Terms and Conditions (T&Cs) of SMARTWALLET (YamaD LLC)

Risk warning regarding crypto-related functions and digital assets:

Risk warning regarding crypto-related functions and digital assets: The use of software and technical solutions in the crypto sector involves considerable risks. Cryptocurrencies and other digital assets are subject to significant value fluctuations and legal uncertainties. Configuration errors, inadequate security measures, or unforeseen events (e.g., cyberattacks, market events) can lead to the partial or complete loss of your digital assets. SMARTWALLET does not offer investment advice, asset management, trading, or brokerage services and does not guarantee specific results. SMARTWALLET operates on a non-custodial basis, i.e., it does not store crypto assets or private keys—at no time does SMARTWALLET have access to users' cryptocurrencies or keys. The responsibility for the secure management of the wallet and keys, as well as for all transactions initiated with SMARTWALLET, lies solely with the user.

Note on the language version of the GTC

The following General Terms and Conditions (GTC) are legally binding in the present language version. Users who do not fully understand the language of individual content or provisions are obliged either to obtain a professional translation by a sworn translator or to use a machine translation at their own risk for better comprehensibility.

SMARTWALLET expressly points out that language-related misunderstandings, misinterpretations or comprehension problems do not give rise to any separate liability or legal consequences. Only the objective content of the present language version is decisive.

§ 1 Definitions

(1) "SMARTWALLET" refers to the web-based platform operated by YamaD LLC, based in Tbilisi, Georgia, Omar Khizanishvili Str. N 264, Gldani District, Technology Park Free Industrial Zone, email: info@SMARTWALLET.com (hereinafter referred to as "SMARTWALLET"). This platform gives registered users access to a technical infrastructure that allows them to independently configure and use various cryptocurrency-related functions, such as hosting services, key management, and tools for managing digital assets. SMARTWALLET merely provides the technical interface and tools. SMARTWALLET does not individually control or influence specific actions or transactions of the user.

(2) "Digital assets" / "crypto assets" refers to cryptographically based units of value (e.g., cryptocurrencies or tokens) that are stored decentrally in distributed ledgers (blockchain or similar technologies). These digital assets can be managed by the user via their own wallet. SMARTWALLET itself does not issue any crypto assets and does not hold such assets in custody.

(3) "Wallet" within the meaning of these GTC refers to the wallet infrastructure controlled by the user (software wallet and associated applications) in which the user's private keys are stored and through which the user carries out transactions relating to their digital assets. The wallet belongs exclusively to the user; although SMARTWALLET may provide technical connections or tools (e.g., for connecting to a wallet or blockchain), it has no access to the wallet or the crypto assets stored therein

(4) "Private keys" are the cryptographic keys required to authorize transactions with crypto assets and enable access to the user's digital assets. The user is solely responsible for keeping their private keys safe and secret (e.g., by securely storing seed phrases, backup keys, etc.). SMARTWALLET does not at any time gain knowledge of the user's private keys and does not store or manage them.

§ 2 Provider and subject matter of the contract

(1) The contractual partner within the scope of these GTC is YamaD LLC (hereinafter referred to as "SMARTWALLET") as defined in § 1. SMARTWALLET provides its services exclusively on the basis of these General Terms and Conditions.

(2) SMARTWALLET operates a digital platform through which registered users gain access to a technical infrastructure for the independent management of their cryptographic assets. In particular, users can configure and use crypto-related functions such as hosting services (e.g., the provision of server resources or nodes for blockchain applications), key management (such as tools for generating, encrypting, or managing their own private keys), and other tools for managing digital assets via SMARTWALLET. All functions serve to support the non-custodial self- e of the user's digital assets: SMARTWALLET itself does not store the user's cryptocurrencies at any time and has no access to their private keys. All transactions or dispositions of digital assets are carried out by the user personally and on their own responsibility via their own wallet infrastructure. SMARTWALLET merely provides the technical interfaces and software tools to facilitate these processes without itself becoming a party to any transactions involving crypto assets.

(3) Use of the SMARTWALLET platform is currently free of charge. However, SMARTWALLET reserves the right to offer certain services or additional functionalities for a fee in the future or to introduce a fee-based usage model. In the event that fee-based services are introduced, SMARTWALLET will inform users of this in advance. Prices and conditions would then be announced and explained in a separate price list. No costs will be charged to the user without their express consent. If users voluntarily choose a paid offer, a corresponding contract (or contract amendment) will only come into effect after separate consent to the then valid terms of payment.

§ 3 Registration and use of the platform

(1) Use of SMARTWALLET requires prior registration of the user on the platform. Anonymous or unauthorized use without registration is not possible, as certain personalized settings and secure key assignments are required for functionality. Upon registration, the user creates a personal user account

(2) The user undertakes to provide truthful and complete information in accordance with SMARTWALLET's specifications during the registration process. The minimum information required is usually: first and last name or company name, a valid email address, and a secure password. SMARTWALLET is entitled to require the use of certain secure authentication procedures (e.g., two-factor authentication) to further secure access to the account. If the use of certain functions requires additional technical information (e.g., public keys, wallet addresses, or configuration parameters for the hosting functions), this information must also 4 be provided by the user in accordance with SMARTWALLET's instructions. All data provided must be kept up to date; the user must immediately update any changes (e.g., to their email address) in their account.

(3) At the time of registration, the user must be of legal age (at least 18 years old) and have full legal capacity. SMARTWALLET reserves the right to request proof of identity from users (e.g., by means of a KYC procedure) within the framework of applicable legal provisions or for security reasons, in particular to comply with legal obligations (e.g., under money laundering regulations) or to prevent misuse.

(4) The user is solely responsible for setting up, securing, and managing their own wallet infrastructure. This includes, in particular, the proper generation and storage of their private keys, the securing of seed phrases/recovery codes, the setup of any external wallet apps or hardware, and—if the user uses external services or interfaces in connection with SMARTWALLET—the correct configuration of these connections. SMARTWALLET accepts no liability for errors, delays, or security breaches resulting from the improper setup or management of the user's wallet (see also § 7). The user is required to regularly make backup copies of their keys/wallet data and to take appropriate security measures (e.g., virus protection, access locks) on their own devices.

(5) SMARTWALLET reserves the right to reject registrations or usage requests at its own discretion without giving reasons. This applies in particular in cases where technical risks are identified (e.g., unusual access patterns), there is suspicion of abusive or illegal use, the required information is incomplete or obviously incorrect, or the user has violated these Terms and Conditions or does not accept their validity.

(6) Each user may only create one user account per natural person or legal entity, unless SMARTWALLET expressly approves the creation of multiple accounts. The access data (login, password, etc.) must be treated confidentially by the user. The transfer of access data to third parties or the use of one's own account by third parties is prohibited. The user must take appropriate measures to prevent unauthorized access to their account (e.g., secure passwords, no disclosure of access data). If misuse of the account or access data is suspected (e.g., loss or unauthorized knowledge of the password), SMARTWALLET must be informed 5 immediately. SMARTWALLET is entitled to temporarily block affected accounts in order to prevent damage.

(7) The platform may only be used by the user within the scope of the intended functionalities and in accordance with these GTC. Any misuse is prohibited. In particular, the user is prohibited from circumventing SMARTWALLET's technical protection measures or security precautions, using the platform by means of automated scripts or similar technologies in a manner not covered by the intended interfaces (e.g. unauthorized mass queries), or to take actions that could jeopardize the integrity, availability, or security of SMARTWALLET services. In the event of violations, SMARTWALLET is entitled to temporarily block the access of the user concerned or, in the case of serious violations, to permanently deactivate it (§ 9 (3)).

§ 4 Conclusion of contract and provision of services

(1) The contract for the use of SMARTWALLET is concluded as soon as the user has successfully completed the registration process on the platform and SMARTWALLET confirms the registration by sending a confirmation message (e.g., by email) or by activating the account. By registering, the user accepts the validity of these GTC. If the user uses the platform free of charge, the provision of services (provision of access to the platform) begins immediately after conclusion of the contract, subject to any maintenance times or technical delays.

(2) After conclusion of the contract, SMARTWALLET shall provide the user with the agreed services, in particular access to the web platform and the tools/functions provided there in accordance with § 2 (2). SMARTWALLET shall endeavor to provide an environment that is always up to date and secure. Adjustments or updates to the software and infrastructure provided, which serve to improve, secure, or further develop the platform, may be carried out by the provider at any time (see also § 6 (4)). However, the user has no claim to a specific design or future enhancements to the platform as long as the contractually agreed main services are fulfilled.

(3) If and when SMARTWALLET introduces additional services or premium features for a fee, as reserved in § 2 (3), the user will be informed of the respective terms of use and prices before 6 using such services. A contract for a paid service is only concluded separately after the user has selected the desired offer, accepted the applicable fees in accordance with the then valid price list, and—if immediate payment is required—successfully made the payment. In such a case, SMARTWALLET will confirm the conclusion of the contract and, if applicable, the activation of the paid feature to the user. Until the introduction of any paid services, all services remain available free of charge.

(4) SMARTWALLET generally only provides services (in particular digital content/functions) after the contract has been concluded. In the case of paid digital services that are to be provided before the expiry of the withdrawal period specified in § 5, SMARTWALLET will – to the extent required by law – obtain the consumer's express consent to the early commencement of services and confirmation of the loss of the right of withdrawal (see § 5 (2)). Without such consent, SMARTWALLET will wait until the expiry of the withdrawal period before providing the paid service.

(5) The user acknowledges that the conclusion of the contract does not result in any transfer of crypto assets or private keys to SMARTWALLET. SMARTWALLET does not carry out any transactions on behalf of the user and has no control over the user's assets. The role of SMARTWALLET is limited to the technical facilitation of transactions initiated by the user. Accordingly, there is no custody agreement within the meaning of the legal requirements; the user retains direct control over their digital assets at all times.

§ 5 Right of withdrawal for consumer contracts (digital services)

(1) If the user is a consumer (i.e., a natural person who concludes the contract for purposes that are predominantly neither commercial nor self-employed), they are generally entitled to a statutory right of withdrawal when concluding a contract for the use of SMARTWALLET. The right of withdrawal is governed by the statutory provisions and these GTC. The withdrawal period is 14 days from the date of conclusion of the contract (i.e. from the date of confirmation of registration in accordance with § 4 (1)).

(2) In the case of contracts for the provision of digital content or services that are not delivered on a physical data carrier (as is the case with SMARTWALLET's online services), the consumer's right of withdrawal expires prematurely if all of the following conditions are met:

• a) SMARTWALLET has begun to perform the contract (i.e., the provision of the digital service) after the user has expressly agreed that SMARTWALLET may begin performance before the expiry of the 14-day withdrawal period, and
• b) the user has simultaneously confirmed their awareness that they will lose their right of withdrawal upon complete fulfillment of the contract by SMARTWALLET.

(3) SMARTWALLET will – if necessary in individual cases (in particular in the case of any future digital services to be provided immediately for a fee) – obtain the user's consent and confirmation as described in paragraph 2 before performing the service. This can be done, for example, during an order or booking process by means of corresponding checkboxes or declarations. Without such consent, SMARTWALLET will wait until the withdrawal period has expired before providing the service.

(4) The user will receive a cancellation policy from SMARTWALLET in text form as part of the registration or ordering process and additionally by email, detailing their right of cancellation. This policy also contains a sample cancellation form that the user can optionally use for their cancellation. To meet the deadline, it is sufficient for the user to send the revocation before the expiry of the revocation period.

(5) If the user wishes to exercise their right of withdrawal, they must inform SMARTWALLET of their decision to withdraw from the contract by means of a clear statement (e.g., by email to the contact address specified in § 2 (1) or by post to the address specified there). If the user effectively exercises their right of withdrawal, SMARTWALLET will refund any consideration already received without delay, at the latest within 14 days of receipt of the withdrawal. As the basic service of SMARTWALLET is currently free of charge, a withdrawal usually leads to the deletion of the user account without any costs having to be reimbursed.

(6) The right of withdrawal applies exclusively to consumers. Users who act in the exercise of their commercial, self-employed, or professional activities when concluding the contract do not have a right of withdrawal under the regulations for consumers.

§ 6 Term, period of use, and modification of services

(1) The user agreement is concluded for an indefinite period. It begins upon conclusion of the agreement in accordance with § 4 (1) and runs for an indefinite period until it is terminated by one of the parties in accordance with § 9 or terminated by other circumstances. There is no minimum contract term.

(2) Insofar as SMARTWALLET offers temporary functions (e.g., beta features, test versions, or, in the future, temporary premium licenses), the respective period of use shall be specified in the offer. After the temporary period has expired, the user's access to the function in question shall automatically expire without the need for termination. Paragraph 1 (use for an indefinite period, subject to termination) applies to the unlimited basic functions of the platform.

(3) The free provision of SMARTWALLET's services is subject to fair usage. The user may only use the platform to an extent that is consistent with the purpose of the platform and does not place an excessive load on the SMARTWALLET infrastructure. Excessive use of system resources (e.g., through automated continuous use, mass API calls, if available, or other activities that significantly exceed the usual level) is prohibited. SMARTWALLET reserves the right to take appropriate measures in the event of an unusually high load attributable to a single user activity that jeopardizes the stability of the service for others. Such measures may include, for example, the temporary throttling of requests, the restriction of certain functions, or, in extreme cases, the temporary suspension of the user account affected . SMARTWALLET will take into account the legitimate interests of the user and avoid disproportionate restrictions.

(4) SMARTWALLET is entitled to adapt or further develop the technical characteristics of the platform and the range of functions over time in order to improve the service, adapt it to changed legal conditions, or meet security requirements. Significant restrictions on the contractually guaranteed main service are excluded. This means that core functions of the platform will not be withdrawn without the user being entitled to a right of termination or a possible claim for compensation. SMARTWALLET may implement minor changes or enhancements that improve the user experience or increase security (e.g., updates, bug fixes, UI improvements) without prior notice. In the event of major changes that significantly affect user behavior, SMARTWALLET will inform the user in a timely manner in accordance with § 12.

§ 7 Integration of external services and third-party responsibility

(1) Certain functions of SMARTWALLET may require connection to external services or networks. For example, certain tools may need to connect to a blockchain, an external node, or a third-party service (such as a cloud hosting service). Insofar as SMARTWALLET offers such interfaces, they serve to enable the function desired by the user (e.g., sending a transaction via the blockchain network). The establishment and maintenance of the connection to external systems is the responsibility of the user, unless it is provided fully automatically by SMARTWALLET.

(2) The user is solely responsible for the correct setup and management of all external components that they use in conjunction with SMARTWALLET. In particular, the user is responsible for:

• the proper setup and configuration of their own wallet and, if applicable, wallet software (including the selection of trusted applications or hardware wallets),
• connecting to blockchain networks (e.g., selecting and using a suitable network node or provider, if SMARTWALLET allows the choice, or using a standard connection offered by SMARTWALLET at their own risk),
• compliance with third-party terms and conditions if the user uses third-party services (e.g., terms and conditions of a cloud provider, external exchange, or wallet service),
• keeping confidential and securing all access data, API keys, or authentication tokens used in connection with external services.

(3) SMARTWALLET has no influence on the functionality, availability, and security of external third-party services or networks to which the user links their wallet or SMARTWALLET tools. SMARTWALLET accepts no responsibility for any actions, omissions, execution errors, or security issues arising in connection with such external services or the blockchain itself. In particular, external providers (such as blockchain node operators, third-party wallet providers, or exchanges) are independent third parties and not vicarious agents of SMARTWALLET.

(4) Any restrictions, changes, or failures on the part of external services or the connected blockchain networks may temporarily impair or render impossible the use of SMARTWALLET functions. Such events are beyond the control of SMARTWALLET. This does not give rise to any claims for damages, reduction, or reimbursement on the part of the user, unless the impairment is due to circumstances for which SMARTWALLET is responsible. SMARTWALLET will endeavor to inform the user if prolonged significant impairments become known (e.g., a particular blockchain is permanently unavailable) and, as far as possible, to suggest alternative solutions.

(5) The user expressly acknowledges that the use of the platform in connection with external interfaces or services is at their own risk. They are obliged to regularly check the integrity of the connections (e.g., whether their wallet is still correctly connected and the interfaces used are up to date and secure). In addition, the user must ensure that all technical requirements for using the respective function are met (see also § 8 (3)). If a requirement is no longer met (e.g., an external service changes its API or ceases operation), it is the user's responsibility to respond accordingly (e.g., to store new access data or select an alternative service).

§ 8 Availability of services and system requirements

(1) SMARTWALLET strives to offer the services provided with high technical availability and to minimize downtime. However, unless expressly agreed otherwise, a specific minimum availability is not guaranteed. SMARTWALLET may use maintenance windows for scheduled updates or security-related interventions, during which the platform will be temporarily unavailable. Where possible, scheduled maintenance work will be announced in advance and carried out during periods of low usage.

(2) When assessing availability, periods during which the services are unavailable for the following reasons are not taken into account:

• announced maintenance work or necessary security-related maintenance windows,
• further developments or system adjustments that serve to improve the services (also announced where possible),
• technical malfunctions beyond the control of SMARTWALLET (e.g., power outages, global network disruptions, third-party attacks on the infrastructure),
• failures or impairments on the part of external providers or systems that are necessary for the functioning of SMARTWALLET (e.g., problems in the blockchain network itself, failure of an external API service that the user has integrated).

During such periods, the user shall have no claims to availability, provided that SMARTWALLET is not responsible for the causes.

(3) The user is responsible for creating all technical requirements necessary for the use of SMARTWALLET within their own sphere of influence. In particular, the user must have the following equipment:

• A current Internet browser with JavaScript and cookie functions enabled (we recommend the latest versions of common browsers, e.g., Chrome, Firefox, Safari, or Edge),
• A stable Internet connection that offers sufficient bandwidth for data transmission,
• if necessary, a suitable device (PC, smartphone, or tablet) with the latest operating system and security updates,
• When using special wallet functions: compatible wallet software or hardware wallet, if applicable. If SMARTWALLET requires or supports certain wallet applications or plugins (e.g., a browser-based wallet connector or a mobile app), it is the user's responsibility to install and set them up correctly.
• sufficient storage capacity on the end device to store the necessary data (e.g., encrypted key files, cache), and
• a current email address to receive communications from SMARTWALLET.

SMARTWALLET is not obligated to provide advice regarding these requirements; in case of doubt, the user should seek expert advice to ensure that their system meets the above requirements. Consequences of insufficient technical equipment (e.g., display errors, limited functionality, or security risks) are the responsibility of the user.

§ 9 Termination, blocking, and termination of the contract

(1) The user may terminate the user agreement for SMARTWALLET at any time without giving reasons, provided that there is no fixed-term contractual relationship for which a fee is payable. Termination can be effected by using the corresponding function within the platform (e.g., account deletion) or by sending an informal notification in text form (e.g., email to support). In the event of termination by the user, SMARTWALLET will delete the relevant user account and the associated personal data of the user, unless it must be retained for legal reasons (e.g., commercial or tax law retention obligations). Users are advised to independently back up all important information or data stored in their account (e.g., configurations, address lists, reports) before termination, as SMARTWALLET will no longer grant access to this information after the end of the contract and the restoration of deleted accounts cannot be guaranteed.

(2) SMARTWALLET is also entitled to terminate the free usage agreement at any time with 14 days' notice. Termination can be effected by email to the address provided by the user or by a corresponding notification within the platform. If a paid contractual relationship (e.g., a possible future subscription) exists, SMARTWALLET's ordinary right of termination is governed by the agreed contractual terms (e.g., notice periods according to the tariff) or statutory provisions.

(3) The right of both parties to terminate the contract for good cause remains unaffected. SMARTWALLET is particularly entitled to terminate the contract without notice or to temporarily block the user account if there is good cause. Good cause shall be deemed to exist for SMARTWALLET in particular if the user significantly or repeatedly violates these GTC or applicable law, or if there are concrete indications that the user's behavior jeopardizes the security or integrity of the platform or third parties. In less serious cases, SMARTWALLET may, at its own discretion, first issue a warning or temporarily block the account instead of immediately terminating the contract without notice. Fees already paid for service periods that have not yet expired will only be refunded in the event of justified termination without notice by SMARTWALLET if this is required by law or if SMARTWALLET offers this as a gesture of goodwill – otherwise, the user's claims for reimbursement are excluded.

(4) Upon termination taking effect (for whatever reason), the affected user account will be deactivated. From this point on, the user will no longer have access to the platform and any data that may be stored therein. SMARTWALLET is entitled to completely delete the user's account and all personal data within 30 days of the end of the contract, provided that there are no legal retention periods that prevent this. Subsequent reactivation of the same account is not possible; the user would have to re-register for renewed use. Disclaimer: SMARTWALLET is not liable for any disadvantages incurred by the user as a result of lawful termination or blocking, in particular for the loss of data or configurations, insofar as the user had the opportunity to back these up in advance.

(5) Provisions of these GTC that, by their nature, remain relevant after the end of the contract (such as limitations of liability, indemnities, applicable law) shall remain valid even after the termination of the contract.

§ 10 Liability and responsibility

(1) SMARTWALLET shall be liable without limitation for damages caused intentionally or through gross negligence by SMARTWALLET, its legal representatives, or vicarious agents. SMARTWALLET shall also be liable without limitation for damages resulting from injury to life, limb, or health based on a breach of duty by SMARTWALLET or one of its representatives/vicarious agents.

(2) In the event of a simple negligent breach of essential contractual obligations (so-called cardinal obligations), SMARTWALLET shall only be liable to a limited extent, regardless of the legal basis. Essential contractual obligations are those obligations that enable the proper execution of the contract in the first place and on whose compliance the user may regularly rely (in particular the main services described in § 2 (2)). In these cases, SMARTWALLET's liability is limited to the amount of foreseeable damage typical for this type of contract. Any further liability for simple negligence is excluded.

(3) Unless already excluded under paragraph 2, SMARTWALLET shall not be liable for indirect or consequential damages, such as, in particular, lost profits, data loss (e.g., loss of locally stored wallet keys at the user's end), transaction losses (e.g., losses due to failed transactions or incorrect address details) or financial losses due to changes in the market value of crypto assets. This exclusion of liability does not apply in cases of intent or gross negligence on the part of SMARTWALLET.

(4) SMARTWALLET accepts no liability for damages or losses attributable to:

• technical malfunctions, execution errors, or failures in connection with external systems or services (such as disruptions in the blockchain network, unavailability of external wallet servers, or API services),
• errors in the integration or use of external interfaces caused by improper setup or operation by the user,
• loss or theft of crypto assets as a result of security breaches on the part of the user (e.g., compromised devices, phishing attacks on the user's wallet, insecure storage of private keys),
• the financial results of using the platform – SMARTWALLET does not guarantee that the use of the tools offered will lead to specific successes (e.g., profit increases, cost savings, etc.) and is not liable for any wrong decisions made by the user in handling their digital assets.

(5) The user is obliged to use SMARTWALLET only in accordance with all applicable laws and regulations as well as any third-party requirements (e.g., blockchain protocol rules, license terms of third-party software used). The user is solely liable for any legal violations or damages caused by the user in connection with the use of SMARTWALLET. The user indemnifies SMARTWALLET against all third-party claims asserted against SMARTWALLET due to the user's unlawful use of the platform. This also includes reasonable costs of legal defense. The prerequisite for the indemnification is that SMARTWALLET informs the user immediately of any claims asserted and, to the extent reasonable, gives the user the opportunity to defend against the claims.

(6) Any mandatory statutory liability provisions remain unaffected by the above limitations of liability. Furthermore, the limitations of liability do not apply in cases where SMARTWALLET has given express guarantees or in cases of fraudulent intent.

§ 11 Data protection and data security

(1) SMARTWALLET processes the user's personal data exclusively in accordance with the applicable data protection laws, in particular the EU General Data Protection Regulation (GDPR) and Georgian data protection law (where applicable). If SMARTWALLET offers services within the European Union or is aimed at EU users, the provisions of the GDPR shall be observed.

(2) Registration is required to use the platform (see § 3). In this context, SMARTWALLET only collects personal data that is necessary for the execution of the contract, the provision of services, communication with the user, and system security. This includes, in particular, the data requested during registration (see § 3 (2): name, email address, etc.). Depending on the use of certain functions, additional information may be required, e.g., wallet addresses or configuration data, if the user voluntarily stores this in their profile, as well as device-related technical information (such as IP address, browser type), which is technically transmitted for the use of the web application. SMARTWALLET avoids collecting sensitive personal data that is not required for the purpose of the contract.

(3) Data processing is generally carried out on the basis of Art. 6 (1) lit. b GDPR (necessity for the performance of the contract and the provision of platform services). Insofar as SMARTWALLET is subject to legal obligations (e.g., storage of tax-relevant data, money laundering checks, if applicable), Art. 6 (1) lit. c GDPR is the legal basis. For optional information or functions that are not absolutely necessary for the performance of the contract, SMARTWALLET may obtain the user's consent in accordance with Art. 6 (1) (a) GDPR. Once consent has been given, the user can revoke it at any time with effect for the future, without this affecting the lawfulness of the processing carried out until the revocation.

(4) SMARTWALLET does not generally disclose the user's personal data to third parties, unless one of the following cases applies:

• Necessity for contract performance: The disclosure is necessary for the provision of the agreed services (e.g., transmission of encrypted technical data to a server service provider in the context of hosting, use of an email delivery service for transaction emails). In such cases, SMARTWALLET contractually ensures that third-party providers use the data only for the specified purpose and in accordance with data protection requirements.
• Legal obligation: SMARTWALLET is legally obliged to disclose data (e.g., to law enforcement authorities in the event of a court order).
• Express consent of the user: The user has expressly consented to the disclosure to third parties or has initiated it themselves. This may be the case, for example, if the user uses third-party services in connection with SMARTWALLET and consents to the data transfer in this context.

(5) The user has the legal rights of data subjects with regard to the processing of their personal data. In particular, the user may request information at any time about what data SMARTWALLET has stored about them (Art. 15 GDPR, right of access). In addition, the user has the right to have inaccurate data corrected (Art. 16 GDPR), to have their data deleted or its processing restricted (Art. 17, 18 GDPR), provided that the requirements for this are met, and – in the case of data that the user has provided to SMARTWALLET – to data portability (Art. 20 GDPR). Details on the scope and exercise of these rights can be found in the privacy policy (see section 6).

(6) Further information on the handling of personal data, the technologies used (e.g., cookies), and the rights of users is contained in SMARTWALLET's privacy policy. The current version of this policy is available on the SMARTWALLET website. The privacy policy is not part of these Terms and Conditions, but supplements them in matters of data protection law. If you have any questions about data protection, you can contact the contact point specified in the privacy policy.

§ 12 Changes to these Terms and Conditions

(1) SMARTWALLET reserves the right to amend these General Terms and Conditions at any time if this is necessary for valid reasons. Valid reasons may arise in particular from technical developments of the platform, changes in the legal situation or case law, regulatory requirements, the expansion of the range of services (e.g., introduction of new functions or fee models) or other economic necessities. Amendments must not unreasonably disadvantage the user, i.e., core services of the contract will not be adversely affected (see § 6 (4)).

(2) SMARTWALLET will inform the user of planned changes to the GTC in good time before they come into effect. The information will be provided at least 14 calendar days before the planned date of change, either by email to the address provided by the user or by notification within the user account (e.g., pop-up or notice when logging in). In the change notification, SMARTWALLET will clearly explain the specific changes and explicitly inform the user of their right to object and the consequences of remaining silent.

(3) If the user does not object to the changes within the period specified in the notification (which will run at least until the planned effective date of the changes), the changes shall be deemed to have been accepted by the user. SMARTWALLET will specifically inform the user of this consequence in the change notification.

(4) If the user objects to the notified changes within the deadline, the previous terms and conditions will remain in force for the time being. In this case, however, SMARTWALLET may terminate the contractual relationship with the user with reasonable notice if the continuation of the contract under the old conditions is economically or technically unreasonable for SMARTWALLET. Alternatively, SMARTWALLET may also continue the contract without the proposed changes, provided this is technically possible. Any statutory right of termination or rescission to which the user is entitled (in particular if SMARTWALLET implements a change without complying with the procedure described in this § 12) remains unaffected.

(5) Changes affecting essential contractual content shall not come into effect solely through the procedure described above. Essential content includes, in particular, changes to the type or scope of the main services, the technical requirements for use, or the payment terms/fees. SMARTWALLET will only make such changes effective with the express consent of the user (e.g., by the user actively agreeing to the changed terms and conditions when continuing to use the service). If the user refuses to give their consent, the contract will remain in force under the previous terms and conditions; in this case, SMARTWALLET may terminate the contractual relationship under the conditions set out in paragraph 4.

§ 13 Regulatory notice

(1) SMARTWALLET does not provide financial portfolio management, investment advice or investment brokerage. All information is provided solely for the technical provision of automated trading and distribution functions.

(2) SMARTWALLET does not constitute or provide a crypto-asset service pursuant to Art. 3 (1) No. 17–26 MiCAR for users based in the European Union. The user is obliged to check the admissibility of the offer in their jurisdiction on their own responsibility.

(3) Any profits or positive performance are not guaranteed. Past performance is not a reliable indicator of future results. Users may suffer the complete loss of their invested capital.

§ 14 Final provisions

(1) The law of Georgia applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and international private law. However, if the user is a consumer with habitual residence in the European Union, mandatory consumer protection provisions of the EU member state in which the user has his habitual residence remain unaffected and take precedence if they conflict with the chosen Georgian law.

(2) If the user is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, or if the user does not have a general place of jurisdiction in Georgia, the exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship shall be the registered office of SMARTWALLET. The registered office of SMARTWALLET is located in Tbilisi, Georgia. Mandatory statutory jurisdiction provisions for consumers remain unaffected; in particular, SMARTWALLET may only sue consumers residing in the EU before the courts of that country of residence, and lawsuits brought by consumers against SMARTWALLET may be brought either before the courts in Tbilisi or before the courts of the EU member state in which the consumer resides.

(3) The contract language is English. If SMARTWALLET provides the user with these GTC or other contractual documents in another language, this is solely for the purpose of facilitating understanding. In the event of differences or doubts of interpretation between the foreign language version and the German version, the German version shall take precedence.

(4) Amendments or additions to this contract (including these GTC) as well as all subsidiary agreements must be made in writing (e.g., email) to be effective, unless a stricter form is required by law. This also applies to any amendment to this written form requirement itself.

(5) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a valid provision that comes closest to the economic meaning and purpose of the invalid clause shall be deemed to have been agreed retroactively. The same applies in the event of a contractual loophole—to fill the loophole, a provision shall apply that corresponds to what the parties would have agreed upon in accordance with the meaning and purpose of the contract if they had considered the point.

(6) Dispute resolution and consumer information: The European Commission provides a platform for online dispute resolution (ODR), which users can find at https://ec.europa.eu/consumers/odr. Consumers can use this platform to settle disputes. SMARTWALLET can be contacted at the email address info@SMARTWALLET.com. However, SMARTWALLET does not participate in any proceedings before a consumer arbitration board and is not obliged to do so. Before any legal disputes, the parties will endeavor to find an amicable solution.

As of: February 15th, 2025