TERMS OF SERVICE

TERMS OF SERVICE

We advise you to read the following terms of service (hereinafter: «terms») before creating an account and/or using «Onyx Trade», hereinafter: «Onyx Trade» services. By entering onto the website, Creating an account and using our services you acknowledge and Agree to these terms of service. In case you do not agree to these Terms of service, do not access this website and do not use our Services.

SPECIAL NOTE:

Services of Onyx Trade are intended and are to be used solely by the customers / users, natural or legal persons, who are residents, are incorporated or have its real seat in the country where trading virtual assets is legal and not prohibited or restricted, and countries where no special license is required. Only such users are allowed to make user accounts and buy, sell, hold, withdraw, transfer, or otherwise trade at Onyx Trade exchange at this time. Introduction and acceptance of the terms. Fiat-to-virtual currency and virtual currency-to-virtual currency transactions are excluded for users, natural or legal persons, who are residents, are incorporated or have its real seat in the United States.

This legal document sets out the Terms of Onyx Trade services including but not limited to the use of our websites, located at https://onyxtd.kz, mobile applications, registering for Onyx Trade account and the exchange services provided by us as described in these Terms (hereinafter: Services), offered by Onyx Trade and as specified in Section “Description of Services” below. This legal document is a valid and legally binding agreement between you and Onyx Trade. In addition to these Terms of Service, Personal data processing policy and Cookies Policy. The terms of Service and Personal data processing policy constitute the necessary and binding documents every user must read, accept and follow.

The above-identified documents together define the conditions that every user must agree to when using Onyx Trade services meaning that the use of the Services is conditional upon

acceptance of all the three legal documents. Depending on your country of residence, statutory seat or place of incorporation, you may be restricted or prohibited to use some or all the functions of this website. It is your responsibility to follow those rules and the laws of your country of residence and/or country from which you access this website and Services that Onyx Trade offers.

By opening an account, you expressly agree to these Terms of Service, Personal data processing policy and Cookies policy, and you represent and guarantee that you are at least 18 years old and have the full legal capacity and an appropriate business capacity to accept these Terms, Privacy Policy and Cookies Policy and enter into a transaction that involves buying, selling, withdrawing, depositing virtual currencies, specified in Section “Description of services”. These Terms apply solely for the Services specified in these Terms and do not govern any other legal relations between user and Onyx Trade.

DEFINITIONS

The term “we”, “exchange”, “virtual trading platform”, “us”, “our” refers to Onyx Trade LTD. Depending upon the context, “Onyx Trade” may also refer to the services, products, website, content or other materials provided by Onyx Trade. The term “you”, “user”, “client”, “website visitor” refers to users of our services or website visitors. The term Buyer refers to anyone buying virtual currency at Onyx Trade. Seller refers to anyone who sells his virtual currency using Onyx Trade platform. Users of the Onyx Trade platform are normally both buyers and sellers. Onyx Trade Ltd. is a private company established under the acting law of the Astana International Financial Centre (AIFC) under the business identification number (BIN) 231140900337, with the registered address: 55/22 Mangilik El Avenue, block C 4.4., floor No.1, office No.133, Astana city, Republic of Kazakhstan, postcode Z05T3F5 and licensed by an independent regulator - Astana Financial Services Authority (AFSA) to provide the next services:

Operating Digital Assets Trading Facility (DATF) license No. AFSA-G-LA-2024-000[] dated [DD.MM.YYYY]
Providing Custody license No. AFSA-G-LA-2024-000[] dated [DD.MM.YYYY]

Onyx Trade Ltd. private company is authorised by the financial regulator of the AIFC, Astana Financial Services Authority (“AFSA”), to conduct the activities of 1)Operating Digital Assets Trading Facility and 2) Providing Custody in a testing environment of FinTech Lab* (AIFC regulatory sandbox) under the License #[insert license number] with expiry date of [insert expiry date of license]. Status of the licence and its validity may be verified at the AFSA website (www.afsa.kz).

* FinTech Lab is a regulatory sandbox that allows firms to provide financial services in a test environment with individual regulatory requirements set up by the AFSA and subject to satisfaction of specific Licence conditions, including limits on size of transactions and number of clients. FinTech Lab was established in the AIFC by the AFSA to facilitate development of innovation in the financial industry. It is anticipated that after completion of testing in FinTech Lab this firm would continue providing services under applicable AIFC regulations, however it is also possible that this firm may not continue providing services in or from AIFC.

Given that the firm offers services to clients in a test regulatory environment and that risk is an integral part of innovation, there is a chance of losing investments and incurring other losses associated with using the service.

RISKS OF TRADING VIRTUAL ASSETS

Any kind of trading of virtual assets and virtual currencies involves significant risk. The value of virtual assets / currencies has high volatility (value can increase and decrease significantly in a very short period of time and at any given moment). Such price fluctuations bring uncertainty. The value of a virtual currency and collapse in demand may be influenced by many factors, including irrational (or rational) bubbles, loss of confidence in the virtual currency, changes in software development, government decisions, creation of a competitive currency, technical

problems, political or non-political statements, statements of influencers and news and hacker-attacks. Your virtual assets may be lost by losing your password or other security codes.

There are also other potential risks that may not be foreseen in these Terms. Virtual currencies have special risks that are not generally shared with the official currencies, because they are not issued by governments, or with commodities or goods that are tangible or registered in the official registry. Virtual currencies are intangible, decentralized, digital assets, backed by technology and trust. No central bank or other institution can take any measures to protect the value of virtual currency. Virtual currencies (hereinafter also crypto currencies) are an autonomous and largely unregulated system of firms and individuals issuing currencies. The risk of loss in trading, buying, selling or holding virtual assets / currencies can be substantial. You should therefore carefully consider whether trading in virtual assets / currency or any levered or derivative virtual assets is suitable for you in light of your financial condition. Be careful to keep your private keys, passwords, security codes and words for yourself and change them on a regular basis.

Onyx Trade uses payment providers for transfers of fiat money for rendering exchange services and operating with the fiat money, whereas assisting banks do not, by any means, represent a medium of exchange, transfer, withdrawal, deposit or other transaction in connection to virtual currencies.

Onyx Trade shall not ask you for any password or private key, nor shall we ask users to transmit any funds, Bitcoins or other virtual currency to our bank account, Bitcoin address, Ethereum address or other addresses, which are not listed on the trading platform. Please do not trust any discount or promotion related information. Onyx Trade shall not be responsible for any losses caused by transmitting funds from/to bank accounts, or virtual funds to any addresses that are not listed or given to you on the trading platform. Take care of always accessing Onyx Trade website through link https://onyxtd.kz/ and Onyx Trade exchange through the link:

https://onyxtd.kz/login. In case of uncertainty or suspicious link is given on forums or received by a suspicious account, user or website, please contact our support immediately and do not transfer any fiat or virtual money to such suspicious links or accounts. In case of uncertainty, always type the website https://onyxtd.kz.

For the avoidance of doubt, we do not provide and will never provide any investment advice in connection with the Services described in these Terms of Use either by ourselves or through third parties. Please consider any cooperation with companies that (allegedly) offer financial services as the most risky business and make sure you inspect the alleged financial service provider most carefully. Any decision to purchase or sell virtual assets is solely your decision and we shall not be liable for any loss suffered. Please note that after you transfer the virtual assets to a certain virtual assets wallet account such transfer cannot be revoked and we do not accept any responsibility for your actions.

RISK ACKNOWLEDGEMENT

By using the website of Onyx Trade Ltd. private company and by entering into this Terms of service Client fully understand and was made aware of the inherent and potential risks associated with an investment in any products or services provided by Onyx Trade Ltd. including, but not limited to the risk of a complete loss of Onyx Trade Ltd. private company’s client’s funds and investment, or delays in payment or the realization of gains, associated with the provision of digital assets trading facility and custody services in the fields of digital assets by the Onyx Trade Ltd. operating in a testing regulatory regime (“FinTech Lab”).

I acknowledge the potential risks involved foreseen or otherwise, AND HEREBY UNEQUIVOCALLY AND IRREVOCABLY RELEASE, DISCHARGE, WAIVE AND COVENANT NOT TO SUE AND AGREE TO HOLD HARMLESS ASTANA FINANCIAL SERVICES AUTHORITY AND ITS OFFICERS, and the

respective successors and assigns of all of the foregoing from any and all claims, liabilities, legal action for damages, losses, costs directly or indirectly arising out of or otherwise relating in any respect whatsoever to activities, services or products provided by Onyx Trade Ltd. private company.

The Client may sue the Onyx Trade Ltd. private company for all claims, liabilities, legal action for damages, losses, or costs arising out of or otherwise relating in any respect whatsoever to activities, services or products provided by the Onyx Trade Ltd.

DESCRIPTION OF SERVICES AND TRADING LIMITATIONS

The exchange services, operated by Onyx Trade, allow users to buy, sell and store virtual currencies such as but not limited to Bitcoin, Ethereum, Bitcoin Cash, XRP and other tokens and coins that are carefully selected by Onyx Trade. Our exchange does not offer any coins or tokens that are or might be considered as securities. Onyx Trade services also allow all registered users to:

Buy/exchange virtual currency for virtual currency;
Buy/exchange virtual currency for fiat money;
Transfer virtual currencies to other Onyx Trade wallet addresses or other third party wallet addresses; PLEASE NOTE: In the process of listing new currencies, Onyx Trade is following its internal procedures and safety requirements. Therefore, some of the currencies may at the beginning only have a buy and sell option, without an option to transfer the currency to another Onyx Trade wallet or other third party wallet addresses. Users will be notified about this before placing a buy/sell order and will have to agree with it beforehand.
Storing virtual currencies in the Onyx Trade virtual currency wallet.

Virtual currency-to-virtual currency exchange

For Virtual Currency-to-Virtual Currency transactions we do not charge fees. The Virtual-to-Virtual Currency exchange service is enabled for the exchange of any virtual currency available on Onyx Trade platform in pairs with one of the following virtual currencies ETH, BTC and USDT (virtual currency pair trading). The exchange value will be seen when placing an order, however the user hereby explicitly agrees the final exchange value will be seen after the order shall be processed due to the time difference in transfer execution during which the value of virtual currency may change.

Fiat-to-virtual currency exchange

All prices on the Onyx Trade platform are shown in KZT and USD.

Onyx Trade reserves the right to add other conversion fiat currencies for purchasing virtual currencies in the future. Onyx Trade also reserves the right to remove any of the exchanging pairs in the future.

Deposit and withdrawal limitations

You may request a withdrawal of your virtual assets of fiat equivalent of such assets, subject to the limitations as stated in the Terms.

The amount of funds for payments and withdrawals of fiat money are limited per day and per month. For the purpose of purchasing virtual currency a user may be subject to a maximum daily deposit and maximum monthly deposit limitation based on internal AML and CFT rules, whereas a user can see its daily and monthly limitation in Onyx Trade platform application. In case a user exceeds the set limits, additional inquiry with regard to AML and CTF prevention measures shall be taken (source of funds inquiry etc.) in order to proceed with the transfer or the funds are processed next business day or month. In case additional internal due diligence checks are not successfully implemented by the user the excess funds will be automatically returned to the user’s bank account from which the user has made SEPA payment. When using

a credit card user is limited to the maximum deposit, higher deposits will not be available (they will be technically prevented). The limitation applies to natural persons. This is a precautionary measure for AML/CTF purposes. The amount of deposited, traded, transferred or withheld virtual currency per day and month is not limited.

CREATING AND CLOSING AN ACCOUNT

Creating Onyx Trade account

Registering with Onyx Trade is a procedure, which every user must complete in order to use Onyx Trade Services. Registration (also known as “Know your customer” or “KYC”) is a mandatory step for every user due to the Anti-money laundering rules that Onyx Trade must follow. You can find more about the KYC in the Personal data processing policy. Onyx Trade will process your account data you provide when you open an Onyx Trade account, perform transactions on the Onyx Trade platform or use other Onyx Trade Services. This information may include:

Contact information, such as name, home address, email address (which will have to be confirmed), date and place of birth, mobile phone number (which will have to be confirmed by sending you an entry code).

Account information, such as username and password.

Financial information, such as bank account numbers, bank statements, and trading information.

Identity verification information, such as the image of your government issued ID, passport, national ID card.

Residence verification information, such as utility bill details, phone bill or similar document. Selfie photo with your government issued ID, passport.

The source of the account data is a user who opens an account. The account opening data will be used and processed for the purposes of performing a detailed Know Your Customer (Hereinafter: KYC) procedure according to necessary Anti-Money Laundering and Anti-Terrorist Regulations. KYC process verification is a mandatory step for every new user before his/her first purchase. Onyx Trade will guide you through the process step by step.

Onyx Trade will make a thorough due diligence of each user (natural or legal person) according to our internal risk management policy. LOGIN When login to our platform, the user must first enter your email and password. After that user will receive a 2FA code, that user will need to enter in order to sign in and register (for security reasons, you will receive a new code on your 2FA mobile app each time you sign-in to Onyx Trade). After entering the code, you will see the control panel of the user account. Every registered user has his/her own wallets on Onyx Trade platform. The wallet consists of only one feature: actual wallet for the virtual currency/tokens to be stored.

NOTE that Onyx Trade does not offer users a fiat money account. The wallet does not serve as a fiat deposit account and a user can not make any transaction of fiat money other than to buy virtual currency on Onyx Trade platform using third party payment providers. However, the wallet does indeed serve as a deposit/withdrawal and storage account for virtual assets.

We can engage third parties to obtain all necessary documents and data from your side during the client onboarding procedures.

The list of suppliers prescribed below:

“Sum and substance Ltd.” private company established under the acting law of the United Kingdom under the company No.09688671. Support in collecting and processing of personal data related to customer
Zendesk UK Limited is a private company established under the acting law of the United Kingdom under the company No. 07622459. Customer Support system. Collecting and processing of customer’s enquiries and other customer related information.
“NLS Astana” LLP established under the acting law of the Republic of Kazakhstan under the BIN 180440000534 Company provides data hosting and data processing centre services.

Closing Onyx Trade account

You may close your account at any time. In case you wish to do so, you will need to move your virtual assets to another wallet first.

NOTE: in case of closing your Onyx Trade account, you do not delete your personal data, which we have obtained in the KYC process. More about the deletion of your personal data read in our Personal data processing policy. Even when closing your Onyx Trade account, you will still be obligated to fulfill your responsibilities on pending transactions. In addition, you are responsible to Onyx Trade for any fees incurred before the closure.

Onyx Trade may also terminate your account at any time and at our sole discretion, upon notice to you by e-mail or other communication channels.

Grounds to terminate business relationship with you are prescribed below:

Breach of Terms: If the client fails to comply with any terms and conditions of the terms, including failure to meet their financial obligations or providing false information.

Regulatory Compliance: If maintaining the terms would put the company in violation of any laws or regulations, or if the client is found to be in violation of applicable laws and regulations, especially those related to financial services, anti-money laundering (AML), counter-terrorist financing (CTF), or sanctions compliance.

Risk Management: If the client's activities are deemed to pose unacceptable risks to the company, including credit risk, market risk, operational risk, legal risk, reputational risk, or liquidity risk.

Market Integrity and Abuse: If the client engages in activities that are considered market abuse, including insider trading, market manipulation, or other activities that could harm the integrity of the market.

Account Inactivity: If the client's account remains inactive for a period more than 3 years. Failure to Maintain Minimum Balance: If the client fails to maintain a minimum account balance or meet other financial criteria as specified in the terms and or other policies.

Changes in Business Strategy or Services: If changes in the company's business strategy, services offered, or external environment necessitate the termination of certain client relationships.

Adverse Regulatory or Legal Changes: If changes in laws or regulations make it impractical or impossible to continue the relationship.

Bankruptcy or Insolvency: If the client becomes bankrupt, insolvent, or is otherwise unable to meet financial obligations.

Onyx Trade will not be liable to you for any losses incurred in connection with the closure or suspension of your account by Onyx Trade.

PURCHASES AND WITHDRAWALS

Purchasing with credit cards and other payment methods

The user can also buy virtual currencies by using a credit card using third party payment providers. All available payment methods can be seen in the Onyx Trade app. The user must enter the respective details of the credit card to be able to buy virtual currency – their details are: credit cardholder name, credit card number, expiration date, and CVC.

In case of using a credit card or other payment method, you do not have to connect your bank account with your Onyx Trade account.

NOTE that it is the sole responsibility of users to use the Credit card that is his / hers or third party’s credit card, which he /she is authorised to use. In case that user buys virtual currency with a stolen card or does not have authorization of a credit card holder to use it, this can result in freezing the user’s assets and user’s Onyx Trade account. All such actions shall be announced to law enforcement or other public authorities respectively.

Withdrawals of virtual currencies

Users can withdraw (transfer) their virtual assets to another wallet or account. All transfers are in sole responsibility of the user. Be careful to always enter the wallet address to which you wish to transfer your virtual assets to.

Onyx Trade is not responsible in any way for the transfer of your virtual assets outside your Onyx Trade account.

A user shall receive the purchased crypto assets into his/her wallet instantly (within a few minutes), taking into account swift changes in prices of the crypto asset, momentary crypto asset illiquidity of the crypto asset providers of Onyx Trade and other external circumstances that may affect the speed of crypto asset transfers. In case of not receiving your crypto assets within 24 hours, please contact our technical support: <support@onyxtd.kz

FEES FOR SERVICES AND EXCHANGE RATES

Onyx Trade operates on the basis of fees exclusively and shall not issue any invoices. Fees may be incurred for part of the Services provided by Onyx Trade to its users. You shall abide by relevant agreements while using such services. Onyx Trade may change the fee models and structures of such services as the case may be and at any given time. Onyx Trade may also start charging fees on free services, if there are any. Onyx Trade shall release an announcement or put up a notice on a respective page before the above-mentioned changes or modifications are made and come into force.

Onyx Trade may also charge administration fee upon returning funds back to the user's bank account in cases when the user's account has been disabled permanently due to the suspicious activity on user’s Onyx Trade account and user failed to additionally verify his identity and (where applicable) source of funds/wealth. For more information, check our Fee schedule.

Exchange Rates. Each purchase or sale of virtual currency is also subject to the Exchange rate for the given transaction. The Exchange Rate means the price of a given supported virtual currency in fiat currency (virtual currency-to-fiat transactions) and the price of a given supported virtual currency to other supported virtual currency (Virtual Currency-to-Virtual Currency transactions) as quoted on the Site or when placing the order. Exchange Rate is stated either as a “Buy Price” or as a “Sell Price”, which is the price at which you may buy or sell virtual currency, respectively.

You explicitly acknowledge that the Buy Price Exchange Rate may differ from the Sell Price Exchange Rate at any given time, and that we might add a margin or “spread” to the quoted Exchange Rate. You agree to accept the Exchange Rate (including added margin or “spread”) when you authorize a transaction. Fees for Services are not included in the Exchange Rate and are charged separately. We do not guarantee the availability of any Exchange Rate nor we guarantee that you will be able to buy or sell your virtual currency on the market at any particular price or time.

You shall stop using the service if you disagree on the above-mentioned changes, modifications, fee changes or paid content. If the transaction is made in virtual currency, fee shall be paid in correspondent virtual currency. Unless otherwise stated or agreed, the user agrees that the Onyx Trade network has the right to deduct the fees for its services directly from the assets of the user account. Fees shall be paid at the time of the completion of each transaction.

KNOW YOUR CUSTOMER (“KYC”) AND ANTI MONEY-LAUNDERING (“AML”)

Onyx Trade has established and follows strict rules for AML and KYC procedure, and obtained licences on the basis of the full compliance with the rules of the Act.

Onyx Trade has the right to know the real transaction background and purpose of the users who use our product or our service. Users should always provide the real, comprehensive, accurate information required by Onyx Trade and its procedure; if Onyx Trade has reasonable grounds to suspect that the user has provided false trading information or identity information, Onyx Trade is entitled to restrict the user from the use of the exchange for some or all products and services functions temporarily or permanently. Each user is allowed to create and use one account only. If a user will try to open multiple accounts, Onyx Trade shall have the discretion to not verify it and block it.

NOTE that Onyx Trade has a strict obligation to assess all the transactions from the anti-money laundering and counter-terrorist financing regulations and report the suspicious transactions to the regulator.

ELIGIBILITY FOR SERVICE, PROHIBITION OF THIRD COUNTRY USERS

Services are intended solely for users who are 18 or older and for legal persons. By accessing or using our Services, you warrant and guarantee that you are at least 18 years old and have the full legal capacity and appropriate business capacity to make transactions.

SERVICES OF Onyx Trade ARE INTENDED AND ARE TO BE USED SOLELY BY THE CUSTOMERS / USERS, NATURAL OR LEGAL PERSONS, WHO ARE RESIDENTS, ARE INCORPORATED OR HAVE ITS REAL SEAT IN THE COUNTRY WHERE TRADING VIRTUAL ASSETS IS LEGAL AND NOT PROHIBITED OR RESTRICTED. ONLY SUCH USERS / CUSTOMERS ARE ALLOWED TO MAKE USER ACCOUNT AND BUY, SELL, HOLD, WITHDRAW, DEPOSIT OR OTHERWISE TRADE AT Onyx Trade EXCHANGE AT THIS TIME.

You also represent and warrant that you are not a member of any such country with restrictions or prohibition. NOTE that in case if user withdraws fiat money from Onyx Trade account to his bank account, which is in tax free country, Onyx Trade shall analyze the content of the information received, considering the User’s current area of activity, payment practice and other known information, and report to FIU if the transaction is being considered suspicious. You also represent and warrant that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and etc.

RIGHTS AND LIMITATION TO USE Onyx Trade WEBSITE AND SERVICES

Onyx Trade grants you a limited, non-exclusive, non-transferable license, subject to these Terms, to access and use the Onyx Trade website and Services, solely for approved purposes as permitted by Onyx Trade. The Services are protected by the copyright and other intellectual property laws. All rights not expressly granted in these Terms are reserved. This website has the

right to inquire, freeze or deduct the items and accounts of the user according to the requirements of any applicable judicial organizations, administrative organizations and military organizations, including but not limited to public security organizations, procuratorial organizations, courts, customs, tax authorities and so on. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the intellectual property without the explicit written consent of Onyx Trade.

The name Onyx Trade, website onyxtd.kz, trademark logotype, images, texts, the content of the website, graphic design, databases, and corporate identity represent the intellectual property of Onyx Trade . All other brands, product names and company names or trademarks are the property of their respective owners. All the above belongs to Onyx Trade and is its sole property, including all the material rights on the texts, graphics, content, trademarks, databases, etc. created by third party contractors, employees, Onyx Trade consultants, and other Onyx Trade partners. By accepting these Terms you agree that all the above stated is protected by copyrights, trademarks or other respective intellectual property rights. All content provided on this website by Onyx Trade, including but not limited to information and materials provided in connection with your profiles, questions and answers, requests for information, users` comments, is your sole responsibility and Onyx Trade excludes its full responsibility. You agree and acknowledge that you are fully responsible for all the content you provide to us.

Onyx Trade does not guarantee the accuracy, integrity and quality of users` profiles, content, comments, etc. You agree that Onyx Trade is not responsible for any loss or damage that your reliance on the mentioned information may have on you. You acknowledge and confirm that you will not use this Website and Services for any purpose that is illegal, unlawful, unethical or inconsistent and/or contrary with these Terms and the purpose for which this website and services were created.

Onyx Trade reserves the right to investigate all violations of these Terms of Service, threats and unauthorized use of the website and will act accordingly and in a manner that is considered appropriate, including, among other things, reporting on the suspicion of illegal activities to the competent law enforcement authorities, the regulator or other authorized third parties. If necessary and bound by the law, Onyx Trade will disclose all the relevant information to the above-stated authorities, including personal names, emails, IP address, search history, etc. You also acknowledge that you will not perform any activities that would, at our discretion, constitute or represent a disproportionate and excessive burden on our website, exchange and related infrastructure, (that would not in any way interfere with or attempt to interfere with the proper functioning of the website and affect Services, or would try to circumvent our measures to restrict access to the Website and Services whatsoever.

USERS OBLIGATION

Users shall respect and follow these Terms and Personal data processing policy, as well as other rules for trading virtual assets. Users are obliged to act truly and transparently when completing the KYC procedure. They should act with the care of a good citizen. Users shall not, by any means, use Onyx Trade to endanger national security, security of people or disclose state secrets.

User shall not violate the national community and the legitimate rights and interests of other citizens, and shall not use this site to produce, copy and disseminate any information that would serve for the purpose of incitement to resist, undermining the implementation of constitution, laws and administrative regulations, undermining national unity, organizing or financing the attacks on the national sovereignty, institutions, governments and people. If the user violates any laws that apply to him regarding using our Services, or the above-stated requirements, Onyx Trade has the right to take all necessary measures directly, including but not limited to deleting the content posted by the user, canceling the customer’s account, rating, honor and virtual wealth, pausing or seizing the users account, illegal gains, and even through the form of action to prosecute the user legal responsibility. In such a case Onyx Trade shall inform legal authorities

about such user and reserves the right to announce such user publicly in order to ensure the safety of other users, other exchanges, people, institutions, governments and states. Users are obliged to immediately provide Onyx Trade with any changes in personal information being provided in the initial KYC procedure.

DISCLOSURES TO THE AUTHORITIES

Onyx Trade may share or disclose your Personal Information with law enforcement, data protection authorities, government officials, authorized financial institutions and other authorities when it is:

Required by law;

Compelled by a court order, or other legal procedure;

Reasonably believed by Onyx Trade that disclosure is necessary to prevent physical harm or financial loss;

necessary to report suspected illegal activity and disclosure is justified respectively; or necessary to investigate violations of our Terms of Service or Personal data processing policy.

Onyx Trade will disclose all the relevant information to the above stated authorities, including personal names, emails, IP address, search history, etc. Any circumstances identified in the user’s transactions that are unusual or suspicious or there are characteristics which point to Money Laundering, Terrorist Financing, or an attempt of the same, Onyx Trade shall disclose such behavior of users to the relevant authorities.

For more information, please contact us at: aml@onyxtd.kz

INTERRUPTION, TERMINATION, RESTRICTION, DISRUPTION AND CHANGE OF SERVICES

Onyx Trade will make its best endeavor to provide users with the Service in a timely manner and as soon as possible, however, there are no guarantees that access will be uninterrupted, or that there will not be any delays, failures, errors, omissions, or other impairments of the system or

the loss of the transmitted data. While Onyx Trade has made every effort to ensure continuity, speed and security of the Services, we are unable to completely foresee and hedge every legal, technological and other possible risk, including but not limited to force majeure, hacker attack, system instability, virus, flaw in third-party services, act of government and other unforeseen risk that may result in service interruption, data loss and other losses and risks.

Onyx Trade reserves the right to upgrade, improve or enhance security by taking the website out of the service – Onyx Trade shall do so as soon as reasonably possible and shall not be held liable for damage that results from the inability of users to make transactions. When upgrading the website in order to improve user experience or upgrade the website, the website might face downtime. A downtime may also happen if the high volume of users make transactions and or use the platform at the same time.

Onyx Trade shall not be responsible for the damage resulting from such downtimes. For high volume or abnormal transactions, market interruption and other conditions that are caused by system failure, network failure, distributed denial-of-service (DDoS) and other hacker attacks and other unexpected factors, Onyx Trade reserves the right to cancel the abnormal transaction results, and rollback all the transactions of a certain period of time. In accordance with operational and security needs, Onyx Trade may suspend or restrict part of the Services, or start providing additional services. By continuing using the Services, after any changes, additions, and deductions of the Services, you continue to agree to the Terms and any other Terms added subsequently. Users will be informed about the changes with an email. Onyx Trade has made every effort to ensure the accuracy of the information on the website. The content and information given on the website are subject to change without notice and are provided for the sole purpose of assisting users to make independent decisions.

Onyx Trade has taken all reasonable measures to ensure the accuracy of the information on the website, however Onyx Trade does not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any Services available through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your own inability to access our website, nor shall be responsible for any delay or failure of the transmission or the receipt of any instruction or notifications sent through our platform. It is the sole liability of users to prepare devices and bear costs for internet connection of their devices and internet accessibility and coverage of the internet provider and mobile carriers.

Onyx Trade may change the service content and/or may also interrupt, suspend or terminate the service and inform users) about such cases. Onyx Trade reserves the right to discontinue or terminate the services provided to you without notice, including in the following cases:

If the personal information you have provided is not true, inconsistent with the information at the time of registration or later and failed to provide reasonable proof (please remember, according to the laws or regulations you are obliged submit the true information);
If you violate the relevant laws and regulations or these Terms of Service;
When required by any law or regulation, as well as the requirements of the competent public and local authorities;
When security is or could potentially be compromised.
Other circumstances that invoke necessary measures for legal compliance and safety. You agree to safeguard the security of your account and the virtual assets within your account. Onyx Trade reserves the rights to freeze a part or all of your assets, or otherwise restrict you from accessing part or all of the Services, given that the circumstances show that your account is exposed to potential risks according to these Terms, laws, regulations, legal instruments, government requests and other circumstances, for which Onyx Trade estimates such risk. Onyx

Trade shall “unfreeze” the frozen account when the conditions to do so are met and there is no risk of any kind for Onyx Trade and the user.

Onyx Trade reserves the right to determine whether to unfreeze partially or wholly when users request to unfreeze. You shall fully understand the request to unfreeze account may not be necessarily accepted, and before unfreezing the account, you shall cooperate with us on identity verification or other relevant requirements and provide, including but not limited to, identity information, identity card, passport, other valid identity documents and other documents or information required by Onyx Trade.

In case of a fork, deposits and withdrawals may be halted and may remain unavailable until further notice. Onyx Trade will notify users over emails prior to halting the transactions. Users will be notified by email when the deposits and withdrawals of the cryptocurrency are again available.

LIMITATION OF LIABILITY, EXCLUSION OF ANY WARRANTIES AND GUARANTEES

There is no assurance that the Onyx Trade trading market for virtual assets will be orderly and stable. Every user him/her/itself should exercise prudence in trading virtual assets (as well as any other assets). Prices can and do fluctuate at any given moment. Due to such price fluctuations, the user may increase or lose value in virtual assets at any given moment. Any virtual asset or trading position may be subject to large volatility in value and may even become worthless or illiquid. Every user shall bear any losses resulting from the other user or users` transaction instruction errors (including but not limited to price, quantity and other factors). The user shall bear any loss resulting in his/her own fault or error, including but not limited to unprompted operation or transaction, not timely trading operations, forgetting or leakage of passwords, cracked passwords or private keys, and/or the invasion of the user’s computer by the third person. In the event of a potential loophole in the trading rules that unjustly enriches the user, we will contact the user to recover the gains. The user must effectively cooperate,

otherwise, we will take actions, including, but not limited to restrictions on account transactions, freezing account funds, legal enforcement of the user in a court and other recourse measures. In the event the user does not cooperate, the user will also bear recourse costs. The information, which Onyx Trade provides on its website may be inaccurate or have typographical errors and Onyx Trade shall not be liable for such errors.

Onyx Trade shall also not be liable for any direct, indirect, punitive, incidental, consequential, and other damages or loss of data, profits, goodwill or reputation, personal injury or any other damage resulting from (i) your access and use of this website or Onyx Trade Services, (ii) your inability to use the website or Services (iii) any information or content contained on our website, (iv) your information or material provided on our website. The exclusion of liability applies regardless of whether the damage was caused by a breach of contract, liability for damages, negligence, and strict liability or otherwise. Unless expressly provided in these Terms, Onyx Trade does not make any representations and excludes any warranties, expressed or implied, to the fullest extent possible under the applicable law regarding the relevance, reliability, availability, timeliness and accuracy of the Services and website information, the content of the website and links to third party websites on our website. Our Services, website, information and content on it, are provided without any warranty of Onyx Trade of any kind. Onyx Trade platform works as a network – a third party platform for “network service provider” and as such does not guarantee that the platform can fully meet the needs of users.

damages, negligence, and strict liability or otherwise. Unless expressly provided in these Terms, Onyx Trade does not make any representations and excludes any warranties, expressed or implied, to the fullest extent possible under the applicable law regarding the relevance, reliability, availability, timeliness and accuracy of the Services and website information, the content of the website and links to third party websites on our website. Our Services, website, information and content on it, are provided without any warranty of Onyx Trade of any kind. Onyx Trade platform works as a network – a third party platform for “network service provider” and as such does not guarantee that the platform can fully meet the needs of users.

INDEMNITY

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

COMPLAINTS

Customers and individuals who are aggrieved about the services or products offered by Onyx Trade Ltd. private company or their staff may complain to the Astana Financial Services Authority (“AFSA”), the financial regulator of the Astana International Financial Centre.

To lodge a complaint to the AFSA contact:

+7(7172) 64 73 72;
fintechlab@afsa.kz; or
AFSA Office, Mangilik El 55/17, pavilion C3.2., Astana, Republic of Kazakhstan

JURISDICTION AND APPLICABLE LAW

These Terms of Service shall be governed by and interpreted in accordance with the law of the Astana International Financial Centre (AIFC). In case of a dispute, parties shall solve disputes in an extrajudicial way – users of the Services agree to a mediation procedure according to the acting law of AIFC and mediation procedure, before taking the case before the court. Any dispute, whether contractual or non-contractual, arising out of or in connection to these Terms, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the AIFC Court. The language to be used in the proceedings shall be English.

MISCELLANEOUS

These Terms, including Personal data processing policy and Cookie Policy, govern the legal relationship between you and Onyx Trade regarding the use of our website. In the event that one of the parties does not exercise its right under these Terms, such conduct of the client or user shall not be considered as a waiver of the right or as a waiver of other rights. Onyx Trade shall not be liable for failure to fulfill its obligations under these Terms, if such failure is the result of any reason beyond the reasonable control of Onyx Trade, which includes, inter alia, force majeure, hacker attacks, mechanical, electoral and communication impairments or deterioration.

If any provision of the Terms turns out to be unenforceable or invalid, then that provision shall be limited or eliminated to the minimum extent necessary for the Terms to remain in force. Use of the website and platform in language other than English, may be limited. The main language of the website, Services, Terms of Service, Privacy Policy and Cookies Policy is English. In case of an inconsistency between the translations, the English language shall prevail for interpretation. Onyx Trade may transfer or assign to third party rights and obligations under the Terms, without your consent. In such case Onyx Trade shall inform you about the transfer by email or other

communication channels. Terms shall come into effect from the moment you accept the terms by entering Onyx Trade website / platform, and expire when you stop using it or when these Terms expire.

MODIFICATION OF THESE TERMS

Onyx Trade reserves the right to change and update these Terms of Service within the Website at any time. We will inform users about the changes via the next notification channels: 1) Email Notification: A detailed email will be sent to the registered email address of each client, outlining the key changes and providing a link to the updated Terms of Service. 2) Website Update: Our website will feature a prominent announcement regarding the updates to the Terms of Service, along with a summary of the changes and a direct link to the full updated document.

3) In-Platform Notification: For clients using our digital platform, an in-platform notification will be displayed upon their next login, alerting them to the updates with an option to review the changes directly within the platform. 4)Customer Support: Our customer support team will be prepared to answer any questions or concerns regarding the changes to the Terms of Service, providing further clarifications and assistance as needed. . It is your responsibility to familiarize yourself with any possible changes. The date of the last Terms is in the document. If you have any questions, please contact us at aml@onyxtd.kz

If these Terms become unacceptable to you or you do not agree to the Terms after modifying them, do not use this site anymore and delete your user account. By using the Website and trading on the exchange, you agree to the Terms of Service as modified.

CONTACT

If you would like to contact us regarding Terms of Service or Privacy Policy, please contact us at aml@onyxtd.kz You agree that your feedback may be used to improve and/or modify our website and Services without any limitation or obligation to pay.

Approved by: Madina Saidazimova Position: CEO

Date: 14.12.2023