Risk Disclaimer

Please consider the following risk factors (many of which are specific and inherent to cryptographic tokens) before using any part of our Wallet/website/platform and before purchasing and/or trading MoonFORCE cryptographic tokens or any other cryptographic token which we (or any third-party service provider accessed through our platform) may offer through our Wallet/website/platform from time to time (“ tokens”). The value of the tokens as well as your ability to access and transfer the tokens could be materially and adversely affected if any of these risk factors materialize. As a result, when you purchase tokens you expose yourself to considerable risk and potential financial losses.

Please also note that this Risk Statement is not exhaustive. You should carry out further research (and seek professional advice) to carefully determine whether purchasing and/or trading tokens is suitable for your particular financial situation and risk tolerance.

SUBJECT TO ANY PROVISION TO THE CONTRARY SET OUT IN OUR EULA, WE SHALL NOT BE LIABLE FOR ANY LOSS INCURRED BY YOU RESULTING FROM YOUR ACCESS TO OUR PLATFORM OR FROM YOUR PURCHASE, TRANSFER OR USE OF TOKENS.

TOKENS ARE HIGH-RISK ASSETS AND YOU SHOULD NEVER USE FUNDS THAT YOU CANNOT AFFORD TO LOSE TO PURCHASE TOKENS.

1. PRICE VOLATILITY

The price of tokens can be subject to dramatic fluctuations and high volatility due to the rapid shifts in offer and demand resulting from events such as but not limited to: (a) good or bad publicity, (b) changes in the financial technology industry, (c) technological advancement, (d) market trends, (e) general economic and/or political conditions, (f) degree of adoption, (g) degree of institutional support, (h) regulatory measures, (i) degree of government support, (l) market dynamics, (m) trading activities, (n) hacking, and (o) events affecting large service providers, including exchanges.

AS A RESULT OF PRICE VOLATILITY, YOUR TOKENS MAY LOSE ALL VALUE AND BECOME WORTHLESS. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS INCURRED BY YOU AS A RESULT OF THE INHERENT PRICE-VOLATILITY OF TOKENS.2. CRYPTOGRAPHIC WALLETSTokens are stored on cryptographic wallets ("Wallets"). A private key (for example, a passphrase) is usually necessary to access, control and/or dispose of tokens that are stored in your Wallet. Losing access to the private key(s) associated with your Wallet may result in the permanent loss of your ability to access and dispose of your tokens.

You are solely responsible for implementing all reasonable and appropriate measures for securing access to your private key(s) and Wallet.

WE DO NOT HOLD COPIES OF YOUR PRIVATE KEY(S). WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR INABILITY TO ACCESS YOUR WALLET AND/OR PRIVATE KEYS.

3. PROTOCOLS

Tokens are recorded on distributed ledgers (typically shared across networks of users) which are governed by, subject to, and distinguished on the basis of certain set of rules known as protocols.

3.1 Malfunction, breakdown and/or abandonment of protocols

Any malfunction, breakdown, and/or abandonment of the protocols (and of any consensus mechanism, where applicable) on which the tokens are based could severely affect the price of the tokens as well as your ability to dispose of the tokens (particularly where the protocol relies on substantial participation and wide networks to operate properly).

3.2 Mining attacks

Some protocols integrate consensus-based mechanisms for the validation of transfers (“Consensus Protocols”). Consensus Protocols are, therefore, susceptible to attacks at the stage of validation, where the token transactions are approved by the network. This may affect the accuracy of transactions occurring on the protocol, and in your tokens being misappropriated (for example, through what is typically referred to as double spending attacks).

3.3 Hacking and security weaknesses

Tokens may be subject to expropriation and/or theft. Bad actors (including hackers, groups and organizations) may attempt to interfere with the protocols or the tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, sybil attacks, smurfing and spoofing.

Furthermore, some protocols are based on open-source software and, as a result, subject to the risk of weakness being introduced to the protocols (either willingly or accidentally) at the development stage. Any such weakness may be exploited by bad actors for the purposes of misappropriating your tokens, or otherwise affect the functionality of the protocol and of your ability to dispose of your tokens.

WE DO NOT HAVE CONTROL OVER THE PROTOCOLS. AS SUCH, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH THE PROTOCOLS.

4. LAWS AND REGULATIONS

The legal and/or regulatory framework surrounding tokens and distributed ledger technology is uncertain, not harmonized, and unsettled in many jurisdictions.

It is difficult to predict what framework will become applicable to tokens in the near future and how the implementation of dedicated legal and/or regulatory frameworks will affect the price of tokens. A newly introduced legal and regulatory framework may interfere with or otherwise limit your ability to hold or dispose of your tokens, which in turn could result in a financial loss on your part.

WE ARE NOT RESPONSIBLE FOR ANY LOSS WHICH YOU MAY SUFFER AS A RESULT OF ANY NEWLY INTRODUCED LEGAL AND/OR REGULATORY FRAMEWORK.

5. TAXATION

The tax characterisation of tokens is complex and largely uncertain. The uncertainty in the tax treatment of tokens may expose you to unforeseen future tax consequences associated with purchasing, owning, selling or otherwise using tokens. You should seek tax advice to understand what tax obligations apply to you when purchasing, holding, transferring, and utilizing tokens. Failure to comply with your tax obligations could result in severe fines and even jail time.

WE ARE NOT RESPONSIBLE FOR ANY LOSS OR OTHER FORM OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR FAILURE TO COMPLY WITH ANY TAX LIABILITY THAT IS OR WILL BE APPLICABLE TO YOU.

6. UNANTICIPATED RISK

SIn addition to the risks included in this document, there are other risks associated with your purchase, holding, trading, and use of tokens, some of which we cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this section.

THIS RISK STATEMENT IS NOT EXHAUSTIVE AND SHALL NOT BE TAKEN TO ENCOMPASS ALL RISKS INVOLVED IN THE PURCHASE, HOLDING, TRADING AND USE OF TOKENS. SUBJECT TO THE TERMS OF THE EULA, WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS SUFFERED BY YOU AS A RESULT OF UNANTICIPATED RISKS.

Wallet EULA
February 2022

MoonFORCE WALLET - EULA
The MoonFORCE Wallet application and its accompanying online or electronic documentation (“App”) have been produced by and are the property of MoonFORCE US LLC (“MoonFORCE”). MoonFORCE is referred to as “us”, “we”, and “ our” in this EULA.

THE EULA FORM A BINDING AGREEMENT BETWEEN YOU (“YOU”) AND US. YOUR USE OF THE APP IS CONDITIONAL ON THE TERMS AND CONDITIONS SET OUT IN THIS EULA, SO PLEASE READ THEM CAREFULLY.

BY USING THE APP YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA OR PRIVACY POLICY YOU SHOULD NOT USE THE APP.

1. IMPORTANT TERMS

1.1 Some of the most prominent risks associated with crypto, as set out in clause 3.

1.2 Details on the terms governing your User Account, as set out at clause 4.

1.3 The limitation applicable to our liability, as set out in clause 14.

2. ABOUT THE APP

2.1 The App enables users to generate and store private keys to their own cryptographic wallets (“Wallet”), and to access their Wallet to view their balance and to initiate transactions for the transfer of cryptographic assets.

2.2 While the App enables users to make crypto transactions, please note that MoonFORCE is not a money transmitter or a money services business.

2.3 The privacy policy is in an important document which governs our use of the personal and anonymous data that we obtain from your use of the App. We only use this data in accordance with our privacy policy.

3. ABOUT CRYPTO

3.1 Crypto may not be appropriate for everyone. Before making use of crypto you should learn about them to ensure they are appropriate for you. As with all currencies, there are some risks associated with using crypto. Some of the risks particular to crypto include:

3.1.1 loss of crypto due to hardware malfunction – if the hardware on which the App is stored (“Hardware”) breaks, you could lose the crypto stored on hardware;3.1.2 currency fluctuation - the price of crypto may fall sharply and may even fall to zero;

3.1.3 crypto transactions may be unconfirmed for a period of time. Although very unlikely, some crypto transactions may never be confirmed - crypto transactions which are unconfirmed are not completed;

3.1.4 crypto transactions are irreversible - if you send crypto to the wrong person, you may be unable to recover those crypto;

3.1.5 crypto may be lost if you lose or forget any PINs or passwords necessary to access and spend those crypto;

3.1.6 unknown technical defects inherent in crypto; and

3.1.7 new regulation which impacts on crypto use.

You may find more information about the different risk factors that are relevant to crypto in our Risk Statement.

3.2 By agreeing to this EULA or by using the App, you are indicating your acknowledgment and acceptance of the risks associated with crypto.

4. USER ACCOUNTS

4.1 By using the App, you confirm that you are over 18 years of age.

4.2 In accordance with our privacy policy, we will remotely store your email, mobile number and other information necessary to enable people to send crypto to you.

4.3 When the wallet is created, we will also allocate you with a corresponding “Private Key”. The Private Key enables any crypto sent to the App wallet to be spent. For security reasons, WE DO NOT KEEP a backup of your Private Key.

4.4 IF YOUR PRIVATE KEYS ARE LOST OR DELETED, YOU WILL BE UNABLE TO ACCESS YOUR WALLET AND DISPOSE OF THE CRYPTO STORED IN THE APP. More information on how you can backup your own Private Key is set out below.

4.5 You have the option to use a PIN (or other security measures which may be made available to you from time to time) to secure access to the App. If you activate the PIN, it will be required to spend any stored crypto.

4.6 Your PIN is personal to you and must not be disclosed to any other person. We are entitled to assume that any use of the App is made by you. You are solely responsible and liable for any use of the App.

4.7 IT IS UP TO YOU TO TAKE WHATEVER SECURITY MEASURES YOU THINK NECESSARY TO ENSURE THAT YOUR PIN AND THE HARDWARE ARE SECURE. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF THE APP OR YOUR PIN BY YOU OR ANY OTHER PERSON. IF YOU THINK ANY OTHER PERSON KNOWS YOUR PIN, OR THAT YOUR HARDWARE HAS BEEN USED OR ACCESSED BY ANY OTHER PERSON WITHOUT YOUR PERMISSION, YOU MUST CHANGE YOUR PIN AND INFORM US IMMEDIATELY.

5. YOUR USE OF THE APP

5.1 As a condition of using the App, our privacy policy shall apply. You confirm that you have read the privacy policy and that you understand how we collect personal and anonymous data. All data that we collect is used to understand and improve your use of the App to provide the functionality of the App, or as otherwise set out in the privacy policy.

5.2 Subject to the privacy settings in the App which you set, we may send you push notifications whilst the App is installed.

5.3 When making transactions using the App, you are responsible for determining what tax should or should not be applied, paid, reported or collected.

5.4 You must not (whether yourself or through a third party acting on your behalf or for your benefit), attempt, whether or not successfully, to:

5.4.1 reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner any Further Features which may be made available subject to clause 10 or any part of any of them, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;

5.4.2 mine, buy, sell, exchange, hold, own or otherwise use or exploit crypto in any way which is prohibited by the laws, regulations or regulatory guidance which apply to you. You are responsible for remaining aware of any changes to applicable laws, regulations or regulatory guidance;

5.4.3 defraud us or any of our other users or access any information which belongs to us or any of our other users; or

5.4.4 use the App in a way which causes unreasonable demands on our technology or technical infrastructure, or breach or circumnavigate any of our security measures.

6. BACKING UP

6.1 The App gives you the option to download a copy of your Private Keys (“ Backup”). WE STRONGLY RECOMMEND THAT YOU BACKUP YOUR PRIVATE KEYS.

6.2 IT IS UP TO YOU TO TAKE WHATEVER SECURITY MEASURES YOU THINK NECESSARY TO ENSURE THAT YOUR BACKUP IS SECURE. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR BACKUP BY YOU OR ANY OTHER PERSON.

7. OWNERSHIP OF THE APP AND CONTENT

7.1 All intellectual property in the App, except for User Content (please see clause 9) is owned by us and/or our licensors.

7.2 The ‘MoonFORCE’ is a trade mark (including our logo) and belongs to us. All rights are reserved by us in the trade mark.

7.3 All intellectual property rights in the Further Features and content on the Further Features (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (" Content") belongs to us and/or our licensors. All of our rights are reserved.

7.4 You are not sold the App, the Further Features or any Content, but are granted a personal license to use the same in accordance with this EULA.

8. LINKS TO WEBSITES, OTHER APPS AND THIRD PARTY SERVICES

8.1 Where we make available links to other websites or apps in the App, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked websites or App’s terms of use or privacy policy.

8.2 If you permit any third party to access the App (whether this access is enabled through the App itself or through a third party application), you acknowledge that you remain solely responsible for any actions or omissions enabled by the grant of your permission.

9. USER CONTENT

9.1 To the extent that the App allows you to publish any content, data or other information (“User Content”), then you acknowledge that we may copy, store, adapt, modify, and use the User Content to enable us to provide the App and the User Content to you and others (as applicable).

9.2 You retain all ownership of your User Content that you upload, and you are free to use it elsewhere.

9.3 You hereby grant us a non-exclusive, irrevocable and perpetual, royalty free, worldwide, sub-licensable and transferable right to copy, adapt, modify and use the User Content, and you acknowledge that we may make the User Content available to other users of the App.

9.4 You confirm that any User Content shall be your own original work and you shall not infringe the intellectual property rights or privacy rights of any third party or defame any person.

9.5 To the extent that the App allows you to message or communicate with other users of the App, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust. You must not send any abusive or offensive material. We do not moderate any communications that you may send from the App or which may be sent to you.

9.6 We will use your User Content in accordance with our privacy policy.

9.7 After you delete the App, your User Content shall remain on our servers for a limited period of time as part of our backup system.

10. FURTHER FEATURES

10.1 We may in the future offer further content or features for you to purchase and/or download and use in the App (“ Further Features”). Further Features are a part of the App. If you agree to purchase and/or download Further Features, we grant you a non-exclusive, personal, revocable, non-transferable license to use the Further Content in the App on the terms of this EULA.

10.2 Further Features may be made available subject to additional terms, which we will notify you before you purchase and/or download any Further Features.

11. SYSTEM REQUIREMENTS
This App has been developed to work on the latest version of the Apple iOS and Google Android operating systems (“OS”) at the time of its release. OS may from time to time update the operating system, and we will endeavor, but not be obligated, to update the App if applicable to ensure that its functionality and performance continues with any updated release. It is your obligation to ensure that you are using the latest public release of the software.

12. INDEMNITY
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12.1 You agree to indemnify us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from:

12.1.1 your use of the App;

12.1.2 any actions or omissions of any third party that accesses the App (whether this access is enabled through the App itself or through a third party application); and

12.1.3 any breach or suspected breach of this EULA by you or from your violation of any law or the rights of any third party.

13. TERM AND TERMINATION

13.1 This EULA takes effect upon your download and/or use of the App and remains effective until terminated by either of us. You may terminate this EULA at any time by removing the App from the Hardware on which it is installed. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the App and delete all copies of the App. YOU SHOULD NOT DELETE THE APP WITHOUT HAVING BACKED-UP YOUR PRIVATE KEYS.

13.2 The following clauses of the EULA shall survive termination: Clause 7 (Ownership), Clause 12 (Indemnity), Clause 13 (Term and Termination), Clause 14 (Limitation of Liability) and Clause 15 (General Provisions).

14. OUR LIMITATIONS OF LIABILITY

14.1 THE APP IS PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY.

14.2 WE DO NOT GUARANTEE THAT (I) THE APP WILL BE FREE OF ERRORS, VIRUSES, BUGS OR OTHER DEFECTS; OR (II) THAT THE APP OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP OR IN THE DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE APP WILL BE CORRECTED.

14.3 YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE APP HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE APP MEET YOUR REQUIREMENTS.

14.4 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OR DAMAGE, WHETHER SUFFERED DIRECTLY OR INDIRECTLY, IMMEDIATELY OR CONSEQUENTIALLY AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING ANY:

14.4.1 SPECIAL DAMAGE EVEN IF THE SUPPLIER WAS AWARE OF THE CIRCUMSTANCES IN WHICH SUCH SPECIAL DAMAGE COULD ARISE;

14.4.2 LOSS OF PROFITS;

14.4.3 LOSS OF ANTICIPATED SAVINGS;

14.4.4 LOSS OF BUSINESS OPPORTUNITY;

14.4.5 LOSS OF GOODWILL;

14.4.6 LOSS OR CORRUPTION OF DATA,

14.4.7 LOSS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE RISKS SET OUT IN CLAUSE 3.

14.5 WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR AS A RESULT OF THE DEVICE ON WHICH THE APP IS RUN OR BY ANY PRODUCTS OR SERVICES PAID FOR WITH THE SERVICES OF THE APP OR THE ACT OR OMISSIONS OF ANY SELLER OF ANY PRODUCTS OR SERVICES PAID FOR WITH THE SERVICES OF THE APP.

14.6 OUR LIABILITY TO YOU, TO THE EXTENT WE CANNOT EXCLUDE IT ENTIRELY, SHALL, WHERE PERMISSIBLE BY LAW, BE LIMITED TO THE FULLEST EXTENT.

14.7 NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE BY US, OR ANY LIABILITY NOT CAPABLE OF LIMITATION BY APPLICABLE LAW.

15. GENERAL PROVISIONS15.1 This EULA sets out the complete understanding and agreement between us and you. No waiver by us of any failure by you to comply with or perform a provision of EULA shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.2 This EULA is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement.

15.3 We may change this EULA for any reason. We will notify you of any changes and you will be required to accept the changes to continue to use the App.

15.4 If any provision of this EULA is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.

15.5 Subject to your local consumer laws, and in the event of any dispute between you and us, and regarding this EULA and/or your use of the App, the laws of the State and federal courts of Delaware, US shall apply You agree that in the event we are unable to settle any dispute with you, then any court or arbitration proceedings shall be held in Delaware, US only.

February 2022