Terms of Service

Last updated: 2026

I. Introduction

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

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

Certain SmashPay Services are provided in connection with or facilitated by HiFi, a third-party service provider. By using such Services, you also agree to be bound by HiFi’s Terms & Conditions and Privacy Policy. In the event of any conflict between these Terms and HiFi’s terms, HiFi’s terms shall govern with respect to the services provided by HiFi.

II. Definitions

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

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

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

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

III. SmashPay Services

1. The SmashPay Services comprise of:

1.1 The SmashPay Wallet Service comprising of the Topping-up Service, Custody Service, Transfer Service, and Withdrawal Service;
1.2 The SmashPay Exchange Service governed by Exhibit I to these Terms;
1.3 The SmashPay Crypto Credit governed by Exhibit II to these Terms;
1.4 The SmashPay Earn Interest Product governed by Exhibit III to these Terms;
1.5 The SmashPay Card governed by Exhibit IV to these Terms;
1.6 The SmashPay Booster governed by Exhibit V to these Terms;
1.7 The SmashPay Staking Product governed by Exhibit VI to these Terms;
1.8 The SmashPay Futures Product governed by Exhibit VII to these Terms;
1.9 The SmashPay Dual Investment Product governed by Exhibit VIII to these Terms;
1.10 The SmashPay Loyalty Program governed by Exhibit IX to these Terms;
1.11 The SmashPay Referral Program governed by Exhibit X to these Terms;
1.12 Any other product, service or incentive program offered by SmashPay that may be launched via the SmashPay Platform or accessed through your SmashPay Account.

2. All or part of the SmashPay Services, some features thereof, or some Digital Assets may not be available to certain Clients or Digital Assets, to the extent applicable, at any time, as indicated in the SmashPay Account and on the SmashPay Platform.

3. The access to your SmashPay Account will allow you to: (i) request a SmashPay Service, (ii) view your balance and Transaction History, (iii) top up, withdraw and transfer Digital Assets, for which such options are available on the SmashPay Platform and/or in the SmashPay Account, and subject to revision from time to time at our sole and absolute discretion, (iv) perform other actions in relation to the above.

IV. Onboarding

1. By opening your SmashPay Account and/or using the SmashPay Services, unless stipulated otherwise in these Terms or the relevant Exhibit, you acknowledge and confirm that:

1.1. You are not a citizen or resident of a sanctioned country, area or region 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, the UK Treasury, etc.;

1.2. You are not identified as a "Specially Designated National" and are not placed in the US Commerce Department's Denied Persons List;

1.3. You are not a resident of the EEA, including the EU and all associated with it overseas countries and territories, Andorra, Monaco, San Marino, Switzerland, Vatican City, United Kingdom, USA and its territories, Canada, United Arab Emirates, Australia, and New Zealand and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the SmashPay Services or any of them;

1.4. You are at least 18 years old or of legal age to enter into contractual relations with SmashPay (whichever is later);

1.5. You are the exclusive beneficial and/or legal owner of any Digital Assets to be topped up into your SmashPay Account, or the fiat currency to be used for the purchase of such Digital Assets, as the case may be, to which these Terms apply;

1.6. You are the beneficial owner of your SmashPay Account and do not act on behalf of or represent any other third party unless otherwise required or permitted under any Applicable Law, as evidenced by the necessary documents;

1.7. You comply with all Applicable Law requirements relevant to you and your use of the SmashPay Services, such as tax, exchange control and registration ones, as well as with all SmashPay's requirements in this regard;

1.8. You have read, understood and agreed to our Privacy Policy, Cookies Policy and the present Terms.

2. You are not entitled to: (i) open more than one SmashPay Account, (ii) open a new SmashPay Account if we have previously suspended, limited or terminated your SmashPay Account.

3. When you ask SmashPay to open your SmashPay Account, you shall provide SmashPay with all the information and/or documents, as may be requested by SmashPay or any third party acting on its behalf, so SmashPay can verify your identity and validate your funding sources and transactions. SmashPay or any third party acting on its behalf may additionally verify the information and/or documents provided by you from secure databases, to which you grant your explicit consent by entering into this Agreement. You hereby authorize SmashPay to undertake any electronic identity verification checks on you directly or through third parties, either at the time of entering into this Agreement or at any time thereafter.

4. We can refuse to open your SmashPay Account and grant you access to the SmashPay Services or any of them, without being in any way obliged or required to provide you with the reasoning for this decision.

5. You hereby represent and warrant that all the information you provide SmashPay with is complete, accurate and up-to-date at all times. If there are any changes in this information, you shall notify SmashPay and send SmashPay accurate information without any delay.

6. If at any point SmashPay needs to verify that the information it has about you is complete, accurate and up-to-date, SmashPay will contact you and request that you either provide more information or go through the verification process all over again. If you do not complete all the necessary steps, or if you fail to provide SmashPay with complete, accurate and up-to-date information, SmashPay will not be able to provide you with the SmashPay Services. SmashPay may also, at its sole and absolute discretion, restrict or terminate your access to the SmashPay Services and/or the Digital Assets in your SmashPay Account in the event of non-compliance with our requests for information, or if it is determined that the information provided by you is deceptive or false. You hereby acknowledge and agree that you shall not be entitled to any claim in respect of any losses incurred as a result of SmashPay's inability to provide you with the SmashPay Services, or the restriction or termination of your access thereto.

7. In order to ensure compliance with local regulations, the SmashPay Services, as well as their governing terms and conditions, may vary depending on the jurisdiction you have designated as such of your residence. Should you provide incorrect or incomplete information regarding your residence or other relevant circumstances, whether intentionally or unintentionally, and if such misrepresentation results in the application of incorrect terms and conditions to your use of the SmashPay Services, the appropriate terms and conditions that would have otherwise applied had the correct information been timely provided will apply retroactively from the date on which the incorrect information was provided. Any transactions executed, Interest, benefits, and accruals received, or SmashPay Services used under the incorrect terms and conditions will be reviewed and reversed or adjusted in accordance with the correctly applicable terms and conditions unless otherwise provided by any Applicable Law. Failure to comply with any SmashPay's instructions with regard to the above reversals or adjustments may lead to suspension or termination of your SmashPay Account, legal actions, or other remedies under any Applicable Law.

8. You hereby undertake to obtain all necessary hardware, as well as to install all necessary software, including security and antivirus, for your use of the SmashPay Services in accordance with these Terms. You are solely responsible for keeping your device safe and maintaining adequate security and control of your username and password, including but not limited to keeping such username and password only to your knowledge and not disclosing them to any third party, and shall be solely responsible for any access to and use of the SmashPay Services through your device, regardless of whether such access may have been made without your knowledge, authority, or consent. We will not be liable to you for any loss or damage resulting from such use. In case your device has been lost or stolen or has been accessed or used in an unauthorized manner, you shall notify SmashPay of this and if the device has been accessed or used in an unauthorized manner, you shall, as soon as possible, reset the password.

V. Topping-up Service

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

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

3. A transfer to your Digital Asset Wallet is confirmed once the balance of your Digital Asset Wallet has been updated with the corresponding amount.

4. We reserve the right to reject any transfer to the Client's Digital Asset Wallet, in which case we proceed in accordance with their instructions. In case of a Digital Asset transfer to the Client, we will return the same amount of the relevant Digital Asset, less any applicable network fees.

5. You may purchase Digital Assets: (i) by transferring their purchase price to a dedicated SmashPay's bank account via bank transfer (applicable only to EURx/GBPx/USDx), (ii) by using a credit or debit card and instructing SmashPay to proceed with the relevant purchase transaction and/or initiate an Exchange Transaction under Exhibit I, as the case may be, depending on the type of Digital Assets subject to topping-up, or (iii) by using a third-party service provider and authorizing SmashPay to share the necessary information therewith and subject to you completing any additional steps, leading to one or more purchase transactions that result in a topup into your SmashPay Account (applicable only to certain Digital Assets as indicated on the SmashPay Platform).

6. You may opt to set up recurring Digital Assets purchases under Art. V.5.(ii) by selecting the amount of the purchase price and the type of Digital Asset within the limitations indicated in the SmashPay Account and on the SmashPay Platform. If you opt for recurring purchase transactions, they will occur in identical periodic installments, based on your selection, until you change or cancel it, or in the cases indicated in your SmashPay Account and on the SmashPay Platform. You understand and agree that the proceeds from the recurring purchase transactions will depend on the market price of the selected Digital Asset at the time of the execution.

7. You cannot reverse any transaction once you have provided the relevant instructions and/or payments to SmashPay, and you cannot change, withdraw or cancel the authorisation to SmashPay to complete any pending or partially completed transactions. SmashPay is not liable for any partially completed transactions or delays in processing your instructions. You are responsible for all transactions initiated by you and your decisions in this regard. We do not guarantee the availability of any exchange rate. SmashPay shall not be responsible for any losses incurred by you as a result of unauthorised, incorrect or failed transactions. We reserve the right to refuse to process, cancel, terminate, or reverse any transaction at our sole and absolute discretion, even after the relevant Digital Assets have been debited from your SmashPay Account.

VI. Custody Service

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

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

3. For certain Digital Assets, the underlying protocols offer the ability to vote on matters related to the governance of protocol-level issues. SmashPay may or may not support voting for such Digital Assets, and may cease supporting voting at any time at its sole and absolute discretion. SmashPay will comply with your instruction to vote with your Digital Assets to the extent SmashPay supports voting for such Digital Assets. In certain cases, SmashPay may vote on your behalf, where SmashPay or the applicable protocol does not support delegated voting.

VII. Transfer Service

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

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

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

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

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

6. You may initiate a Digital Asset transfer to another SmashPay Account, subject to the restrictions and limitations of this Section VII, by submitting the mobile phone number or e-mail address of the intended recipient. Based on the provided information, if the supplied credentials are attributable to an existing SmashPay Account, SmashPay shall allocate the Digital Assets to the corresponding Digital Asset Wallet of the intended recipient. In the event that the credentials supplied are not attributable to an existing SmashPay Account, the prospective recipient shall create a SmashPay Account within the prescribed timeframe, as indicated on the SmashPay Platform, in order to receive the Digital Assets. Failure to adhere to this requirement, or any limitations indicated on the SmashPay Platform, shall result in the cancellation of the transfer and the consequent reversion of the Digital Assets to your Savings Wallet. All such Digital Asset transfers shall be pending until the transfer is completed or cancelled either by you or as indicated above.

VIII. Withdrawal Service

1. Subject to the specific requirements laid down in Exhibit I and/or Exhibit II, if any, you may request for:

(i) withdrawal of all or part of the Digital Assets, subject to the prohibitions and limitations indicated on the SmashPay Platform and in the SmashPay Account, to your personal wallet or to your SmashPay Pro Account, applicable only in case you have opened a SmashPay Pro Account in accordance with the SmashPay Pro Terms of Service,

(ii) withdrawal of the fiat equivalent of certain Digital Assets, by instructing SmashPay to sell the relevant Digital Assets and transfer the fiat proceeds of the sale transaction to a bank account, or to a debit or credit card, designated by you, subject to the prohibitions and limitations indicated on the SmashPay Platform and in the SmashPay Account,

(iii) withdrawal of the fiat equivalent of certain Digital Assets, as indicated in the SmashPay Account and on the SmashPay Platform, via the SmashPay Card, facilitated by one or more Exchange Transactions and subject to the requirements and restrictions in Exhibit IV.

2. Any withdrawals may be subject to limits on the amount of Digital Assets or their fiat equivalent, which can be withdrawn in a given period (e.g. daily, weekly, monthly, or annually), as specified in your SmashPay Account. Your withdrawal limits may vary depending on the type of Digital Assets or their fiat equivalent, verification steps completed by you, security, and other factors. If you wish to increase your withdrawal limits, you may submit a request to support@smashpay.io. SmashPay reserves the right, at any time, to change your withdrawal limits, including temporarily or permanently reducing them to zero, partially or fully satisfy or refuse to satisfy any request of yours for their increase, or charge a withdrawal Fee on any withdrawal, without notice, as we deem necessary and at our sole and absolute discretion.

IX. Risk Disclosure

1. General Risks Associated with Digital Assets

1.1. Price Volatility Risk. The value of digital assets can increase or decrease over time, causing significant fluctuations. However, due mainly to the novelty and uncertainty associated with digital assets, the latter tend to exhibit higher volatility compared to most fiat currencies and other assets. This price unpredictability could lead to substantial losses over a short period of time. Digital assets’ inherent volatility is a result of a combination of any number of factors and risks, the most prominent of which are described hereinbelow.

1.1.1. Internet Dependency Risk. Digital asset networks are dependent upon the Internet. A disruption of the Internet or a digital asset network would affect the ability to transfer digital assets, consequently, would impact their value.

1.1.2. Concentrated Ownership Risk. Digital assets may have concentrated ownership, and exceptionally large sales or distributions by their holders, commonly referred to in the industry as "crypto whales", could have an adverse effect on the market price of such digital assets. Moreover, it is possible that other persons or entities control multiple wallets that collectively hold a significant amount of particular digital assets, even if they individually only hold a relatively small amount, and it is possible that some of these wallets are controlled by the same person or entity, resulting in a concentration of ownership.

1.1.3. Hard Forks and Airdrops Risk. The occurrence of a hard fork has the potential to change the source code of a given digital asset network, including the code logic limiting the digital asset supply cap. Additionally, the distribution of an airdrop has the potential to increase the supply cap of a given digital asset. An increase or a lift of a digital asset's supply cap will cause increased supply, which consequently may have an adverse impact on the market price of the digital asset. SmashPay will decide, at its sole and absolute discretion, whether to support forked networks and digital assets and whether to participate in the distribution of airdropped digital assets.

1.1.4. Limited Network Adoption Risk. The market value of a digital asset can be significantly influenced by how widely it is accepted and used. If a digital asset becomes popular as a medium of exchange or for investment purposes, its demand may rise, which can lead to an increase in its market price. Conversely, if there is a competing digital asset to the one previously mentioned, it might experience a decrease and lesser adoption as a result. In addition, digital assets backed by a robust, well-maintained and continuously improved network are more likely to be trusted and adopted by users, which may positively impact its market price, and contrarily, any news for hacks and exploits may severely decrease the price and adoption.

1.1.5. Confidence Risk. Interruptions, closures and insolvency of major digital asset exchanges, as well as insolvency of stablecoin issuers, may cause loss of confidence of investors in the particular digital asset network and a wave of supply of the particular digital asset which greatly exceeds the demand, consequently causing a decrease in the digital asset's market price. Additionally, loss of confidence in a given network may result from transaction limitations and delays.

1.1.6. Network Upgrades Risk. Many digital asset networks face significant scaling challenges and may periodically be upgraded with various features designed to increase the speed and throughput of digital asset transactions. These attempts to increase the volume of transactions may not be effective, and such upgrades may fail, resulting in potentially irreparable damage to the particular network and to the value of the supporting digital asset.

1.1.7. PoW Networks Risk. PoW digital assets that require a substantial upfront investment in mining gear and incur high energy costs, a decrease in the mining awards or the value of the digital asset used for gas fees may cause some miners to reject the processing of low-fee transactions, causing network delays, which can lead to loss of confidence in the network.

1.2. Appropriateness Risk. We are not responsible for the digital asset markets, and we make no representations or warranties concerning the real or perceived value of any digital assets and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by SmashPay. You shall, therefore, carefully consider whether holding digital assets is suitable for you in light of your financial condition. Note that you should not have funds invested in digital assets or speculate in digital assets that you are not prepared to lose entirely, as there can be a substantial risk that you lose money buying, selling, holding, or investing in digital assets.

1.3. Intrinsic Value Risk. Digital assets are not money or legal tender, are not issued, backed, or guaranteed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, intrinsic or other source of value. The capital deployed for the acquisition of digital assets carries an inherent risk of a full or partial loss, for which SmashPay will not bear responsibility.

1.4. Regulatory Risk. The regulatory status of digital assets is currently unsettled, varies between jurisdictions, and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to digital assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of digital assets, as well as the provision of the SmashPay Services.

1.5. Blockchain Technology Risk. On-chain digital asset transactions are deemed to be completed when recorded on a public ledger, which is not always the date or time that you initiated the transaction. The completed status of digital asset transactions and, therefore, the ownership of transferred digital assets is often validated by a recorded entry in a decentralised public ledger. Recorded entries in a decentralised public ledger cannot be cancelled or reversed. Furthermore, note that on-chain digital asset transfers are prone to human errors. Due to the nature of most protocols offered throughout our SmashPay Services, such erroneous transactions cannot be reversed. It is your sole responsibility to ensure any transactions are error-free.

1.6. Immutability Risk. The nature of digital assets and the specific features of their respective network protocols may lead to an increased risk of fraud, exploits, or cyberattacks and any losses resulting from transactions affected by such events will likely not be recoverable.

2. Risks Associated with Individual Digital Assets

In addition to the general risks associated with digital assets as specified hereinabove, each specific Digital Asset available on or through the SmashPay Platform may present distinctive risks.

2.1. Stablecoins Risks. Stablecoins are a digital asset class, which is designed to have a stable value over time by maintaining a constant and generally 1:1 exchange rate with traditional fiat currencies. The constant proportion is called "peg". This peg may be achieved by means of a counterparty committing to exchange the stablecoin for a fiat currency or by an algorithm functioning on the blockchain. There is no guarantee that stablecoins maintain this peg, which in turn could lead to a full or partial loss of funds by holders of stablecoins. SmashPay has no influence over stablecoins issued, operated and maintained by third parties. As is the case with the loss of value of other digital assets, there is generally very little or no recourse in case of loss of a peg in relation to a stablecoin and at no point is SmashPay to be held liable over temporary and permanent losses resulting from deviations from the peg of any stablecoin.

2.2. DeFi Tokens and Other DeFi Risks. Decentralised Finance ("DeFi") tokens (e.g. UNI, AAVE) are digital assets pegged to financial applications and protocols which are built on decentralised blockchain technology. DeFi relies heavily on smart contracts. The teams involved in the development of DeFi smart contracts do not owe fiduciary duties to users of these smart contracts and as such, are not held legally liable for inadequacies of the smart contract. Even a minor coding error or oversight can lead to a contract being exploited, potentially resulting in significant losses. Some DeFi projects might be launched by anonymous or pseudonymous teams, increasing the risk of "rug pulls" or exit scams.

2.3. Lack of Investor Compensation Scheme Coverage Risk. The SmashPay Token is not covered by any investor compensation schemes, such as the Financial Services Compensation Scheme or compensation schemes provided under Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes. As such, losses incurred in connection with the SmashPay Token are not recoverable under these or similar schemes.

2.4. Lack of Deposit Guarantee Scheme Coverage Risk. The SmashPay Token is not covered by any deposit guarantee schemes, such as the guarantees under Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes. In the event of loss or failure, holders of the SmashPay Token are not entitled to reimbursement under these or similar schemes.

SmashPay Token Specific Risks:

2.3.1. Offer-related Risk. SmashPay may, at any time, for whatever reason, at its sole and absolute discretion, discontinue the support of the SmashPay Token and the project associated with it. Acquisition of the SmashPay Token and the prospect of its potential admission to trading on any platform involves significant risks.

2.3.2. Regulatory Risk. The regulatory status of digital assets, including the SmashPay Token, is subject to significant uncertainty and changes in laws or regulations, which may materially and adversely affect the use, transferability, exchangeability, and value of the SmashPay Token.

2.3.3. Technology-related Risk. The SmashPay Token is reliant on complex technology, including blockchain and smart contracts, which are subject to a variety of technology-related risks, including but not limited to the failure of hardware, software, internet connections, hacking, security vulnerabilities, as well as the inherent risks of developing on emerging and rapidly evolving technological platforms.

2.3.4. Project Implementation-related Risk. The project associated with the SmashPay Token may face significant risks over time, including but not limited to unforeseen technical difficulties, resource constraints, software bugs, security vulnerabilities, and potential delays in production timelines.

2.3.5. Issuer-related Risk. The value and functionality of the SmashPay Token are highly dependent on the good standing and operations of SmashPay. The SmashPay Token's viability is tied to SmashPay's ability to maintain its business, uphold a positive reputation, and successfully develop and support the project associated with the SmashPay Token.

2.3.6. No Fiduciary Relationship. The issuer and/or distributors of the SmashPay Token are not your fiduciaries or advisors. You are solely responsible for determining whether the purchase of SmashPay Tokens is appropriate for you. Access to the SmashPay Services is not conditional on such purchase.

2.3.7. By purchasing, holding, exchanging, trading, or otherwise using the SmashPay Token, you acknowledge and agree that you have received sufficient information to make an informed decision and that you accept all the risks outlined herein, as well as all the risks inherent to purchasing, holding, exchanging, trading, or otherwise using digital assets in general.

3. Risks Associated with the SmashPay Platform and the SmashPay Services

3.1. General Risks. The risks associated with using the SmashPay Platform and the SmashPay Services are not exclusive to them but are inherent to the use of any online platform, particularly those involving financial transactions and digital assets.

3.1.1. Security Risk. The SmashPay Platform has implemented security measures, such as two-factor authentication and cold storage, among others, with an aim to protect Clients' Digital Assets. However, it is important to understand that these security protocols do not offer absolute protection against all potential losses that could occur due to a security breach, software anomalies, or unforeseen catastrophic events impacting the SmashPay Platform.

3.1.2. Custody Risk. For security and efficiency purposes, SmashPay may store Digital Assets in a mixture of hot and cold storage provided by third parties, over which SmashPay does not exercise control. While Digital Assets stored with SmashPay's partners may be secured by theft and cyberattack insurance, in case of default of such a third party, this may lead to a full loss of your Digital Assets. SmashPay is not a banking institution, and the SmashPay Accounts are not subject to any governmental insurance protection, nor are they covered by any compensation scheme.

3.1.3. Digital Asset Management Risks.

3.1.3.1. By topping up Digital Assets into your SmashPay Account and/or using the SmashPay Services, you grant SmashPay all rights, including but not limited to convert, exchange, swap, pledge, re-pledge, hypothecate, re-hypothecate, sell, lend, stake, or otherwise transfer, dispose of, invest, or use any amount of any Digital Assets in your SmashPay Account.

3.1.3.2. SmashPay may utilise diverse strategies, elected and compiled at SmashPay's sole and absolute discretion, including but not limited to the utilisation of funds for institutional lending and liquidity provision and interacting with third parties, such as DeFi blockchain applications and protocols ("DeFi Protocols"). SmashPay does not assume any responsibility or liability to you for any losses that you may have incurred as a result of such diverse strategies.

3.1.3.3. While SmashPay adopts a best-effort approach to risk management, all arrangements made by SmashPay as part of such strategies involve counterparty, among others, risks, which might impact SmashPay.

3.1.3.4. You understand, consent to, and agree that all risks associated with SmashPay's strategies may directly affect the integrity of your Digital Assets. This includes, but is not limited to, the restriction on your ability to withdraw your Digital Assets at your convenience and/or your ability to receive the same Digital Asset or the desired fiat equivalent of the latter.

3.1.4. Data Visualisation Risk. Although we may provide historical, statistical, and/or real-time data regarding the price of Digital Assets, such data is for reference purposes only. We make no representations or warranties regarding the quality, suitability, veracity, usefulness, accuracy, or completeness of the data, and you should not rely on such data for any reason whatsoever.

3.2. SmashPay Earn Interest Product Risks. SmashPay utilises its best efforts in order to ensure that the SmashPay Earn Interest Product’s advertised Interest rates are stable. However, such rates may be subject to change from time to time. The SmashPay Earn Interest Product is not a registered security and is not offered as such.

3.3. SmashPay Staking Product Risks. The SmashPay Staking Product is dependent on the functioning of underlying DeFi Protocols. These DeFi Protocols are maintained and regulated by third parties and thus out of SmashPay’s control. This means that SmashPay cannot retrieve, recover, or salvage any lost Eligible Digital Assets if the DeFi Protocols that hold them malfunction or cease to exist entirely.

4. Tax and Legal Considerations

4. The current tax treatment of the SmashPay Services and the holding of the Digital Assets in this regard has not been conclusively clarified and may also depend on your individual tax treatment as a holder of said Digital Assets. It cannot be ruled out that the tax authorities and courts may adjust or change previous tax assessments on the treatment of income related to the SmashPay Services.

5. You are responsible for determining whether the use of any of the SmashPay Services is legal in your jurisdiction, and you shall not use these SmashPay Services should such use be illegal therein. If you are uncertain, please seek independent legal advice.

6. The materials contained on the SmashPay Platform are for general information purposes only and not intended as financial or investment advice, offer, solicitation, recommendation, or endorsement to use any of the SmashPay Services. By visiting the SmashPay Platform, you understand and agree that you use the SmashPay Account, the SmashPay Platform, and the SmashPay Services on a non-solicited basis, entirely voluntary and at your sole and absolute discretion and risk. Providing you with the SmashPay Services does not make SmashPay your trustee or investment adviser, and no fiduciary relationship exists between us.

7. This Section IX is not exhaustive and does not disclose all the risks associated with the digital assets and the use of the SmashPay Account, the SmashPay Platform, and the SmashPay Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.

X. Forks

1. It is important that you understand that the underlying protocols of the Digital Assets' networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of a Digital Asset's network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function of the initial Digital Asset, and we can temporarily suspend our services in relation to the "forked" Digital Asset, while we determine, at our sole and absolute discretion, which network to support.

2. Such networks and Digital Assets are outside of our control, and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the forked Digital Asset. We may, at our sole and absolute discretion, obtain and retain the unsupported Digital Assets.

XI. Obligations and Warranties

1. You hereby declare, warrant, and confirm that:

1.1. You meet the conditions under Section IV;

1.2. You validly undertake any action or enter into any transaction with regard to the Agreement;

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

1.4. You have submitted to SmashPay only complete, correct, and up-to-date information and documents;

1.5. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. SmashPay shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues.

XII. Refusal/Suspension

This section will be added shortly.

XIII. Personal Data

This section will be added shortly.

XIV. Limitation of Liability

This section will be added shortly.

XVI. Termination. Closure of Account.

This section will be added shortly.

XVII. Notices. Electronic Communications.

This section will be added shortly.

XVIII. Governing Law and Jurisdiction

This section will be added shortly.

XIX. Intellectual Property

This section will be added shortly.