TERMS OF SERVICE
March 8, 2023
Borgartún 30, 104 Reykjavík, Iceland
Seeblick 1, 6330 Cham, Switzerland
ACCEPTANCE OF THE TERMS OF SERVICE
These Terms of Service (“Terms”) apply to any access to, or use of, any services made available by MyntExchange (“MyntExchange” “we,” “us,” or “our”) using the website http://myntexchange.io/ , https://exchange.myntxe.com/(the “Site”) or our mobile applications and to any other related services provided by MyntExchange (collectively, the “Services”).
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the
dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the change is posted by us. If we make changes, we will let you know by revising the date at
the top of the Terms. Your continued use of the Sites after such posting shall be deemed to constitute acceptance by you of the changes.
1.1. General Requirements
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended
or removed from using our Services; (c) are not identified on any of the Office of Foreign Assets Control sanctions lists; and (d) have full power and authority to agree to these Terms.
1.2. Restricted Locations
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that
you are not a citizen or resident of any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where MyntExchange has determined, at its discretion, to prohibit use of the Services. Mynt Exchange may implement controls to restrict access to the Services. You will comply with this Section even if MyntExchange’s methods to prevent use of the Services are not effective or can be bypassed.
2. DESCRIPTION OF SERVICES
The MyntExchange is a financial technology platform that provides innovative capital solutions for private unlisted companies and retail investors.
The MyntExchange offers a secondary market for trading tokenized equity in private companies. Users do not acquire rights other than the ability to hold the security token on the Mynt Exchange platform. You agree that MyntExchange will not be held responsible for any losses arising from using the Site or Services. As part of your MyntExchange Account, MyntExchange will provide users with a Digital Asset wallet for holding supported digital assets and a MyntPay utility token ("MyntWallet") a digital asset wallet, which is an account for holding the MyntPay Token to use as a trading pair with each of the Companies’ tokens listed on the MyntExchange. These wallets will be supported by Fireblocks on the back end.
Your Digital Asset Wallet allows you to store, track, transfer, and manage your balances of Supported Digital Assets. We securely store Digital Asset private keys, used to process transactions, in a combination of online and offline storage.
As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage to facilitate Digital Asset Transfers per your instructions, and you acknowledge that this may delay the initiation or
crediting of such Digital Asset Transfers. MyntExchange assumes no responsibility in any attempt to use your Digital
Asset Wallet with Digital Assets that we do not support. You acknowledge and agree that MyntExchange is not liable for any unsupported Digital Asset sent to a wallet associated with your MyntExchange Account. MyntExchange may, in its
sole discretion, terminate support for any particular Digital Asset. If you do not sell or send such Digital Asset off the platform before MyntExchange terminates its support for such Digital Asset, then MyntExchange may, at its discretion, remove such Digital Asset from your Digital Asset Wallet and credit your Digital Asset Wallet or USD Wallet the equivalent market value of a Supported Digital Asset or fiat currency minus transaction costs.
We have certain duties to know our clients, keep records of the transactions, employ an Anti-Money Laundering (“AML”) Compliance Program, and have a dedicated Compliance Officer to monitor the transactions. We perform audits and tests of the veracity of our program and have a zero-tolerance policy regarding compliance. If you violate any portion of our compliance requirements, we reserve the right, at any time and for any reason, without explanation, to terminate your ability to use our services.
We collect and record certain information from our customers. Depending on the size of the transaction and the nature of our relationship, we may collect the following:
• Your First and Last Name
• SMS Phone Verification
• Email Address
• A copy of your Driver's License or government-Issued identification
• If required, your Social Security Number or Taxpayer Identification Number
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, taking steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third-party databases or through other sources. Before using the Services, you must provide all information we request. You acknowledge that we will analyze and validate your identity to determine whether you qualify to perform a transaction (“Verification Process”). Your use of the Services may be delayed during the Verification Process, and we disclaim responsibility for any loss, delay, or other harm relating to the delay or denial. If you do not pass the Verification Process or
if you fail to provide any of the information required to perform a transaction, you may be denied access to the Services. If you believe your access to the Services has been wrongly denied, please contact us.
4. RISK DISCLOSURES; ASSUMPTION OF RISKS, RELEASE OF MYNTEXCHANGE
When using our Services, you choose to voluntarily engage in a sophisticated and risky financial transaction. You acknowledge that you are aware of the many risks associated with using our Services, including but not limited to risks of financial loss, legal risk, or theft. You hereby irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against MyntExchange and its affiliates.
MyntExchange disclaims any and all liability for the use of our Services. You represent and warrant that you have the knowledge, experience, understanding, professional advice, and information to evaluate the merits and risks.
You agree that you have had whatever opportunity you deem necessary to investigate the MyntExchange Services, laws, rules, or regulations that may be applicable and that you are not relying upon any statement of law or fact made by MyntExchange relating to the legality of selling cryptocurrency. The foregoing disclaimers apply to the maximum extent permitted by law.