ANANTA XTREME GENERAL TERMS OF SERVICE
Effective Date: August 23, 2024
1. INTRODUCTION
These Ananta Xtreme General 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 Netfluid group of companies, operating under any Ananta Xtreme brand name or trademark or any white-labeled brand/trademark hosted by us ("Ananta Xtreme" or "we"), governing our contractual relations in regard to your use of Ananta Xtreme's services, products, websites, and mobile applications, along with any applicable third-party terms. You and Ananta Xtreme 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 Ananta Xtreme.
Keep in mind that by using the services, products, websites, and mobile applications provided by Ananta Xtreme (even only by completing the sign-up process), you both actively agree with these Terms and enter into contractual relations with Ananta Xtreme.
2. DEFINITIONS
2.1. 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 17 of these Terms.
2.2. 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).
2.3. Tokenised Asset or Tokenised Fiat means a tokenised form of currency, as indicated on the Ananta Xtreme Platform and in the Ananta Xtreme Account, which may be chosen by you for the purpose of a Transaction.
2.4. Ananta Xtreme Account means a personal or business account opened with Ananta Xtreme, through which you can use the Ananta Xtreme Services.
2.5. Ananta Xtreme Services means all services provided by Ananta Xtreme through the Ananta Xtreme Platform.
2.6. Ananta Xtreme Platform means any Ananta Xtreme website, mobile application and any other official Ananta Xtreme communication channel, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.
2.7. Digital Assets means any digital assets, such as cryptocurrencies, stablecoins and tokenized assets, including Ananta Xtreme Tokens, approved and supported by Ananta Xtreme, and subject to revision, prohibitions and limitations at any time.
2.8. Digital Asset Wallet means a wallet wherein all the Digital Assets approved and supported by Ananta Xtreme can be stored by the Client.
2.9 Ananta Xtreme Wallet is a digital wallet that may hold one or more Ananta Xtreme Accounts which in turn may be assigned a Digital Asset Wallet but shall at all times contain a Tokenised Asset.
2.10. Exchange means any exchange used by Ananta Xtreme for the purpose of an Exchange Transaction.
2.11. Exchange Transaction means a sale transaction initiated by the Client in the Ananta Xtreme Account, and/or the sale transaction executed by Ananta Xtreme on the relevant Exchange(s), while the above sale transactions may be more than one, as the case may be and to the extent needed and applicable.
2.12. Fees means any fees payable to Ananta Xtreme with regard to the Ananta Xtreme Account and use of the Ananta Xtreme Services, as indicated on the Ananta Xtreme Platform and/or in the Ananta Xtreme Account at a given time or otherwise agreed with us, and subject to revision from time to time, at our sole and absolute discretion.
2.13. Intellectual Property means any intellectual and industrial property rights, belonging to Ananta Xtreme, including, but not limited to trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade and company names, etc.
2.13. Ananta Xtreme Token means a native utility Digital Asset of Ananta Xtreme, providing the Client with the option to use a wide variety of additional features of the Ananta Xtreme Services and/or be granted preferential terms by Ananta Xtreme.
2.14. Personal Data means any information about you that is necessary, among other things, for verification of your identity, use of the Ananta Xtreme Services, and compliance with regulatory requirements.
2.15 Electronic Voucher(s) means a means by which a promissory note associated with a credit fiat value is encoded and then produced as an electronic token, said token, can be passed from hand to hand and redeemed for the same intrinsic value using the same currency as when issued.
2.16 A Merchant is a Client that performs the task of issuing and redeeming Electronic Vouchers, in return for which is paid a portion of the Fee associated with that Electronic Voucher.
For the purposes of this Agreement, unless otherwise specified, terms used in the singular include the plural, and terms used in the plural include the singular. References to any gender include all other genders, and references to a person or persons include individuals, corporations, partnerships and other business entities. The use of a particular term is for convenience only and is not intended to limit or define the rights and obligations of the Parties.
3. ANANTA XTREME SERVICES
3.1. The Ananta Xtreme Services comprise of:
The Ananta Xtreme Account Service comprising of the Funding Service, Transfer Service, Exchange Service and Withdrawal Service; Any other product, service or incentive program offered by Ananta Xtreme that may be launched via the Ananta Xtreme Platform or accessed through your Ananta Xtreme Wallet.
3.2. All or part of the Ananta Xtreme 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 Ananta Xtreme Wallet and on the Ananta Xtreme Platform.
3.3. The access to your Ananta Xtreme Account will allow you to: (i) request a Ananta Xtreme Service, (ii) view your balance and Transaction History, (iii) fund, withdraw and transfer Digital Assets and Tokenised fiat, for which such options are available on the Ananta Xtreme Platform and/or in your Ananta Xtreme Account, and subject to revision from time to time at our sole and absolute discretion, (iv) perform other actions in relation to the above.
4. ONBOARDING
4.1. By opening your Ananta Xtreme Account and/or using the Ananta Xtreme Services, unless stipulated otherwise in these Terms or the relevant Exhibit, you acknowledge and confirm that:
a. 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.;
b. You are not identified as a "Specially Designated National" and are not placed in the US Commerce Department's Denied Persons List;
c. You are not a resident of the United States of America and all associated with it overseas countries and territories and you do not have any relevant connection with any jurisdiction where you have prohibited or restricted access to the Ananta Xtreme Services ;
d. You are at least 18 years old or of legal age to enter into contractual relations with Ananta Xtreme (whichever is later);
e. You are the exclusive beneficial and/or legal owner of any Digital Assets to be topped up into your Ananta Xtreme 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;
f. You are the beneficial owner of your Ananta Xtreme 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;
g. You comply with all Applicable Law requirements relevant to you and your use of the Ananta Xtreme Services, such as tax, exchange control and registration ones, as well as with all Ananta Xtreme's requirements in this regard;
h. You have read, understood and agreed to our Privacy Policy and the present Terms.
4.2. You are not entitled to open a new Ananta Xtreme Account if we have previously suspended, limited or terminated your Ananta Xtreme Account.
4.3. When you ask Ananta Xtreme to open your Ananta Xtreme Account, you shall provide Ananta Xtreme with all the information and/or documents, as may be requested by Ananta Xtreme or any third party acting on its behalf, so Ananta Xtreme can verify your identity and validate your funding sources and transactions. Ananta Xtreme 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 authorise Ananta Xtreme 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.
4.4. We can refuse to open your Ananta Xtreme Account and grant you access to the Ananta Xtreme Services or any of them, without being in any way obliged or required to provide you with the reasoning for this decision.
4.5. You hereby represent and warrant that all the information you provide Ananta Xtreme with is complete, accurate and up-to-date at all times. If there are any changes in this information, you shall notify Ananta Xtreme and send Ananta Xtreme accurate information without any delay.
4.6. If at any point Ananta Xtreme needs to verify that the information it has about you is complete, accurate and up-to-date, Ananta Xtreme will contact you and request that you either provide more information or that you go through the verification process all over again. If you do not complete all the necessary steps, or if you fail to provide Ananta Xtreme with complete, accurate and up-to-date information, Ananta Xtreme will not be able to provide you with the Ananta Xtreme Services. Ananta Xtreme may also, at its sole and absolute discretion, restrict or terminate your access to the Ananta Xtreme Services and/or the Digital Assets in your Ananta Xtreme 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 Ananta Xtreme's inability to provide you with the Ananta Xtreme Services, or the restriction or termination of your access thereto.
4.7. In order to ensure compliance with relevant regulations, the Ananta Xtreme 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 Ananta Xtreme 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 Ananta Xtreme 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 Ananta Xtreme's instructions with regard to the above reversals or adjustments may lead to suspension or termination of your Ananta Xtreme Account, legal actions, or other remedies under any Applicable Law.
4.8. 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 Ananta Xtreme 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 Ananta Xtreme 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 Ananta Xtreme of this and if the device has been accessed or used in an unauthorized manner, you shall, as soon as possible, reset the password.
5. FUNDING SERVICE
5.1. You can fund Digital Assets and/or Tokenised Fiat into your Ananta Xtreme Account at any time by effecting a transfer from the relevant funding sources that may be available to you and amended from time.
5.2 Irrespective of the fiat funding sources used, all fiat funding transactions are processed by means of the Client purchasing and the Ananta Xtreme System redeeming the same Electronic Voucher. In some cases this intermediary step might not be evident or visible to the Client as the funding mechanism is automated to do so in one seamless process.
5.3. Once funded, as per 5.1 to 5.2, you can subsequently use the Digital Assets or Tokenised fiat in your Ananta Xtreme Account for the purpose of all Ananta Xtreme Services.
5.4. 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 fund into your Digital Asset Wallet are currently approved and supported by Ananta Xtreme and not subject to prohibitions or limitations regarding such topping-up, as indicated in the Ananta Xtreme Account and on the Ananta Xtreme Platform. If: (i) you transfer Digital Assets to an incorrect address, (ii) the Digital Assets transferred are not approved and supported by Ananta Xtreme, or (iii) the Digital Assets are subject to prohibitions or limitations regarding such topping-up, as indicated in the Ananta Xtreme Account and on the Ananta Xtreme Platform, your Digital Assets will be irreversibly lost. We will not be liable to you for any such loss.
5.5. A transfer to your Digital Asset Wallet is confirmed once the balance of your Digital Asset Wallet has been updated with the corresponding amount.
5.6. 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.
5.7. You may purchase Digital Assets: (i) by transferring their purchase price to a dedicated Ananta Xtreme's bank account via bank transfer, (ii) by using a credit or debit card (iii) by redeeming an Electronic Voucher and instructing Ananta Xtreme to proceed with the relevant purchase transaction and/or initiate an Exchange Transaction, as the case may be, depending on the type of Digital Assets subject to funding, or (iii) by using a third-party service provider and authorizing Ananta Xtreme to share necessary information therewith and subject to you completing any additional steps, leading to one or more purchase transactions that result in a funding of your Ananta Xtreme Account (applicable only to certain Digital Assets as indicated on the Ananta Xtreme Platform).
5.8. You may opt to set up recurring Digital Assets purchases by selecting the amount of the purchase price and the type of Digital Asset within the limitations indicated in the Ananta Xtreme Account and on the Ananta Xtreme 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 on the Ananta Xtreme Platform. You understand and agree that the proceeds from the recurring purchase transactions will depend on the market price of the chosen Digital Asset at the time of the execution.
5.9. You cannot reverse any transaction once you have provided the relevant instructions and/or payments to Ananta Xtreme, and you cannot change, withdraw or cancel the authorisation to Ananta Xtreme to complete any pending or partially completed transactions. Ananta Xtreme 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. Ananta Xtreme 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 Ananta Xtreme Account.
6 CUSTODY SERVICE
6.1. Digital Assets in your Ananta Xtreme Account shall never be held in custody with third parties. Private Keys for any Ananta Xtreme Accounts used in your Ananta Xtreme Wallet is available for Download under the relevant section of the website, mobile application.
6.2. Ananta Xtreme provides a non-custodial service to simplify and enhance your blockchain wallet experience. We open and register a wallet on your behalf on the Ananta Xtreme supported blockchains; and we provide you with the Privates Keys to these wallets. However you remain the owner of the Private Keys associated with your blockchain wallet and therefore we cannot and shall not be held responsible for any transaction processed by the blockchain on these accounts.
6.3. Ananta Xtreme provides a Tokenised fiat service, whereby the Tokenised fiat represented in the Ananta Xtreme Account is held with banking institutions, in the presented currency, across multiple jurisdictions, world-wide. We reserve the right to place this fiat with- and pay out the funds from any banking institution of our choice.
6.4. Ananta Xtreme is a platform that provides a conduit for you to perform local and international transactions for which we charge a Fee based on convenience. You are ultimately responsible for those transactions.
6.5. Ananta Xtreme is not a bank and we do not provide or offer interest on the assets we represent. The fiat assets you assign to us to represent on your behalf in the Ananta Xtreme Wallet are not covered by any governmental investor compensation schemes. As such, losses incurred in connection with these Tokenised fiat assets are not recoverable.
6.6. 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. Ananta Xtreme may transfer such Digital Assets off of the primary blockchain protocol and hold such Digital Assets on shared blockchain addresses, controlled by Ananta Xtreme, 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.
6.7. For certain Digital Assets, the underlying protocols offer the ability to vote on matters related to the governance of protocol-level issues. Ananta Xtreme may or may not support voting for such Digital Assets, and may cease supporting voting at any time at its discretion.
6.8. The Ananta Xtreme System relies solely on the use of Electronic Vouchers for the Fund Service. Electronic Vouchers are issued and redeemed by Merchants. An issuing Merchant charges a Client an inclusive Fee on top of the value of the Electronic Voucher, said Fee is dispersed on successful redemption to (i) the redeeming Merchant (ii) the issuing Merchant (iii) the white-labeled partner, if and where applicable and (iv) Ananta Xtreme.
6.9. Electronic Vouchers are encoded with a expiration date, as determined by the Ananta Xtreme System. The Client agrees that the Ananta Xtreme System is under no obligation to honor the redemption of an expired Electronic Voucher, unless compiled to do so under applicable legislation.
6.10. On expiration without redemption the Electronic Voucher is destroyed and the credit value it contains reverts to Ananta Xtreme.
7. TRANSFER SERVICE
7.1. You may transfer any Digital Asset other than the ones subject to the prohibitions or limitations indicated in the Ananta Xtreme Account and on the Ananta Xtreme Platform, from your Digital Asset Wallet to another wallet of yours or of a third party.
7.2. 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 Ananta Xtreme Services or access to your Ananta Xtreme Account.
7.3. You shall verify all transaction information prior to submitting instructions for a Digital Asset transfer to Ananta Xtreme, as any such transfer cannot be canceled or reversed by you once processed. You acknowledge that you are responsible for ensuring the accuracy of any instructions submitted to Ananta Xtreme and that any errors may result in the irreversible loss of your Digital Assets. Ananta Xtreme 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 honor 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.
7.4. You shall have sufficient Digital Assets in your Digital Asset Wallet prior to instructing Ananta Xtreme 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 Ananta Xtreme. By instructing Ananta Xtreme to effect the Digital Asset transfer, you authorise Ananta Xtreme to debit your Digital Asset Wallet for the full amount of the Digital Assets needed to complete the Digital Asset transfer.
7.5. It may be necessary for Ananta Xtreme 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.
7.6. You may initiate a transfer of your Digital Assets or Tokenised fiat to another Ananta Xtreme Account, by submitting the account address of the intended recipient. Based on the provided information, if the supplied credentials are attributable to an existing Ananta Xtreme Account, Ananta Xtreme shall allocate the Digital Assets or Tokenised fiat to the corresponding wallet of the intended recipient. In the event that the credentials supplied are not attributable to an existing Ananta Xtreme Account, the transfer shall fail. Failure to adhere to this requirement, or any limitations indicated on the Ananta Xtreme Platform, shall result in the cancellation of the transfer and the consequent reversion of the Digital Assets to your Savings Wallet. All such Digital Assets transfers shall be pending until the transfer is completed or canceled either by you or as indicated above.
8. WITHDRAWAL SERVICE
8.1. You may request for a withdrawal of all or part of the Digital Assets and/or Tokenised fiat, subject to the prohibitions and limitations indicated on the Ananta Xtreme Platform and in the Ananta Xtreme Account, by instructing Ananta Xtreme to sell the relevant Digital Assets or Tokenised fiat and transfer the fiat proceeds of the sale transaction to a withdrawal destination of your choice, as provided to you, and amended from time to time.
8.2. Any withdrawals may be subject to limits on the amount of their fiat equivalent, which can be withdrawn in a given period (e.g. daily, weekly, monthly, or annually), as specified in your Ananta Xtreme Account. Your withdrawal limits may vary, verification steps completed by you, security, and other factors. If you wish to increase your withdrawal limits, you may submit a request to support@ananta-x.me. Ananta Xtreme 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.
9. RISK DISCLOSURE
9.1. General Risks Associated with Digital Assets
a. 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 here in below.
b. 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.
c. 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.
d. 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. Ananta Xtreme 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.
e. 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.
f. 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. These may occur as a result of scaling challenges or in relation to Proof-of-Work ("PoW") digital assets (such as Bitcoin) lack of incentive for miners.
g. 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.
h. 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.
9.2. 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 Ananta Xtreme. 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.
9.3. 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 partial or total loss, for which Ananta Xtreme will not bear responsibility.
9.4. 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 Ananta Xtreme Services. Whether and how one or more digital assets constitute property, assets, or rights of any kind may also seem unclear.
9.5. 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 canceled or reversed. Furthermore, note that on-chain digital asset transfers are prone to human errors. For example, you may transfer your digital assets to the wrong wallet address or use the wrong blockchain network. Due to the nature of most protocols offered throughout our Ananta Xtreme Services, such erroneous transactions cannot be reversed. It is your sole responsibility to ensure any transactions are error-free.
9.6. 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 cyber attacks and any losses resulting from transactions affected by such events will likely not be recoverable.
9.7. Risks Associated with Individual Digital Assets
In addition to the general risks associated with digital assets as specified herein above, each specific Digital Asset available on or through the Ananta Xtreme Platform may present distinctive risks.
a. 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. The peg may be lost due to a wide range of reasons, including failure of an essential counterparty, reserve issues, failure of the functionality of an essential algorithm or, as it has happened in the past - dishonesty and/or fraud, and/or other non-compliance with any applicable law by the stablecoin issuer. Additionally, given the foundational role that stablecoins play in global digital asset markets, their fundamental liquidity can have a dramatic impact on paired digital assets from other classes. Because a large portion of the digital asset markets still depends on stablecoins, there is a risk that a disorderly depegging or a run on the stablecoin issuer could lead to dramatic market volatility in digital assets more broadly. Ananta Xtreme 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 Ananta Xtreme to be held liable over temporary and permanent losses resulting from deviations from the peg of any stablecoin.
b. 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, where developers abandon the project, sell a substantial part of their token holdings over a short time period and withdraw the funds, leaving investors with worthless tokens. DeFi protocols often rely on external data sources or "oracles". Manipulation or inaccuracies in these data sources can lead to unintended financial outcomes within the protocols.
c. Ananta Xtreme Token Risks. Before making a decision to purchase, hold, exchange, trade, or otherwise use the Ananta Xtreme Token, you should carefully consider the non-exhaustive list of risks below. These and other risks that were not foreseen or were deemed non-material at the time of writing, may emerge and may result in the loss of all or part of the value of the Ananta Xtreme Token.
i. Value Fluctuation Risk. The value of the Ananta Xtreme Token may fluctuate significantly and could fall to zero. Market dynamics, regulatory changes, and other factors can significantly affect the value of the Ananta Xtreme Token. As with all exchange traded digital assets, the value of the Ananta Xtreme Token may vary between platforms, where the Ananta Xtreme Token is listed on, including the Ananta Xtreme Platform. You assume the risk that the Ananta Xtreme Token may lose all or part of its value.
ii. Transfer Restrictions Risk. The Ananta Xtreme Token may not always be transferable. There may be times when you are unable to transfer the Ananta Xtreme Token due to various reasons, including but not limited to technological issues, network congestion, or regulatory constraints.
iii. Lack of Liquidity Risk. The Ananta Xtreme Token may not always be liquid. There may be limited or no secondary markets for the Ananta Xtreme Token, and therefore, you may not be able to sell or exchange it easily or at a favourable price.
iv. Exchangeability Risk. The Ananta Xtreme Token may not at all times be used in relation to the Ananta Xtreme Services, or exchangeable against other Digital Assets on the Ananta Xtreme Platform, particularly in the event of failure or discontinuation of the Ananta Xtreme Token.
v. Lack of Investor Compensation Scheme Coverage Risk. The Ananta Xtreme 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 Ananta Xtreme Token are not recoverable under these or similar schemes.
vi. Lack of Deposit Guarantee Scheme Coverage Risk. The Ananta Xtreme 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 Ananta Xtreme Token are not entitled to reimbursement under these or similar schemes.
vii. Offer-related Risk. Ananta Xtreme may, at any time, for whatever reason, at its sole and absolute discretion, discontinue the support of the Ananta Xtreme Token and the project associated with it. Acquisition of the Ananta Xtreme Token and the prospect of its potential admission to trading on any platform involves significant risks. These processes are subject to a high degree of uncertainty and are affected by numerous factors beyond the control of Ananta Xtreme, including but not limited to market demand, regulatory environment, the performance and reliability of trading platforms, the public perception of the Ananta Xtreme Token and the broader crypto-asset industry. The acquisition may not be successful and/or the trading markets for the Ananta Xtreme Token may not develop as anticipated, resulting in limited liquidity and price volatility. Changes in the regulatory landscape can impact the legality, permissibility, and practicality of the Ananta Xtreme Token's availability or its admission to trading, potentially limiting or precluding the ability for the Ananta Xtreme Token to be traded or used as intended.
viii. Regulatory Risk. The regulatory status of digital assets, including the Ananta Xtreme Token, is subject to significant uncertainty and changes in laws or regulations, which may materially adversely affect the use, transferability, ex-changeability, and value of the Ananta Xtreme Token.
ix. Technology-related Risk. The Ananta Xtreme 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. There is the potential for errors or vulnerabilities in the source code, which may also result in security breaches, loss of funds, or unintended operational behaviors.
x. Project Implementation-related Risk. The project associated with the Ananta Xtreme 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. If materialised, these risks could lead to alterations to the project's functionality, objectives, and the utility, transferability and value of the Ananta Xtreme Token itself.
xi. Issuer-related Risk. The value and functionality of the Ananta Xtreme Token are highly dependent on the good standing and operations of Ananta Xtreme. The Ananta Xtreme Token's viability is tied to Ananta Xtreme's ability to maintain its business, uphold a positive reputation, and successfully develop and support the project associated with the Ananta Xtreme Token. Such risks include but are not limited to Ananta Xtreme's financial condition, business activities and industry, legal and regulatory risks, internal control risks, environmental, social and governance risks, reputational harm, or discontinuation of parts of (such as the Ananta Xtreme Loyalty Program), or the entire project, and could negatively impact the utility, value, and transferability of the Ananta Xtreme Token.
xii. No Fiduciary Relationship. The issuer and/or distributors of the Ananta Xtreme Token are not your fiduciaries or advisors. You are solely responsible for determining whether the purchase of Ananta Xtreme Tokens, and, where such purchase is made with the intent to upgrade your loyalty level in the Ananta Xtreme Loyalty Program under Exhibit IX or otherwise, whether such upgrading is appropriate for you. Access to the Ananta Xtreme Services is not conditional on such purchase, respectively upgraded loyalty level. The latter is entirely optional and rests solely on the discretion and risk of the Client.
xiii. By purchasing, holding, exchanging, trading or otherwise using the Ananta Xtreme 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.
9.8. Risks Associated with the Ananta Xtreme Platform and the Ananta Xtreme Services:
a. General Risks. The risks associated with using the Ananta Xtreme Platform and the Ananta Xtreme Services are not exclusive to them but are inherent to the use of any online platform, particularly those involving financial transactions and digital assets. These inherent risks include but are not limited to cyber security threats, operational disruptions, and data privacy concerns. By using the Ananta Xtreme Platform and the Ananta Xtreme Services, you acknowledge and agree on those specific risks. The risks described hereinbelow are not exhaustive and do not disclose all the risks associated with your use of the Ananta Xtreme Platform and the Ananta Xtreme Services.
b. Security Risk. The Ananta Xtreme Platform has implemented security measures, such as two-factor authentication and cold storage, among others, with an aim to protect Client's 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 Ananta Xtreme Platform. The security measures may not be fully equipped to guard against all potential errors, software shortcomings, or other weak points in the Ananta Xtreme Platform's technical framework, which could potentially lead to asset theft, exploit loss, or damage. Ananta Xtreme does not have control over the procedures of third-party custody providers or the application of their security measures. Consequently, there is no guarantee that these security measures will function as intended or successfully protect the stored Digital Assets from all potential risks of theft, loss, or damage. Digital Assets not stored in cold storage may be at a higher risk of security breaches, hacking, or loss due to the nature of the transactions they are part of.
c. Custody Risk. Ananta Xtreme does not provide fiat currency checking, savings, or other type of account that is covered by any deposit guarantee, insurance against losses, or investor compensation scheme. Ananta Xtreme is not a banking institution, and the Ananta Xtreme Accounts are not subject to any governmental insurance protection, nor are they covered by any compensation scheme.
d. Digital Asset Management Risks.
i. By topping up Digital Assets into your Ananta Xtreme Account and/or using the Ananta Xtreme Services, you grant Ananta Xtreme all rights, including but not limited to convert, exchange, swap, sell or otherwise transfer, dispose of, invest, or use any amount of any Digital Assets in your Ananta Xtreme Account. This applies equally to any Digital Assets held separately or together with other property, for any period of time, and may mean from time to time that Ananta Xtreme, at its sole and absolute discretion, does not retain in its possession and/or control for delivery a like amount of Digital Assets or any other assets. Any action Ananta Xtreme decides to take with such Digital Assets will be performed in Ananta Xtreme's name only, and you will neither have, nor be entitled to, any benefits that may arise as a result.
ii. Ananta Xtreme may utilise diverse strategies, elected and compiled at Ananta Xtreme'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"), which may include DeFi Protocols developed by Ananta Xtreme's team. Ananta Xtreme does not assume any responsibility or liability to you for any losses that you may have incurred as a result of such diverse strategies, including but not limited to DeFi Protocols exploits and exit scams.
iii. While Ananta Xtreme adopts a best-effort approach to risk management, and notwithstanding the degree of care applied by Ananta Xtreme in electing and compiling the above strategies, all arrangements made by Ananta Xtreme as part of such strategies involve counter party, among others, risks, which might impact Ananta Xtreme.
iv. You understand, consent to and agree that all risks, not exhaustively listed herein, including but not limited to third-party risks, such as bankruptcy, cybersecurity, regulatory risks, etc., associated with Ananta Xtreme'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.
v. Data Visualisation Risk. Although we may provide historical, statistical, and/or real-time data regarding the price of Digital Assets, such data, derived either independently or through the use of third-party service providers (e.g. a real-time analytics tool), including but not limited to graphs, news feeds, market, price, blockchain, and ownership analytics, displayed on the Ananta Xtreme Platform, 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. You understand and agree that due to the volatile nature of Digital Assets, no data on their past performance can be deemed indicative, and should not be relied upon as a promise for future results.
9.9. The current tax treatment of the Ananta Xtreme 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 Ananta Xtreme Services.
9.10. You are responsible for determining whether the use of any of the Ananta Xtreme Services is legal in your jurisdiction, and you shall not use these Ananta Xtreme Services should such use be illegal therein. If you are uncertain, please seek independent legal advice. The continued use of the Ananta Xtreme Services represents your confirmation that you are aware of any applicable regulatory restrictions and that you are not subject to such restrictions.
9.11. The materials, including but not limited to any historical, statistical, and/or real-time data, contained on the Ananta Xtreme Platform are accessible globally. They are for general information purposes only and not intended as financial or investment advice, offer, solicitation, recommendation, or endorsement to use any of the Ananta Xtreme Services, and are not personalized or in any way tailored to reflect your particular investment objectives, financial situation or needs. By visiting the Ananta Xtreme Platform, you understand and agree that you use the Ananta Xtreme Account, the Ananta Xtreme Platform and the Ananta Xtreme Services on a non-solicited basis, entirely voluntary and at your sole and absolute discretion and risk. Providing you with the Ananta Xtreme Services does not make Ananta Xtreme your trustee or investment adviser, and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Ananta Xtreme Account other than those expressly specified herein. You should exercise your own judgment and consult with a qualified professional before making any decision in regard to the Ananta Xtreme Services. Ananta Xtreme accepts no liability for the consequences of any decisions made and actions taken for investing in a particular Digital Asset or using any of the Ananta Xtreme Services on the basis of the information provided, including for any damages suffered by the recipient of any communication coming from Ananta Xtreme. Notwithstanding any statements or representations made by agents or representatives of Ananta Xtreme, the only binding arrangements governing the contractual relations between Ananta Xtreme and you are expressly set forth in these Terms, which shall supersede and prevail over any conflicting or additional statements or representations made by such agents or representatives.
9.12. This Section (9) is not exhaustive and does not disclose all the risks associated with the digital assets and the use of the Ananta Xtreme Account, the Ananta Xtreme Platform, and the Ananta Xtreme Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
10. FORKS
10.1. 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.
10.2. 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.
11. OBLIGATIONS AND WARRANTIES
11.1. You hereby declare, warrant and confirm that:
a. You meet the conditions under Section 11;
b. You validly undertake any action or enter into any transaction with regard to the Agreement;
c. The Digital Assets, which you will top up into your Ananta Xtreme Account, or the funds, which you will use for the purchase of the Digital Assets to be topped up into your Ananta Xtreme 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;
d. You have submitted to Ananta Xtreme only complete, correct and up-to-date information and documents;
e. 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. Ananta Xtreme shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Ananta Xtreme Services, for which Ananta Xtreme shall not be held liable. You shall hold Ananta Xtreme harmless from any expenses and losses, resulting from the above uncertainty;
f. You are aware that you use the Ananta Xtreme Account, the Ananta Xtreme Platform and the Ananta Xtreme Services fully at your own risk.
11.2. You hereby undertake to:
a. Use the Ananta Xtreme Account, the Ananta Xtreme Platform and the Ananta Xtreme Services in good faith;
b. Not violate or breach any terms of these Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law;
c. Not commit, conduct, or perform any misrepresentation, fraud, malicious act, or criminal activities;
d. Not use the Ananta Xtreme Account, the Ananta Xtreme Platform and the Ananta Xtreme Services to conduct electronic spamming or otherwise distribute any unsolicited or unauthorised advertising, promotional or marketing materials, junk mail or chain letters;
e. Not provide false, inaccurate, incomplete, out-of-date, or misleading information;
f. Not interfere, intercept, or expropriate our network, system, data, or information;
g. Not transmit or upload any virus or other malicious software, or program, or try to gain unauthorised access to other Clients' accounts, websites, networks, or systems relating to the Ananta Xtreme Services;
h. Not decompile, reverse engineer, or disassemble any of our programs, systems, or products, or in any way infringe the Intellectual Property rights and/or such of our partners;
i. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems, or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Ananta Xtreme Services;
j. Not use the Ananta Xtreme Platform in a way that could damage, disable, impair, or compromise the Ananta Xtreme Platform or the provision of the Ananta Xtreme Services, interfere with other Clients, or affect the reputation of Ananta Xtreme. You undertake not to gain or attempt to gain unauthorised access to the Ananta Xtreme Accounts or the Digital Asset Wallets of other Clients;
k. Not take any action that imposes an unreasonable or disproportionately large burden or load on the Ananta Xtreme's infrastructure (including our servers, networks, data centres, and related equipment) and detrimentally interfere with, intercept, or expropriate any system, data, or information belonging to other Clients using the Ananta Xtreme Services;
l. Not engage in any written or verbal communication or conduct towards Ananta Xtreme, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, which may in any way be deemed harmful, threatening, aggressive, abusive, inappropriate, disparaging, or in any manner disrespectful;
m. Keep your device safe and maintain adequate security and control of your username and password, including but not limited to keep such username and password only to your knowledge and not disclose them to any third party;
n. Inform Ananta Xtreme about any change in the information and documents submitted to Ananta Xtreme, in particular in your contact details, within 1 (one) day of the change.
12. REFUSAL TO PROVIDE THE ANANTA XTREME SERVICES. LIMITATION, SUSPENSION OR TERMINATION OF THE ANANTA XTREME SERVICES. CLOSURE OF ACCOUNTS.
12.1. Ananta Xtreme reserves the right to, at its sole and absolute discretion, refuse to process or cancel any request from you in regard to the Ananta Xtreme Services, including for purposes of compliance with any Applicable Law.
12.2. The funding and withdrawal of Digital Assets into/from your Digital Asset Wallet may be subject to certain limitations imposed by Ananta Xtreme (as may be amended from time to time at Ananta Xtreme's sole and absolute discretion).
12.3. Ananta Xtreme may, at any time and without liability, terminate, suspend, limit, or reverse your use, or the functionality, of the Ananta Xtreme Services, or your access to your Ananta Xtreme Account (including freezing or closing your Ananta Xtreme Account, refusing to process any instruction of yours, or reversing a performed action), including but not limited to: (i) in the event of any breach by you of these Terms, any Exhibit and any other applicable terms, or any Applicable Law, (ii) for the purposes of complying with a regulator's demand, a court order, an act of any governmental authority, or any Applicable Law, (iii) upon Ananta Xtreme's suspicion that a transaction or your use of the Ananta Xtreme Services may be erroneous or connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities), or that your Ananta Xtreme Account has been compromised, (iv) your Ananta Xtreme Account is subject to any legal proceedings, (v) to remedy the effects of any defect in or compromise to any information system related to the provision of the Ananta Xtreme Services, (vi) for compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to, (vii) for maintenance of the system, or (viii) if there is a change in the eligibility criteria for opening of a Ananta Xtreme Account or use of the Ananta Xtreme Services. In the above cases, the Digital Assets in your Ananta Xtreme Account may be frozen for an indefinite period of time until the matter is resolved.
12.4. Ananta Xtreme may, at any time and without liability: (i) update or change any features, components or content of the Ananta Xtreme Services, cease to approve and support any Digital Assets and substitute them with Digital Assets approved and supported by Ananta Xtreme, determined as per Ananta Xtreme's sole and absolute discretion, if such are available in the Client's Ananta Xtreme Account at the cessation time. We do not guarantee that any such specific content, component, feature or Digital Asset will always be available to you, or (ii) suspend, terminate, cancel, or change any incentive program and/or pay-out in regard thereto.
12.5. Should your Ananta Xtreme Account incur a negative balance in any Digital Asset due to any transaction and/or cumulative transactions, you are required to immediately remedy the deficit by topping up additional Digital Assets into your Ananta Xtreme Account and/or by initiating the necessary Exchange Transaction. You shall remain fully liable for the amount of any negative balance and any corresponding transaction Fees. If you fail to reconcile the negative balance promptly, Ananta Xtreme reserves the right to employ various recovery measures, which may include, but are not limited to, recouping such negative balance from any other Digital Asset you may hold. You acknowledge and agree that Ananta Xtreme may, at its sole and absolute discretion, implement partial or full restrictions on the Ananta Xtreme Services, which may include, without limitation, the restriction of withdrawals as outlined in Section VIII and restriction or suspension of your Ananta Xtreme Account until such negative balance is settled. Ananta Xtreme reserves the right to modify or change the aforementioned measures as it deems necessary, without prior notice, in order to maintain the integrity of the Ananta Xtreme Platform.
12.6. If we decide to undertake any of the actions under 12.3 to 12.5, we may, but are in no way obliged to provide you with a notice of this unless otherwise agreed in these Terms, or it is impractical, impossible, or illegal to do so. Ananta Xtreme, at its sole and absolute discretion, may reverse the suspension or limitation once the reasons for them no longer exist. In this case, we will not be under any obligation to execute any suspended, reversed, or terminated transactions at a specific price, under specific terms, or at all.
12.7 Your obligations under these Terms will continue in the event of any limitation, suspension, reversal, or termination under 12.3 to 12.5. and you will not be released from any liability having arisen prior to such.
12.8. Ananta Xtreme shall not owe you any payment, compensation, or damages in relation to any suspension, limitation, cessation, reversal, or termination of your use of the Ananta Xtreme Services, regardless of the reason therefor.
12.9. Our rights for suspension, limitation, cessation, reversal and termination under this Section 12 shall be without prejudice to any other rights or remedies that we may have (whether under these Terms, Applicable Law or otherwise).
13. PERSONAL DATA
13.1. We can only provide you with the Ananta Xtreme Services once we have collected your Personal Data.
13.2. By creating your Ananta Xtreme Account and/or using the Ananta Xtreme Services, you acknowledge that Ananta Xtreme shall gather, process and store your Personal Data for the purpose of providing you with the Ananta Xtreme Services and declare, acknowledge and confirm that you have read our Privacy Policy and agree thereto.
13.3. We reserve the right, at any time, to verify your Personal Data for anti-money laundering and counter-terrorist financing purposes.
13.4. In the event your Ananta Xtreme Account is closed on any grounds under this Agreement, we will stop using your Personal Data for the purposes under 13.2, but we may need to keep your Personal Data as required by any Applicable Law.
13.5. LIMITATION OF LIABILITY
a. ALL THE ANANTA XTREME SERVICES ARE PROVIDED 'AS IS' AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ANANTA XTREME DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE NETFLUD SERVICES UNDER THESE TERMS.
ANANTA XTREME'S LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY ANANTA XTREME, AT OUR SOLE AND ABSOLUTE DISCRETION:
b. RE-SUPPLYING, REPLACING, OR REPAIRING THE ANANTA XTREME SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR
c. PAYING THE COST OF THE RE-SUPPLYING, REPLACING, OR REPAIRING OF THE ANANTA XTREME SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.
d. NOTWITHSTANDING ANY PROVISIONS IN THESE TERMS, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, PROXIES, OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES, OR CLAIMS:
e. DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR, OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOR DISPUTES, TERRORIST ACTS, RIOTS);
f. ARISING FROM OR IN CONNECTION WITH:
i. ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE ANANTA XTREME PLATFORM OR THE ANANTA XTREME SERVICES;
ii. FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS, OR INFORMATION SYSTEMS;
iii. ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;
iv. DELAY, FAILURE, OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;
v. ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OR ADJUSTMENT OF, ANY TRANSACTION FOR ANY REASON;
vi. YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN, OR NON-AVAILABILITY OF THE ANANTA XTREME PLATFORM OR THE ANANTA XTREME SERVICES;
vii. ANY UNAUTHORIZED OR INELIGIBLE USE OF THE ANANTA XTREME SERVICES CONTRARY TO THESE TERMS;
viii. ANY TERMINATION, SUSPENSION, LIMITATION, OR REVERSAL OF YOUR USE OF THE ANANTA XTREME SERVICES, OR YOUR ACCESS TO YOUR ANANTA XTREME ACCOUNT (INCLUDING FREEZING OR CLOSING OF THE LATTER);
g. DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS, OR ACTS OF ANY GOVERNMENTAL AUTHORITY;
h. RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT ANANTA XTREME SERVICE, YOUR ANANTA XTREME ACCOUNT OR ANY INFORMATION CONTAINED THEREIN;
i. RESULTING FROM OR ARISING OUT OF ANY THIRD-PARTY SERVICE PROVIDER'S CUSTODY, CONTROL, OR HANDLING OF THE DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO MALFEASANCE, NEGLIGENCE, OR MISHANDLING. ANY CLAIMS OR DISPUTES REGARDING SUCH MATTERS SHOULD BE DIRECTLY ADDRESSED TO THE RESPECTIVE THIRD-PARTY SERVICE PROVIDER. YOUR RECOURSE IN SUCH CASES SHALL BE SOLELY AGAINST THE RESPECTIVE THIRD-PARTY SERVICE PROVIDER, AND NOT AGAINST ANANTA XTREME;
j. RESULTING FROM ANY RISK OR OTHER CIRCUMSTANCE DISCLOSED TO THE CLIENT UNDER SECTION IX OR ELSEWHERE IN THESE TERMS.
k. NOTWITHSTANDING ANY PROVISIONS IN THESE TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
l. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE ANANTA XTREME SERVICES AND THESE TERMS EXCEED THE FEES YOU PAID TO ANANTA XTREME FOR YOUR USE OF THE RELEVANT ANANTA XTREME SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.
m. WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US.
n. NOTHING IN THESE TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
14. DEFAULT INDEMNIFICATION.
14.1. The occurrence of one of the following events constitutes an Event of Default:
a) The Client breaches any of the Client's obligations or warranties under these Terms and any Exhibit;
b) It is or becomes illegal for the Client to perform the Client's obligations under these Terms and any Exhibit;
c) Ananta Xtreme is unable to contact the Client in accordance with the Client's most recent instructions for sending correspondence.
14.2. In case of an Event of Default, Ananta Xtreme is entitled:
a) To terminate this Agreement with immediate effect;
b) To take any action it deems necessary to protect its interests.
14.3. You shall defend, indemnify, and hold harmless Ananta Xtreme, its affiliates, third-party service providers, and each of their respective employees, officers, directors and representatives, from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney's fees), arising out of or relating to any third-party claim concerning these Terms, any Exhibit, or your use of the Ananta Xtreme Services in violation of these Terms, any Exhibit, or any Applicable Law.
15. TERMINATION. CLOSURE OF ACCOUNT.
15.1. This Agreement may be terminated by Ananta Xtreme: (i) immediately and without notice, by closing your Ananta Xtreme Account and discontinuing your use of the Ananta Xtreme Services, on the grounds of 14, Letter a) or otherwise, (ii) upon written notice by Ananta Xtreme to the Client if Ananta Xtreme discontinues the offering of the Ananta Xtreme Services, regardless of the reasons.
15.2. You may, at any time, terminate your access to and use of any of the Ananta Xtreme Services, respectively the Agreement, and/or close your Ananta Xtreme Account. In order to do so, you shall submit a request to Ananta Xtreme in a form and together with the relevant supporting documents and/or information, as may be required by Ananta Xtreme. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such termination and/or closing, and that all Ananta Xtreme Services or the relevant part thereof will not be accessible thereafter.
15.3. All your debts to Ananta Xtreme shall have been settled prior to closing of your Ananta Xtreme Account. You may recover any remaining balance of Digital Assets, respectively the fiat equivalent of certain Digital Assets, subject to the limitations and risk disclosures, as indicated in these Terms, the Ananta Xtreme Account, and on the Ananta Xtreme Platform, unless we are prohibited by any Applicable Law or court order to release such Digital Assets, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for the purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities. Ananta Xtreme reserves its right to revise the limitations under the preceding sentence from time to time, at its sole and absolute discretion.
15.4. The termination of this Agreement shall not prevent Ananta Xtreme from seeking any remedies against the Client for any breach of this Agreement occurring prior to such termination.
16. NOTICES ELECTRONIC COMMUNICATIONS.
16.1. Any notice required or made under these Terms or any Exhibit from/by Ananta Xtreme to the Client shall be deemed duly received when sent to the Client's last used e-mail address, mailing address, mobile application or phone number. Ananta Xtreme may also issue notices through announcements on the Ananta Xtreme Platform. Such notices shall be deemed duly received by the Client once the latter logs into the Ananta Xtreme Platform after the notice has been posted. If a notice requires the Client's explicit consent, continued use of the Ananta Xtreme Platform and Ananta Xtreme Services by the Client after receiving the notice shall be deemed acceptance of the notice.
16.2. Any notice required or made under these Terms or any Exhibit from/by the Client to Ananta Xtreme shall only be made via e-mail in English to support@ananta-x.me
16.3. Your feedback, questions, or complaints may be referred to Ananta Xtreme via e-mail in English to support@ananta-x.me or through other communication channels indicated by Ananta Xtreme from time to time on the Ananta Xtreme Platform. We will do our best to respond as soon as possible. However, for more complicated issues, it may take Ananta Xtreme up to 30 (thirty) days to get back to you. We will not be responsible for any loss or damage suffered as a result of our failure to or delay in responding within the above period.
16.4. You shall be fully responsible for the security and authenticity of all instructions sent through the Ananta Xtreme Platform, and you shall be bound by all such instructions. We will assume that all the instructions received from your Ananta Xtreme Account are coming from you, and we shall not be obliged to verify this.
16.5. You accept the risk that your instructions and information may not be protected against unauthorised access when given through the Ananta Xtreme Platform as being transmitted via the Internet.
16.6. Any instructions sent to Ananta Xtreme shall only be deemed received by Ananta Xtreme when we have successfully retrieved them from the relevant system and duly informed you of the receipt. Any instructions sent by you to any third parties will only be deemed received by them in accordance with their terms and conditions.
16.7. You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the Ananta Xtreme Platform and the Ananta Xtreme Services (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means.
16.8. You acknowledge and agree that in the event of any dispute arising in connection with your use of the Ananta Xtreme Platform and the Ananta Xtreme Services, our records of all matters related to your use of the Ananta Xtreme Platform and the Ananta Xtreme Services on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.
17. GOVERNING LAW AND JURISDICTION
1. The Agreement and all Exhibits shall be governed exclusively by the substantive law of the Republic of Botswana.
2. Any dispute arising out of or in connection with the Agreement and all Exhibits, unless amicably settled between the Parties, shall be referred to the competent court in the Republic of Botswana, determined as per the procedural law of the Republic of Botswana. You agree that any dispute resolution proceeding shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Ananta Xtreme's Clients.
18. INTELLECTUAL PROPERTY
18.1. The Intellectual Property remains an exclusive property of Ananta Xtreme. You acknowledge and agree that no part or parts of the Intellectual Property may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works, or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission. You are expressly and emphatically restricted from all of the following: (i) selling, sublicensing, and/or otherwise commercialising any Intellectual Property, (ii) using the Ananta Xtreme Platform in any way that is, or maybe, damaging, (iii) using the Ananta Xtreme Platform in any way that impacts Clients' access, (iv) using the Ananta Xtreme Platform contrary to Applicable Laws, or in a way that causes, may cause, harm to the Ananta Xtreme Platform, or to any person or business entity, (v) engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Ananta Xtreme Platform.
18.2. Other than the content you own, including any audio, video, text, images, or other material which you may have opted to include on the Ananta Xtreme Platform under these Terms or any Exhibit, Ananta Xtreme and/or its licensors own all rights to the Intellectual Property and material contained, and all such rights are reserved. In regard to your content, you grant Ananta Xtreme a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media. Your content must be your own and must not be infringing on any third party's rights. Ananta Xtreme reserves the right to remove any of your content from the Ananta Xtreme Platform at any time and for any reason without notice.
18.3. Ananta Xtreme hereby grants you a non-assignable and non-exclusive personal, worldwide, revocable, royalty-free license to use the Ananta Xtreme Platform. However, certain areas of the Ananta Xtreme Platform are restricted from access by you, and Ananta Xtreme may further restrict access by you to any areas, at any time, at its sole and absolute discretion.
19. MISCELLANEOUS
19.1. Your use of the Ananta Xtreme Services may be subject to certain Fees, as indicated in any Fee Schedule and/or on the Ananta Xtreme Platform, and/or in the Ananta Xtreme Account at a given time, or otherwise agreed with us, such as withdrawal fees, repayment fees, inactivity fees, etc., which may include third-party fees, such as bank fees, card fees, gas fees, etc., but are always exclusive of any taxes. Third-party fees may not always be calculated in advance, may be separately charged and payable to the relevant third-party service provider. You acknowledge and agree that you are solely responsible for paying all our Fees, as well as all separately charged third-party fees. Our Fees will be charged and debited automatically from your Ananta Xtreme Account in the same Digital Asset subject of the relevant Ananta Xtreme Service or other Digital Asset, as the case may be and at our sole and absolute discretion. In case the deduction is not possible, you undertake to pay the relevant Fee to us within 7 (seven) calendar days of our notice to do so. You hereby acknowledge and agree that we may charge you for any additional costs incurred in relation to your Ananta Xtreme Account or use of the Ananta Xtreme Services, such as wrong transfers, payment refusals, etc. Our Fees and any Fee Schedule may be changed at any time, at Ananta Xtreme's sole and absolute discretion and without notice to you.
19.2. This Agreement, together with the Privacy Policy, as well as the applicable Exhibits, represents the entire agreement between you and Ananta Xtreme in relation to the use of the Ananta Xtreme Services. Unless otherwise agreed, it supersedes all prior or current representations, statements, understandings, agreements, or communications between you and Ananta Xtreme, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, whether written or verbal and regardless of the communication channel.
19.3. Ananta Xtreme shall reserve its right to amend or supplement these Terms and any Exhibit from time to time and without notice. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Ananta Xtreme Platform unless otherwise indicated. You shall regularly check the Ananta Xtreme Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add, or remove any feature or functionality of the Ananta Xtreme Platform without notice. By continuing to use the Ananta Xtreme Platform and/or the Ananta Xtreme Services, after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented Terms and the changed Ananta Xtreme Platform. If you do not wish to be bound by any amendments or supplements to these Terms or any Exhibit, you shall discontinue your use of the Ananta Xtreme Platform and/or the Ananta Xtreme Services immediately.
19.4. The descriptive headings in these Terms or any Exhibit are inserted for convenience only and shall not affect their interpretation. For the avoidance of doubt, all express terms contained in these Terms shall prevail over any terms which it may be possible to construe as implied and/or binding by any materials contained on the Ananta Xtreme Platform.
19.5. The invalidity of the whole or part of any provision of these Terms or any Exhibit shall not affect the validity of the whole or part of any other provision of these Terms or any Exhibit. The remaining provisions of these Terms or any Exhibit shall remain in full force and effect.
19.6. The failure by Ananta Xtreme to exercise or enforce any right under, or provision of, these Terms or any Exhibit shall not constitute a present or future waiver of such right or provision.
19.7. None of your rights and obligations arising out of the Agreement or any Exhibit are assignable or transferable without the prior written consent of Ananta Xtreme. Ananta Xtreme shall reserve the right to assign, delegate, or transfer this Agreement or any Exhibit and the rights and obligations thereunder to any third party at any time, without notice or your consent.
19.8. Except for the legal entities belonging to the Netfluid group of companies оr operating under any Ananta Xtreme brand name or trademark, a person who is not a party to this Agreement shall not be entitled to enforce it.
19.9. This Agreement is prepared and concluded in English language, and may vary depending on your jurisdiction. In case it, the Ananta Xtreme Platform or any part thereof is translated into another language for whatever reason, the English version shall prevail.