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Finblox Token: Terms and Conditions of Sale

1. General

The following Terms and Conditions of Sale ("Terms") govern your (‚Äúyou‚ÄĚ or the ‚ÄúPurchaser‚ÄĚ) purchase of Finblox Tokens (‚ÄúFBX‚ÄĚ, ‚ÄúFBX Token‚ÄĚ, ‚ÄúFBX Tokens‚ÄĚ or ‚ÄúTokens‚ÄĚ and each a ‚ÄúToken‚ÄĚ), a standard ERC-20 token on the Ethereum blockchain, from us (‚ÄúCompany‚ÄĚ, ‚ÄúFinblox‚ÄĚ ‚Äúwe‚ÄĚ or ‚Äúus‚ÄĚ), and constitute a legally binding and valid contract between you, the Purchaser, and the Company, Finblox (‚ÄúAgreement‚ÄĚ).

Each of you and the Company is a ‚ÄúParty‚Äč‚ÄĚ and, together, the ‚ÄúParties‚Äč‚ÄĚ to these Terms.

PLEASE REVIEW THESE TERMS, AS WELL AS THE FINBLOX TERMS AND CONDITIONS, BEFORE PURCHASING THE FBX TOKEN. THERE ARE CERTAIN RISKS ASSOCIATED WITH PURCHASING OF THE TOKENS, AND BY PURCHASING THE TOKENS YOU HEREBY AGREE TO ASSUME SUCH RISKS.

THIS DOCUMENT IS NOT A SOLICITATION FOR INVESTMENT OR INVESTMENT ADVICE AND DOES NOT PERTAIN IN ANY WAY TO AN OFFERING OF SECURITIES IN ANY JURISDICTION.

OWNERSHIP OF FBX DOES NOT ENTAIL ANY RIGHTS OF OWNERSHIP, EQUITY OR SHAREHOLDING OVER FINBLOX. FBX TOKEN IS A UTILITY TOKEN. FBX TOKEN IS NOT A SECURITY TOKEN.

By purchasing Tokens from Finblox and using the Tokens in connection with the Platform (as defined below), you agree to be bound by these Terms, the Finblox Terms and Policies, Token Litepaper, and all terms incorporated by reference.

By accepting these Terms, you expressly agree that you have read and understood the Token Litepaper, accessible at docs.finblox.com, which contains detailed information regarding the FBX Token, including token metrics, supply, distribution, allocation, etc., and which is incorporated into these Terms by reference.

2. Scope of Terms

Unless otherwise stated herein, these Terms govern only your purchase of Tokens from us during the sale period through your Finblox Account on the Finblox Website (‚ÄúWeb App‚ÄĚ). At the same time, the use of Tokens in connection with the Platform is governed by other applicable terms and policies (collectively, the ‚ÄúFinblox Terms and Policies‚ÄĚ). Any Finblox Terms and Policies we promulgate will be available at https://finblox.com (‚ÄúFinblox Website‚ÄĚ or ‚ÄúWebsite‚ÄĚ). To the extent of any conflict with these Terms, the Finblox Terms and Policies shall prevail with respect to any issues relating to the use of Tokens in connection with the Platform.

The defined terms in these Terms and Conditions of Sale shall have the same meaning assigned to them in the Finblox Terms of Use unless otherwise specified.

3. Overview of the FBX Token

FBX is an ERC-20 utility token on the Ethereum blockchain that is native to the Finblox ecosystem. FBX may be purchased through the Finblox Website in exchange for certain types of Eligible Digital Assets

The principal utilities of FBX are:

a. Earning bonus rewards as part of the FinEarn program;

b. Subsidized trading fees;

c. Special access to projects launched within the Finblox launchpad;

d. Other utilities as put forward by Finblox.

Purchase, ownership, receipt or possession of FBX carries no rights, express or implied, other than the right to use the Tokens as a means to participate in the Finblox Platform as provided in these Terms and the Finblox Terms of Service. FBX are not stocks, securities or their equivalent and therefore do not create the right of ownership or disposal of Finblox or its assets. FBX holders do not exert any influence over the decision-making of the company or its activities.

Token price, allocation, metrics, sale timeline, distribution, vesting schedule, and other detailed characteristics of the FBX Token are available in the Token Litepaper. The Token Litepaper may be updated from time to time. Users are responsible for conferring with the latest version of Token Litepaper before purchasing FBX.

FBX will be offered for sale on the Web App during the sale period as outlined in the Token Litepaper or as the purchase of FBX is available through the Web App.

4. FBX Supply and Price

a. Supply

Finblox will generate a total supply cap of 10,000,000,000 tokens to the Finblox Ecosystem on the Ethereum blockchain.

FBX generation happens in several stages, with vesting dates and portions of the total supply determined by Finblox alone in its sole discretion and published on our Website, the Litepaper and/or other communication channels.

b. Purchasing of FBX

FBX may be purchased by Finblox Users that have accepted Finblox Terms and Policies, these Terms and Conditions of Sale, and meet the necessary eligibility criteria contained in Clause 6 of these Terms.

FBX will be available for sale on the Finblox Platform - the Website and the Mobile App. Finblox may restrict if deemed necessary at any moment, the availability of FBX to only Website purchases or purchases through the Mobile App.

c. Price

The FBX price (‚ÄúPurchase Price‚ÄĚ) will be displayed in both the Mobile App and the Web App in an Eligible Digital Asset and shall constitute the final price offering at that moment in time. Purchaser understands and agrees to pay the Purchase price. For the avoidance of doubt, the final price of FBX under these Terms shall be determined at the time of FBX purchase through the Web App at the moment that the user clicks ‚ÄúPreview Purchase‚ÄĚ in the Web App.

The Purchase Price is paid by sending the correct amount of Eligible Digital Assets through the Web and Mobile App, the date of which shall be considered the Purchase Date. You cannot complete the purchase of FBX until Finblox receives the full amount of the Purchase Price.

d. Gas Fees

In the event that, due to the deduction of gas or other transaction fees, the amount of the Payment that Finblox receives from you is greater or less than the amount of the Purchase Price associated with the number of Purchased FBX selected by you in the Web App, the Company will increase or decrease your number of Purchased FBX in accordance with the amount actually received by the Company, and you agree to any such adjustment of the number of Purchased Tokens. Alternatively, the Company may request a transfer of the remaining Purchase Price required at its ultimate discretion to which the Customer undertakes to provide in a timely manner.

e. Delivery and Holding of FBX

FBX properly purchased by you in accordance with these Terms will be displayed in your Finblox Account on the date that the relevant amount of FBX is considered to be delivered to your Finblox Account (‚ÄúDelivery Date‚ÄĚ) after the token generation event (‚ÄúTGE‚ÄĚ), and from thereon, you are considered to be ‚Äėholding‚Äô the amount of FBX. Purchase of FBX is deemed to be completed once the Purchased Amount appears in the user‚Äôs Finblox Account.

Your holding of FBX is subject to certain conditions, such as vesting periods, percentage of FBX unlocked at specific periods after the TGE and other conditions as put forward on the Finblox Platform and the Litepaper at the time of purchase of FBX.

Your further use of the FBX shall be governed by the Finblox Terms and Policies, including the Finblox Terms of Use, and these Terms shall cease to be effective, notwithstanding any other rights or obligations you may have hereunder after the Delivery Date.

5. FBX Token Disclaimers

FBX Tokens are not intended to be a loan contract, digital currency, security, commodity or any other kind of financial instrument. You are purchasing Tokens solely for the purpose of participating in the Finblox Platform and you are aware of the risks associated with utility tokens, Finblox Platform, and the Tokens. You should not purchase FBX for any other purpose, including, without limitation, any investment, speculative or financial purpose. You acknowledge and agree that the Finblox Platform is in an early stage of development and may undergo significant changes over time.

By purchasing FBX, you acknowledge and agree that:

a. FBX Tokens have no rights, intended uses or attributes outside of use with the Finblox Platform or as otherwise expressly referred to in these Terms;

b. Purchase of FBX involves many risks which can result in the loss of all amounts paid, including but not limited to the risks outlined in these Terms and the Finblox Terms and Policies.

c. Finblox reserves the right to refuse or cancel FBX purchase requests at any time without giving a reason at its sole and absolute discretion;

d. FBX are not backed by any physical assets or other assets to which a Purchaser would have any rights or access to;

e. The price of FBX may fluctuate. For the avoidance of doubt, Finblox may, at its sole discretion and without prior consultation, offer FBX at any price point and/or on any terms that it deems reasonable or advantageous in the circumstances;

f. Finblox may recall FBX delivered to you, in full or in part, or deliver additional FBX to you, in case of any mistake or error as to the amount of FBX delivered to your account vis-a-vis the Purchase Price, whether that mistake is human or non-human related, without notice to you;

g. All purchases of FBX are final, non-refundable, and cannot be cancelled;

h. By purchasing FBX, the purchaser acknowledges that neither Finblox nor any of its affiliates, directors or shareholders are required to provide a refund for any reason. If Finblox believes, in its sole discretion, that the Purchaser of FBX creates material regulatory or other legal risks or adverse effects for Finblox and/or FBX, Finblox reserves the right to annul the purchase of FBX, with or without return of Purchase Price to the Purchaser. Where Purchase Price is not refunded, Finblox will at the request of the Purchaser specify to the Purchaser the reasons as to why Purchase Price has not been returned to the Purchaser (i.e. suspicion of fraud, other criminal activity, legal proceedings, order of a competent body, etc.);

i. These Terms limit the liability of Finblox to you in connection with the sale of FBX, your holding of FBX, or in connection with any other events related to the sale of FBX.

6. Risk Disclosure

FBX holders should understand that FBX and/or other digital assets obtained through Finblox can lead to a total loss of money and/or value. Holders of FBX may also be unable to recover the value of FBX in case of extreme market volatility, Finblox insolvency or other financial hardships or as a result of any cybersecurity hack. The purchase and use of FBX should not be made speculatively. FBX could be affected by emerging technology, including but not limited to, quantum computing. These technological breakthroughs could result in security breaches and/or theft.

By purchasing FBX, you hereby expressly acknowledge and assume the following risks:

a. All risks are disclosed in the Finblox Risk Disclosure, available on the Website;

b. Risks outlined in the Token Litepaper;

c. Risk of loss of FBX value, including total or near-total loss;

d. Risk‚Äč ‚Äčof‚Äč ‚Äčlosing‚Äč ‚Äčaccess‚Äč ‚Äčto‚Äč Finblox Account FBX ‚Äčdue‚Äč ‚Äčto‚Äč ‚Äčloss‚Äč ‚Äčof‚Äč ‚Äčprivate‚Äč ‚Äčkey(s),‚Äč ‚Äčcustodial‚Äč ‚Äčerror‚Äč ‚Äčor‚Äč ‚ÄčPurchaser error;

e. Risks‚Äč ‚Äčassociated‚Äč ‚Äčwith‚Äč ‚Äčthe‚Äč ‚ÄčEthereum‚Äč ‚ÄčProtocol;

f. Risk‚Äč ‚Äčof‚Äč ‚Äčmining‚Äč ‚Äčattacks;

g. Risk‚Äč ‚Äčof‚Äč ‚Äčhacking‚Äč, processing errors, fraud, software bugs, ‚Äčand‚Äč ‚Äčsecurity‚Äč ‚Äčweaknesses;

h. Risks‚Äč ‚Äčassociated‚Äč ‚Äčwith‚Äč ‚Äčmarkets‚Äč ‚Äčfor‚Äč FBX (if third-party exchanges facilitate secondary trading of FBX, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation);

i. Risk‚Äč ‚Äčof‚Äč ‚Äčuninsured‚Äč ‚Äčlosses;

j. Risks‚Äč ‚Äčassociated‚Äč ‚Äčwith‚Äč ‚Äčuncertain‚Äč ‚Äčregulations‚Äč ‚Äčand‚Äč ‚Äčenforcement‚Äč ‚Äčactions;

k. Risks‚Äč ‚Äčarising‚Äč ‚Äčfrom‚Äč ‚Äčtaxation;

l. Risks‚Äč ‚Äčarising‚Äč ‚Äčfrom‚Äč ‚Äčlack‚Äč ‚Äčof‚Äč ‚Äčgovernance‚Äč ‚Äčrights - FBX bestows no corporate governance rights under the law of any kind with respect to the Finblox Platform or the Company. Therefore, all decisions involving corporate governance, Finblox products or services within the Platform or the Company itself will be made by Finblox at its ultimate and sole discretion. These decisions could adversely affect the platform and the utility of FBX, including the utility for obtaining service;

m. Other unanticipated‚Äč ‚Äčrisks.

7. Eligibility Requirements for FBX Token Purchase

FBX may only be purchased if you meet the following cumulative criteria:

a. You are a Finblox User, have an active account registered with Finblox that is not suspended or deleted, and you have at least a ‚ÄúVerified Level Plus‚ÄĚ verification level;

b. You are eighteen (18) years of age or older;

c. You are legally capable of entering into a binding contract with these Terms under the applicable laws and regulations of the sovereign state or region that has jurisdiction over you;

d. You are not a resident or Tax resident of such jurisdictions or regimes where the FATF imposes financial sanctions or requires compliance with the United Nations Security Council Resolutions (UNSCRs);

e. You are not resident or a Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction which Finblox has been notified as being subject to prohibitions or restrictions on accessing or using the Services;

f. You are not or have any relevant connection with any jurisdiction in which entry into or performing your obligations under these Terms or the delivery, holding, use or exchange of FBX is unlawful or restricted in any way; or requires licensing and registration or approval of any kind;

g. You are not subject to any economic sanctions programs administered or enforced by any relevant country or government or international authority, including but not limited to: the US Department of the Treasury's Office of Foreign Assets Control, the US Department of State, the United Nations Security Council, the European Union, Her Majesty's Treasury, the Hong Kong Monetary Authority or the Monetary Authority of Singapore;

h. You are the sole authorized user of your Finblox Account, and you have taken reasonable steps to prevent unauthorized access to your Finblox Account.;

i. You have not been previously banned, terminated or otherwise denied access to the Services by Finblox or by any competent authority;

j. You are not acting out under an alias, concealing your personal identity or representing any other persons besides your own;

k. You are not identified by the Office of Foreign Assets Control of the U.S. Department of the Treasury as a "Specially Designated National";

l. You are not placed on a Security's Denied Persons List by the U.S. Department of Commerce, Bureau of Industry;

m. You are compliant with all applicable law requirements to which you are subject, including, without limitation, all tax laws and regulations, exchange control requirements and registration requirements.

8. Privacy

By purchasing FBX, you agree to Finblox Privacy Policy, which is available on the Website and applies to the FBX sale by reference.

9. Purchaser’s Representations and Warranties

BY PURCHASING TOKENS, YOU REPRESENT AND WARRANT TO FINBLOX THAT AT THE TIME OF YOUR PURCHASE REQUEST AND RECEIPT OF TOKENS THAT:

a. You have read, understand, and are in full compliance with these Terms (including all Exhibits);

b. You understand that by purchasing or otherwise receiving FBX you are accepting all of the terms and conditions set forth herein;

c. You meet the eligibility requirements set forth in clause 9 above;

d. You are not relying on any representations or statements made or information supplied by or on behalf of Finblox other than information contained in these Terms and the Litepaper;

e. You have sufficient understanding of the functionality, usage, storage, transmission mechanisms, and other material characteristics of cryptographic tokens, token storage mechanisms (such as token wallets), blockchain technology, and blockchain-based software systems to understand these Terms and to appreciate the risks and implications of purchasing FBX;

f. You have obtained sufficient information about FBX, Finblox and its Platform to make an informed decision to purchase Tokens and have otherwise had the opportunity to contact Finblox at [email protected];

g. You are acquiring FBX solely for your own account and not as a nominee or custodian for another person or entity and not as a nominee or custodian for another person or entity; however, if you are purchasing FBX on behalf of any entity, you are authorized to accept these Terms on such entity‚Äôs behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity (references to ‚ÄúPurchaser‚ÄĚ, ‚Äúyou‚ÄĚ and similar expressions in these Terms refer to the Purchaser and such entity, jointly);

h. You are legally permitted to purchase, receive, possess and make use of Tokens in your relevant jurisdiction;

i. You will not promote, procure, use or encourage the use of FBX to engage or finance, or otherwise support unlawful activities in any territories whatsoever;

j. You are of legal age to purchase Tokens in your relevant jurisdiction;

k. You understand that the purchase of FBX does not involve the purchase or receipt of securities, shares, ownership or any equivalent in any existing or future public or private company, corporation, or other entity in any jurisdiction;

l. You are not (i) a citizen or resident of a geographic area in which access to or use of the Finblox Platform or FBX is prohibited by applicable law, decree, regulation, treaty or administrative act, or (ii) a citizen or resident of, or located in, a geographic area that is subject to the U.S., E.U. and other sanctions regime (including, without limitation to, Libya, Sudan, South Sudan, Syria, Islamic Republic of Iran or the Democratic People’s Republic of North Korea), and you agree that if your country of residence or other circumstances change such that the representations in this clause are no longer accurate, you will immediately cease the use of FBX and Finblox Platform;

m. You are not on any Swiss, UN, EU or US Sanctions List;

n. You are not purchasing FBX by using funds that are of illegal origin.

o. You have had the opportunity to approach Finblox for any questions related to Finblox, Finblox Services, Platform, FBX, the risk disclosure, the limitation of Finblox liability, these Terms, the Finblox Terms and Policies, through the Contact section on the Website or by any other means, in case of any uncertainties or questions.

You shall immediately notify us if prior to or after the FBX purchase the jurisdiction you were a national, resident or domiciled person in at the time of FBX purchase, has introduced any legal restrictions. By any means and at our sole discretion, we may ban or otherwise restrict the purchase or use of FBX tokens if you do not meet any of the eligibility requirements set forth by us or on other legal grounds.

10. Anti-Money Laundering

Finblox is committed to protecting our users and has established Anti-Money Laundering (‚ÄúAML‚ÄĚ), as well as Know Your Client (‚ÄúKYC‚ÄĚ) policies under applicable AML laws and regulations. We are obligated to maintain, for a minimum of five years or more as may be required under applicable laws, Purchaser records and transaction history, other personal or corporate identification. Suspicious identities and/or unusual transactions and other certain circumstances might require Finblox to report to the competent authorities any Purchaser that might be involved in any financial crime or illicit activity.

All FBX Purchasers are required to adhere to applicable AML and KYC requirements. In order for Finblox to stay compliant with the applicable AML rules, we will ask you to provide relevant information and documentation that we consider necessary to verify and confirm your personal information, verify and authenticate your personal information as part of your Finblox Account verification, and take any action we need necessary based on the results. You also acknowledge that you will not be authorized to purchase FBX until your KYC has been successfully completed.

We may ask you for additional information before completing your purchase of FBX to verify your identity, source of funds, power of representation or any other information necessary for us to comply with laws, regulations, and our internal policies. If the information provided for verification purposes does not meet AML requirements, we will not allow any participation in the Token Sale and return possible obtained funds minus any fees, without interest, to the original source at the Purchaser's expense. Furthermore, you indemnify the Company of any suffered losses related to failure to process the purchase of FBX tokens due to AML concerns.

We may also gather information from third parties that may aid us in performing our AML/KYC checks more effectively. After you have completed the requirements successfully, you are required to maintain the information associated with your Account on Finblox, and you agree to update any personal information to reflect any changes that you previously provided and all relevant information by you to us is true, accurate and not misleading in any respect.

11. Limitation of Liability

You expressly acknowledge and agree that the disclaimers and limitation of liability contained herein apply to any and all losses, damages or injury whatsoever caused by or related to the use of, or inability to use, FBX or Finblox Services under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence), for any reason.

In no event shall Finblox, its affiliates, contractors, licensors and their respective directors, officers, employees and agents be liable for any direct, indirect, incidental, special, exemplary or consequential damages, or any other damages of any kind arising out of any circumstances, including, but not limited to: loss of assets, loss of FBX or FBX value, loss of profits, goodwill or data, in whole or in part, in any way whatsoever arising out of the purchase, use of or inability to use, or inability to purchase FBX, or arising out of any interaction with the smart contract implemented in relation to FBX. You also acknowledge that Finblox is not liable for the conduct of third parties, including other purchasers of FBX, and that the risk of purchasing and using FBX rests entirely with the Purchaser. The Purchaser should always ensure the security of any password, account number issued or any other type of secret code. The Purchaser must not share their password, account number and secret codes with anyone else. Finblox will not be liable, under any circumstances, for any loss or damage incurred by the Purchaser in respect of any breach of security in respect of his password, account number, and secret codes. If the Purchaser suspects or knows of any security breach of his password, account number or secret codes, he or she must report it to Finblox immediately.

In the event that, for any reason, the liability of Finblox may not be excluded, under no circumstances shall Finblox be liable to any Purchaser for more than 5% of the amount of Tokens that Purchaser has purchased.

Nothing in these terms shall affect the statutory rights of any Purchaser or exclude injury arising from any wilful misconduct or fraud of Finblox.

12. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Finblox, it's past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your purchase or use of FBX; (ii) your responsibilities or obligations under these Terms; (iii) your violation of these Terms; or (iv) your violation of any rights of any other person or entity.

Finblox reserves the right to exercise sole control over the legal defense, at your expense, of any claim subject to indemnification under this Clause. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company.

13. Force Majeure

Finblox is not liable for failure to perform caused by an unavoidable casualty, delays in delivery of materials, embargoes, government or regulatory orders, acts of civil or military authorities, acts by common carriers, emergency conditions (including weather conditions), acts of terrorism, security issues arising from the technology used, failure of Ethereum or other similar platforms, or any similar unforeseen event that renders performance commercially implausible.

14. Security

You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanisms you use to receive and hold FBX Tokens purchased from the Company, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Tokens. The Company is not responsible for any losses, costs or expenses relating to lost access credentials.

15. Tax Obligations

The Purchase Price that you pay for FBX Tokens is exclusive of all applicable taxes. You are solely responsible for determining what, if any, taxes apply to your purchase of Tokens, including, for example, sales, use, value-added and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. We are not responsible for withholding, collecting, reporting or remitting any sales, use, value added or similar tax arising from your purchase of Tokens. You agree not to hold Finblox liable for any tax liability associated with or arising from the creation, ownership, use or liquidation of Tokens or any other action or transaction related to the Platform.

16. Intellectual Property Rights

The Company retains all right, title and interest in all of the Finblox intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyright or patents based thereon. You may not use any of the intellectual property for any reason without the Company’s prior written consent.

The contents and design of the Platform, the Services, FBX, and any material e-mailed to you or otherwise supplied to you in conjunction with the Services (such contents, design, and materials being collectively referred to as the ‚ÄúFinblox Content‚ÄĚ), is copyright of Finblox and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as Finblox name and logo, FBX name and logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from Finblox. The software and Platform that operates all the Services are proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

17. Disclaimer of Warranties

You expressly agree that the purchaser is purchasing FBX at the purchaser's sole risk and that FBX is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose.

18. Governing law

These Terms and all non-contractual obligations arising in any way whatsoever out of or in connection with these Terms are governed by and construed in accordance with the laws of the British Virgin Islands, to which the Purchaser irrevocably and unconditionally submits.

19. Dispute Resolution

The terms of this Clause shall apply to all disputes arising out of, in connection with or in any way related to the sale of FBX Token by Finblox, including disputes related to Purchase Price, Purchased Amount, delivery of FBX to account or any other dispute concerning FBX that relates to events following up to and including the Delivery Date, and five business days thereafter.

a. Negotiations

If any dispute arises under these Terms that is not settled promptly in the ordinary course of business, the Parties shall seek to resolve any such dispute between them by negotiating promptly with each other in good faith. If the Parties cannot resolve the dispute within 30 business days (or any such period as the Parties shall otherwise agree) through negotiations, then any such dispute shall be submitted to mediation per the provisions below.

b. Mediation

Any dispute or difference between the Parties not settled by negotiations shall be referred to mediation at Hong Kong International Arbitration Centre (HKIAC) in accordance with its then-current Mediation Rules.

c. Arbitration

If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

20. Waiver of Class Actions and Class Arbitration

YOU AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT CLASS ACTIONS OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS CLAUSE, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND FINBLOX AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

21. Severability

The illegality, invalidity or unenforceability of any provision of the Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction, nor the legality, validity or enforceability of any other provision. Suppose any provision in the Terms shall be held to be illegal, invalid or unenforceable, in whole or in part; the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid, and enforceable and gives effect to the commercial intention of the Parties.

To the extent it is not possible to delete or modify the provision, in whole or in part, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of the Terms and the legality, validity and enforceability of the remainder of the Terms shall not be affected.

22. Assignment

The User may not assign, delegate, sub-contract or otherwise transfer all or part of his rights or obligations under the Terms whether by operation of law or otherwise, without Finblox’s express written consent, and any attempted assignment in violation of this prohibition shall be void ab initio and of no effect. Finblox may assign, delegate, sub-contract or otherwise transfer all or part of its rights and/or obligations under the Terms without notifying the User or obtaining the User’s consent. Any permitted assignment or transfer of or under these Terms shall be binding upon and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties hereto.

23. No Waiver

Failure or delay to enforce any of the terms or conditions of these Terms shall not constitute a waiver, relinquishment or modification of any of the Company’s rights of any such terms or conditions or any other terms or conditions. If we somehow are deemed to have waived any of our rights or have delayed the exercise of our rights, you are still responsible for any or all obligations required by you to us under these Terms. Any delay or waiver of our rights applies only to the specific instance in which we decide to delay or waive the provision explicitly and does not affect our other or subsequent rights in any way.

24. Term and Termination

These Terms are entered into for an unlimited duration and remain in force even after the FBX are delivered to the Purchaser’s Account.

The obligations of Finblox towards the Purchaser under these Terms shall be deemed to be satisfied in full once the amount of FBX as requested and paid for by the Purchaser are delivered to (registered with) the Purchaser’s Finblox Account.

The Purchaser's obligations under these Terms, including representations and warranties, shall be valid at all times the Purchaser holds FBX and/or has an active Finblox Account and shall survive the termination of these Terms.

You may terminate this Agreement between you and Finblox by closing your Finblox Account in accordance with the Finblox Terms and Policies.

We reserve the right to terminate and/or suspend your FBX purchase, access to the Finblox Services, the Platform, the Website, the Mobile App, undertake any actions and measures that we deem necessary to comply with the law, safeguard the Platform, the assets, to act under extreme market conditions, without liability to you, at any time for any reason, including, but not limited to, if based on our sole discretion we believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us.

25. Fairness and Reasonableness

You confirm that you had the opportunity to seek independent legal advice relating to all the matters provided for in the Terms and agree that there shall be no presumption that any ambiguity in the Terms should be construed against Finblox solely as a result of the role of Finblox in the drafting of the Terms, and the provisions of these Terms and all documents entered into pursuant to the Terms are fair and reasonable.

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© 2023 Finblox. All rights reserved.

When you transfer your digital assets through Finblox, the funds will be held initially with our custodial partner Fireblocks, the most trusted leading digital asset security infrastructure providing enterprise-grade security, insurance, and 24/7 access to digital assets.

Finblox is not a bank nor a deposit account, nor is it a depository institution, custodian, fiduciary, or any other type of asset account characterized as a banking product or service. Any information, services, and comments provided on the site are for informational and self-help purposes only and are not intended to be a substitute for professional financial advice. When you purchase crypto (Digital Assets) on the Finblox platform, your purchase will be facilitated by a third party. Finblox does not provide fiat-to-crypto onboarding.

Any services, information and/or materials contained herein may not be legally available for residents of certain jurisdictions, countries under embargoes or sanctions and/or other blacklisted countries. If such restrictions apply to you, you are prohibited from accessing the website and/or consume any services provided on this platform. You are requested to leave this website. Finblox is not available in some jurisdictions and territories, including Hong Kong.

Holding or trading digital assets could involve a substantial risk of loss, please take the time to fully understand the risks associated in our Risk Disclosure page. Insurance coverage scope is limited, limitations apply, please contact us for more details.

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