Company, or relating in any way to the Services, you agree to first contact the Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Secure Shell by email at support@secureshellbroker.com. The Notice should (a) include your name, residence address, email address and telephone number; (b) describe the nature and basis of the claim; and © set forth the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by AAA or, under the limited circumstances set forth above, in court. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator.

This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. You agree that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, including whether your claim is subject to this Arbitration Agreement, will be resolved by binding arbitration, rather than in court, except as otherwise required by law or as otherwise provided in this Arbitration Agreement.

Arbitrator Powers: The arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, to the extent permitted by applicable law.

Arbitration Fees: You agree that for any arbitration you initiate, you will pay the first the filing fee and any necessary costs for bringing the arbitration. For any arbitration initiated by Secure Shell, Secure Shell will pay all fees and costs. You and Secure Shell agree that the state or federal courts of the State of New York and the United States sitting in New York County, New York, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Waiver of Jury Trial: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are instead electing to have all disputes resolved by arbitration, except as specified in Section 10.1 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Batch Arbitrations: To the extent permitted by applicable law, to increase efficiency of resolution, in the event 100 or more similar arbitration demands against the Company, presented by or with the assistance or involvement of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period: (A) the parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); (B) claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider; © the arbitration provider shall provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch; and (D) the arbitration provider shall send one set of disclosures per batch and will set up one Arbitration Management Conference per batch. You agree to cooperate in good faith with he Company and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in New York, New York or, if the parties prefer, by video conference. The parties may also agree to conducting arbitration based on written submissions alone.

Confidentiality: The arbitrator, Secure Shell and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

Survival: This Arbitration Agreement will survive any termination of your relationship with Secure Shell.

Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Secure Shell makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Secure Shell.

Entire Agreement; Severability: This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable, and the remainder of the Agreement shall be unmodified.

Scope of Communications to Be Provided in Electronic Form: You understand and agree that we may provide you with any or all of the following types of communications electronically: (a) legally required disclosures, notices and other communications associated with your access to or use of the Services, including, but not limited to information about fees or charges, and any and all legally required pre- and post-transaction disclosures; (b) customer service communications; © privacy policies and notices; (d) changes to this Agreement, (e) statements, information and records regarding your transactions; (f) information regarding the debiting or charging, as applicable of your selected payment method; (g) any and all legally required error resolution policies, and responses to claims filed in connection with your access to or use of the Services; (h) any other communications related to your access to and/or use of the Services; and (i) with your consent, marketing and other promotional communications (collectively, “Communications”).

Communications in Writing: All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Agreement and any other Communication that is important to you.

Method of Providing Communications to You in Electronic Form: All Communications that we provide to you in electronic form will be provided either (i) via email, or (ii) by access to a web site that we will designate in an email notice we send to you at the time the information is available. You agree to promptly review all Communications sent to you, and that these are reasonable procedures for sending and receiving electronic communications.

How to Update Your Records: To receive electronic Communications, at the time that you first use the Services, you must provide us with a true, accurate and complete email address and your contact information, and you must promptly notify us of any changes to this information. You can update information (such as your email address) through the application.

Federal Law: You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that you and we both intend that the E-Sign Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

Termination/Changes: We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

15. DEFINITIONS

“Business Day” means any day on which the customer can conduct business.

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

“Confidential Information” includes information about the our business, including product designs, product plans, software and technology, financial information, marketing plans, business opportunities, pricing information, discounts, inventions, and know-how, to the extent disclosed to you in connection with your use of the Services, and all other information that you knew, or reasonably should have known, was Confidential Information. Confidential Information includes trade secrets as defined under applicable law (which includes the Uniform Trade Secrets Act). Confidential Information does not include information that: (a) is independently developed; (b) is or becomes public knowledge through no breach of this Agreement; or © is received from a third party under circumstances that do not create a reasonable suspicion that such information has been misappropriated or improperly disclosed.

“Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.

“Restricted Location” means any country, US state and territory not supported by Secure Shell, in addition any sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union and any EU Member State, HM Treasury (UK) or equivalent authority.