GENERAL TERMS AND CONDITIONS

Effective 01.02.2024

OVERVIEW

This website VirtCredit.com (“Site”) is operated by Intercharge s.r.o. (“Intercharge”). Throughout the Site and these general terms and conditions, the terms “we,” “us,” and “our” refer to Intercharge. Intercharge offers this Site, including all information, tools, and services ("Services”) available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. You can use the Services through your user account (“User Account”) that is set up by us.

By visiting our Site and/or using our Services, you agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms regulate the rights and obligations of Intercharge and you, the user, arising on the basis of and in connection with the agreement on provision of our Services provided to you through the Site (“Agreement”).

These Terms apply to all site users, including without limitation users who are browsers, customers, and/ or contributors of content. Please read these Terms and Conditions carefully before accessing or using our Site or Services. If you do not agree to all the Terms, you may not access the Site or use any of our Services.

Any new Services added to the current offer shall also be subject to the Terms and Conditions. In accordance with the Section 1752 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code”), the you hereby agree that we can unilaterally change the Terms and Conditions to a reasonable extent. The change in Terms and Conditions will be notified to the user by e-mail to his address specified in the User Account. The user may refuse change of the Terms and Conditions and terminate the Agreement in writing with a notice period of one (1) month. You can also review the most current version of this document at any time on Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Unless expressly stated otherwise herein, these Terms and Conditions shall not apply to users that are consumers, as we do not provide any Services to consumers.

SECTION 1 - ABOUT INTERCHARGE,THE SERVICES, THE AGREEMENT AND THE USER ACCOUNT

Intercharge s.r.o has its registered office at Rybná 716/24, Staré Město, 110 00 Praha 1, with the company register number 211 80 261, and is registered in the commercial register maintained by the Municipal Court in Prague, Section B, insert 20326.

The Services allow users of the Services (“Members,” “Clients” or “you”) to:

buy Virtual Assets and Digital Assets in exchange for fiat currency in EUR (“Fiat Currency”) and

to send the purchased Virtual Assets and Digital Assets to a defined Target Address of the Client that purchased the Virtual Asset or Digital Assets in question

You shall gain access to its User Account available on Site on the basis of a completed registration and only after the Agreement is concluded. During the registration process you are obliged to provide us with the information and documents needed to perform the identification of the client and know-your-customer check in accordance with the Act No. 253/2008 Coll., Certain Measures against the Legalisation of Proceeds from Criminal Activities and the Financing of Terrorism, as amended (“AML Act”).

When the registration process is completed, we will send you the proposal for concluding the Agreement together with the text of Agreement and these Terms and Conditions to your e-mail address specified during the registration. The Agreement is concluded when you accept our proposal for concluding the Agreement by an email sent to our e-mail address. We are not obliged to enter into Agreement and we reserve the right to not to make the proposal for concluding Agreement for any reason or without stating a reason. In particular, we are entitled not to conclude the Agreement in case that we have a suspicion that you may be involved in legalization of criminal proceeds and/or financing of terrorism.

Intercharge and the Client may unilaterally terminate the Agreement by notice for any reason or without stating a reason, with a notice period of one (1) month as of the delivery of the notice to the e-mail address of the receiving party. Furthermore, we are entitled to unilaterally terminate the Agreement by notice that becomes effective immediately upon delivery to your e-mail address (without notice period) in case that i) you have breached your obligation stated herein or by the generally applicable legal regulations, or ii) we have a suspicion that you may be involved in legalization of criminal proceeds and/or financing of terrorism. Should we have at the time of termination of the Agreement at our disposal any Fiat Currency sent to us by you for the purpose of purchasing Virtual Assets or Digital Assets, we will not carry out any the transactions (purchase of Virtual Assets or Digital Assets) and we will send the Fiat Currency currently deposited into your User Account back to your bank account from which you sent it to us.

SECTION 2 - GENERAL CONDITIONS

The use of our services is subject to verifications, as required by statutory and regulatory obligations incumbent on us, in particular, by AML Act. You agree to provide us with the information, documents and other cooperation we request for the purposes of identity verification, compliance with know-your-customer rules, as well as detection of money laundering, terrorism financing, fraud, or any other financial crime. The requested information may include personal data. By providing us with the information we request, you confirm that it is true and accurate and agree to inform us in case of change concerning such information. You will not be able to use our Services and/or access your User Account until we are satisfied with the information you have provided and determine in our sole discretion that it is sufficient to validate your request.

Depending on your country of residence, you may not be able to use all the functions of the Site or Services. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you access this Site and the Services. As long as you agree to and comply with these Terms of Use, Intercharge grants you the personal, non-exclusive, non-transferable, non-sublicensable, and limited right to enter and use the Site and the Services.

All our Services are provided without warranty of any kind; either express or implied. We do not guarantee that the Services and the Site will be available 100% of the time to meet your needs. We will strive to provide you with the Services as soon as possible. Still, there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.

We will use reasonable endeavors to ensure that the Services and the Site can be accessed by you in accordance with the present Terms of Use. However, we may suspend the use of the Site and Services for maintenance. You accept the risks associated with the fact that you may not always be able to use our Services and the Site.

SECTION 3 - GENERAL USE

By using our Services and entering into this User Agreement, you affirm that:

you are a business entity, and agree to be legally bound by and by generally applicable legal regulations, by the Terms and Conditions , including the Cookie Policy, the Privacy Policy and the Trading Code of Conduct, as incorporated herein, as amended from time to time;

3.1 you have not previously been suspended or removed from our Services;

3.2 you have full power and authority to enter into Agreement and by doing so will not violate any other legal relationships;

3.3 you are using our Services with your official business email and for your own benefit and do not act on behalf and/or to the interest of any other person;

3.4. you are using the Services in the accordance with the generally applicable legal regulations.

SECTION 4 – PURCHASE OF VIRTUAL ASSETS AND DIGITAL ASSETS, PPAYMENTS AND PRICES

Through your User Account, you can select the Digital Asset or Virtual Asset that you are interested in purchasing, along with determining the value (amount) of such asset ("Purchase order”).

Immediately after receiving Fiat Currency in the amount corresponding to the amount of selected Digital Asset or Virtual Asset ("Purchase Price”) plus our Commission to our bank account (or in case that you have already sent the relevant amount to our bank account and the amount corresponding to Purchase Price is already deposited into your User Account), we will proceed according to your instructions (Purchase order) and buy the relevant amount of Digital Asset or Virtual Asset on your account and on your behalf. In case that you do not have a sufficient amount of Fiat Currency deposited into your User Account, we will not execute your Purchase order and will not purchase the selected asset.

The purchased Digital Asset or Virtual Asset shall be sent to your defined Target Address as defined in your User Account. We reserve the right not to execute the Purchase order and not to purchase the requested asset for you, in particular in case that we have a suspicion that you may be involved in legalization of criminal proceeds and/or financing of terrorism or in case that we have a suspicion that the Target Address may belong to a third party.

The Fiat Currency to be used to pay the Purchase Price can be paid to our bank account via SEPA bank transfer. The Fiat Currency may be paid only through your bank account specified during your registration. Cash payments are not accepted. All payments of Fiat Currency made by you in connection with the Agreement will be deposited into your User Account. You can use your User Account to buy Virtual Assets and Digital Assets, using your funds deposited into your User Account. You are not entitled to any interest on the funds (Fiat Currency) that you have sent to our bank account for the purpose of purchase the Virtual Asset or Digital Asset and payment of the Purchase Price during the period between depositing the funds into our bank account and purchasing the Virtual Asset or Digital Asset. Any and all financial funds (Fiat Currency) deposited by you in order to purchase

We charge you a Commission (“Commission”) for each amount of Fiat Currency sent to our bank account in order to pay the Purchase Price for the Digital Assets and Virtual Assets purchased through the Site. The Commission charged is in the amount of 0,2% of the Fiat Currency sent tou our bank account. The transferred amount Fiat Currency will be credited to your user account, after deducting our Commission. Please note that the deposit settlement times are subject to bank holidays, the processes of partner banks, and the processes of your bank. In addition to that, deposit settlement times may be delayed because of any technical issues.

SECTION 5 - REFUND POLICY

All deposit payments and purchases of Virtual Assets and other Digital Assets done with any payment method are final. We do not accept any returns or provide refunds for your purchase of Virtual Assets or any other Digital Assets from Intercharge, unless stated otherwise herein.

In the event that the exchange of Fiat Currency to Virtual Assets or other Digital Assets is not processed because of any technical issues or high price volatility during the procedure or because of any other reason on our part, we will credit the Client's bank account with Fiat Currency.

SECTION 6 - KEEPING YOUR VIRTUAL AND DIGITAL ASSETS SAFE

We are not a custodial service, do not acquire any rights, title, or interest in, and do not assume and have no rights or control over any Virtual Assets or other Digital Assets or any other Client assets other than in respect of actions taken per our agency authority and your Instructions. The Digital Assets and Virtual Assets purchased through the Site are sent directly to your defined Target Address. As a result, we will not transfer or sell any Virtual Assets or other Digital Assets other than per your instructions (which includes any instructions mandated by law, regulatory authority, or enforcement agencies).

SECTION 7 - RISKS OF TRADING

The trading of goods and products, real or virtual, as well as virtual currencies, involves significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency - virtual or not - may be subject to large swings in value and may become worthless. There is an inherent risk that losses will occur due to buying, selling, or trading anything on the market.

Virtual Assets and Digital Asset trading also have special risks not generally shared with official currencies, goods, or commodities in a market. Unlike most currencies backed by governments or other legal entities or by commodities such as gold or silver, Virtual Assets and Digital Assets are a unique type of asset-backed by technology and trust. There is no central bank that can issue more virtual assets or take corrective measures to protect the value of Virtual Assets and Digital Assets in a crisis.

Instead, Virtual Assets and Digital Assets are an as-yet autonomous and largely unregulated global system of firms and individuals. Traders put their trust in a digital, decentralized, and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.

The trading of Virtual Assets and Digital Assets is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence in Virtual Assets and Digital Assets might collapse because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.

There may be additional risks that we have not foreseen or identified in our Terms and Conditions.

You should carefully assess whether your financial situation and risk tolerance are suitable for buying, selling, or trading Virtual Assets or Digital Assets.

As set out above, Intercharge will act only on your Instructions regarding Virtual Assets and Digital Assets and does not otherwise acquire any right, title, or interest in them. Whilst Intercharge uses reasonable care in the appointment of third-party custodians, in the event of a third-party custodian becoming insolvent or entering into an insolvency process in a relevant jurisdiction, you may have only an unsecured claim against the third-party custodian, and Members' Virtual Assets or Digital Assets may be at risk subject to any protections provided at law in the relevant jurisdiction.

SECTION 8 - DIGITAL FORKS

Intercharge has no control over the software protocols which govern or constitute the framework of Virtual Assets or other Digital Assets. Therefore, Intercharge assumes no responsibility for the update or any modification of the underlying protocols, and Intercharge is not able to guarantee their functionality, security, or availability.

By accepting the present Terms of Use, you acknowledge and accept the risk that underlying software protocols relating to any of the virtual currencies available on the Site are likely to be subject to sudden changes in operating rules (hereafter “fork”), and such forks may materially affect the value, function and/or the name of the virtual currencies.

By entering into the Agreement and agreeing to the present Terms and Conditions, you acknowledge the risks presented by forks, and you accept that we have no responsibility to assist you in moving or selling Virtual Assets or other Digital Assets of an unsupported branch of a forked protocol.

We reserve the right to suspend, delay or cancel an Instruction (Purchase order) or series of Instructions (Purchase orders) issued by a Member or colluding Members which if executed would result in a price swing of 5% or more of the value of a Virtual Asset or Digital Asset available on the Site.

You will not take, directly or indirectly, any action designed, or that might reasonably be expected, to cause or result in destabilization or manipulation of the price of Virtual Assets or Digital Assets, which are available on the Site.

SECTION 9 - PROHIBITED ACTIVITIES

You agree not to use the Site or Services to perform criminal activity of any sort, including but not limited to money laundering, illegal gambling operations, terrorist financing, malicious hacking, or any criminal or illegal activity.

SECTION 10 - LIMITED RIGHT OF USE

Unless otherwise specified, all materials on this Site, including, but not limited, to text, graphics, logos, icons, and images (“Materials”), are the property of Intercharge and are protected by copyright, trademark, and other applicable laws. You may view, print, and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational, and/or non-commercial use, provided you comply with all copyright and other proprietary notices.

The trademarks, service marks, and logos of Intercharge and others used on this Site (“Trademarks”) are the property of Intercharge and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Site belong to Intercharge. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other website or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

SECTION 11 - TRANSACTION RECOVERY

You are fully responsible for any mistakes, errors, or defects which may arise in the course of any transaction that leads to partial or complete loss of your Digital Assets and/or Virtual Assets. Intercharge shall not be liable for any damages resulting from any actions previously described. Intercharge shall in no case be liable for any loss, including, but not limited to, transfers between addresses, transactions, deposits or withdrawals resulting from your improper actions or activities, or erroneous transactions, deposits or withdrawals resulting in your Digital Assets and/or Virtual Assets being lost. Intercharge shall not compensate you for any losses resulting from such actions or activities.

SECTION 12 - EXTERNAL WEBSITES

We make no representations whatsoever about any External Websites you may access through the Site, including the websites of any third-party custodian service providers. Occasionally, the Intercharge website may provide references or links to External Websites. We do not control these External Websites or third-party sites or any of the content contained therein. You agree that we are in no way responsible or liable for the External Websites referenced or linked from the Intercharge website, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities, advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to or arising from those sites. You shall bear all risks associated with the use of such content.

External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms, and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature.

SECTION 13 - MEANS OF COMMUNICATION

Unencrypted email messages sent over the Internet are not secure, and Intercharge is not responsible for any damages incurred by the result of sending email messages in this way. We suggest sending emails in encrypted formats.

If you send unencrypted or unsecured email or other types of communications to us, we may respond using the same channels, and you hereby accept the risks associated therewith.

SECTION 14 - LIMITATION OF LIABILITY

To the extent permitted by law, Intercharge will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arising from gross negligence, willful deceit, or fraud. Intercharge may be liable only for the culpable breach of its obligations. Nothing in these terms excludes or limits either party's liability for fraud, death, or personal injury caused by negligence, which may not be limited or excluded by law. Although Intercharge endeavors to provide accurate and timely information on the Site, the Site may not always be entirely accurate, complete, or current and may include errors. Intercharge may change or update the Site at any time without notice, and you should accordingly verify with independent sources all information before relying on it to make decisions or actions. You remain entirely responsible for your decisions and actions. Subject to the above, you also agree and acknowledge that Intercharge has no liability or responsibility regarding the custody of any Virtual Assets and/or Digital Assets.

SECTION 15- INDEMNITY

To the full extent permitted by applicable law, you hereby agree to indemnify Intercharge and its partners against any action, liability, cost, claim, loss, damage, proceeding, or expense suffered or incurred if directly or not directly arising from your use of the Site or the Services or your violation of these Terms of Use.

SECTION 16 - TAXES

It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.

SECTION 17 - FORCE MAJEURE

If we are unable to perform the Services outlined in the Terms of Use due to factors beyond our control, including but not limited to an event of Force Majeure, change of law, or change in sanctions policy, we shall not be liable for the Services provided under this agreement or for any damage incurred in connection with the Services during the time period coincident with the event.

SECTION 18 - CONTACT INFORMATION

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Services or any other matter, please find the contact information on the Site or email

SECTION 19 – GOVERNING LAW

The Agreement, as well as any and all rights and obligations of the parties arising under or in connection with the Agreement or with the Services and Site, shall be governed by Czech law, in particular the Civil Code. The courts of the Czech Republic shall have jurisdiction and authority to settle any and all disputes arising out of the Agreement or in connection with the Services and Site.