TERMINAL USE AGREEMENT

These terms apply between *ETS Terminal Trading Cyprus Ltd, with business address, Centaur House 2 Apostolos Varnavas 2571 Nisou, Cyprus (The “Terminal Operator”), and you as a User (the “User”) for the use of the Terminal Platform of the Operator (as defined below). By accepting these terms, you warrant that you are authorized to enter into this agreement on behalf of the User. User acknowledges that the Terminal Platform, including all listings and materials, are strictly professional and that they are only intended for use of, and shall only be used by, professional User's and individuals acting in a professional capacity which have reached the age of eighteen (18) and that the Terminal Platform is not intended for use of private consumers, for any private use or marketing. Any embargoed persons or persons from embargoed countries are excluded from using the Terminal Platform. Please note that by acting on behalf of the User (e.g. as an employee or a subcontractor of the User) parts of the Agreement apply to you as an individual accessing the Terminal platform of the operator.

These obligations include:

  • Abiding by the principle of user data secrecy. This means that your user data is confidential and shall not be disclosed except where permitted by The Terminal Operator. It also means that your login credentials shall be kept confidential.

  • You may be prompted to verify your identity before making any changes within the Terminal Platform, in addition to state authority to digital sign any contracts supporting business and or payments conducted on the portal.

1. Background

The Terminal Platform is a portal that includes a number of standard features as well as additional services which the User can sign up for. The Terminal services are provided by the Terminal Operators respectively, granting access for users to the Digital Exchanges provided by Optimum Atlas. This Terminal Use Agreement (“Agreement”) sets out the terms and conditions governing the use of the Terminal Platform. The User and Optimum Atlas will enter into a separate agreement regarding the use of the services of Optimum Atlas (Optimum Atlas Portal Agreement”) to conclude a registration of a new user. To the extent relevant, the terms in The Optimum Atlas Portal Agreement applies to this Agreement as well

2. TERMINAL PLATFORM FUNCTIONALITY AND PURPOSE

Frequently, the User will be the first point of contact for the ongoing business. In order to provide a user-friendly trading experience, the User shall be able to administer certain order-related aspects directly, as permitted below and for the purpose of managing sell orders, buy orders and inquiries relating to purchase and or sell orders and the payment thereof. Further, the Terminal Platform offers Users the opportunity to sign up for other Optimum Atlas Portal Services.

Features include, but is not limited to, being able to or offered:

  • Assigned a unique MEX ID number digitally identifying the user on the markets

  • Low-cost Self-maintained Currency Iban’s (Q3 2019)

  • View trade history, pending orders, offers made, offers received, closed trades, payment balance, and payment history, currency rates, account management, multiple user ability, multiple user account management, contract flow

  • Track and Trace shipments (Q3 2019)

  • Message service traceable to unique LOT ID and MEX ID

  • Easy listing services for both single listings and bulk listings

  • VAT clearance (when applicable)

  • Digital signing of trade and business contracts (Q3 2019)

  • Multiple shipping and insurance options

  • Trade Desk and Support

*All of the above is offered from the Terminal Operators respectively but some of the above services may not be available on the Terminal you registered with due to domestic laws and rules and or accessibility to certain markets.

3. USING THE TERMINAL PLATFORM

3.1 USER ACCESS

The User can access the Terminal Platform and services by using the credentials created when registering. The credentials are for the User and or the appointed individuals use only and may not be provided to any third party, including separate legal entities within the User’s own legal group, except as permitted herein. The User is obliged to keep the credentials confidential. Any breach against this clause will be seen as misuse. Access to the Terminal Platform as well as all actions performed will be logged and monitored by The Terminal Platform for security reasons and for User relationship purposes. The Registered User agrees that the Terminal Operator may use the information provided during the registrations process, contact the User, using the contact information provided by the User during the registration. Costs incurring to the User in connection with the contacting, as for instance roaming costs, shall be borne by the Users. In case of a breach of this Agreement, the Terminal Operator reserves the right to, in addition to the remedies stated in The Terminal Use Agreement, restrict or revoke access to the Terminal Platform and The Optimum Atlas Portal Services.

3.2 USER OBLIGATIONS

The User is obligated to verify their identity before making any changes within the Terminal Platform. If the User uploads, changes or shares content with the Terminal Operator via the Terminal Platform the User grants The Terminal Platform Services a royalty-free, exclusive, irrevocable and worldwide right to use and display the content for the purpose of delivering services and fulfilling its obligations under the Optimum Atlas Portal Agreement and the Terminal Use Agreement. The Terminal Operator reserves the right to remove any content uploaded or shared by the User from the Terminal if required to do so according to applicable legislation, or if the Terminal Operator considers, in its sole discretion, or have been drawn attention to, any such content to be offensive, inappropriate, unlawful, violating the rights of others, or otherwise objectionable. The User is fully liable for any content uploaded or shared within the Terminal Platform.

3.2.1 LISTING ON THE TERMINAL PLATFORM

When listing on the Terminal Platform you declare you are the owner of the asset, and in possession of it, and have the capability to deliver the described asset of the listing with the proper permission to list this asset for sale as it is described there. Furthermore, you acknowledge that you might get a bid lower than your listing price and that you have the right to reject or accept any offers presented to you. If you are not the owner of the listed asset you have to produce a proper mandate in writing from the owner to be able to list on the Terminal Platform.

3.2.2 CODE OF CONDUCT

For assets identified with a LOT ID (items and/or services listed on the Terminal Platform) that the User has first identified on the Terminal Platform, Terminal, “My Trade Desk”, any Terminal Operator sub-domains, Optimum Atlas as being listed, display or in any way communicated by staff, verbally or electronically, the User is prohibited from, without prior written consent of the Terminal Operator contacting or attempting to contact the relevant Buyer/Seller directly or indirectly , or otherwise from attempting a purchase of the listed assets other than via the Terminal Platform, “My Trade Desk”, Terminal Operator and or Optimum Atlas. Should such attempt outside of the Terminal Platform, “My Trade Desk”, Terminal Operator and or Optimum Atlas occur, the User may & can be held liable for any damages occurred to the Terminal Operator. On a case-by-case basis, the Terminal Operator may facilitate, against additional fees, a personal inspection of the Asset by a third party or an authorized representative at the Owner's premises. In case of such permissible contact with the Owner, the User is likewise explicitly prohibited from a direct purchase outside of the Terminal Platform, “My Trade Desk”, Terminal Operator and or Optimum Atlas and can be held liable for any damages occurred to the Terminal Operator.

3.3 RESTRICTIONS

The User is prohibited from using or trying to use the Terminal Platform in a way that is outside the scope and intentions of this Agreement and The Terminal Platform Agreement. In particular, the User may not export any data from the Terminal Platform nor use the data accessible via the Terminal Platform and or The Terminal Platform for any other purpose than to administer the relationship as foreseen by this Agreement and The Terminal Platform Agreement.

4. MISCELLANEOUS

The Terminal Operator is entitled to solely change any conditions of this Agreement, provided that the Terminal Operator notifies the User of the changes. All listings, offers, bids, information, pricing, data is provided on the Terminal Platform “As Is” and “Where Is”. Any data or information received or retrieved from the Terminal is not to be taken as a suggestion to act upon and is intended for information purposes only. The Terminal Operator makes no representations, warranties or guarantees, whether express, implied or statutory, with respect to your use of the Terminal Platform. It is the User’s sole responsibility to assess, investigate and confirm any offers, bids, data, pricing or any other data presented as valid and correct. To the extent permitted by applicable law, the Terminal Operator disclaims any and all statutory warranties, including without limitation, any implied warranties of title, merchantability, satisfactory quality, use for a particular purpose, and non-infringement. The Terminal Operator does not guarantee the continuous, uninterrupted, error-free or secure use of any part of The Terminal Platform. Use of The Terminal Platform may be interrupted due to events outside the Terminal Operator’s reasonable control. The Terminal Operator does not approve or control any third party website or application and is not responsible or in any way liable for their content. If you use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to you. Optimum Atlas Portal Services retains all ownership and intellectual property rights to anything developed by Optimum Atlas and provided to or accessed by the User under this Agreement. Notwithstanding any limitation of liability stated in the Terminal Use Agreement, the User shall fully indemnify and hold the terminal Operator and Optimum Atlas harmless from and against any loss, damage, claim and costs etc. arising from or relating to any breach of the User obligations pursuant to this Agreement. Should a provision of this Agreement become invalid or unenforceable, this will not affect the other provisions and the validity of this Agreement. Instead of the invalid or unenforceable provision, the Parties shall decide on a wording that comes as close as possible to the commercial meaning and purpose of such provision. This Agreement enters into force on the date it is accepted by the User (Registration Date) and shall apply until further notice. This Agreement shall be governed by the laws of Cyprus. Any disputes shall be governed according to the Terminal Use Agreement.

4.1 NOTICES

Any notices under these Terminal Use Agreement shall be sent by written electronic communication and by Registered User's choice of telefax, registered mail or overnight courier against signature. Your continued use of our services will be taken as your acceptance of the current version and of any future changes. Please get in contact with us should you need further information.

Centaur House

ETS Terminal Trading Cyprus Ltd

2 Apostolos Varnavas

2571 Nisou, Nicosia

Cyprus

E-mail contact@etsterminal.com

Phone +357 22 499994

Telefax +357 22 499984

4.2 PREVAILING LANGUAGE

The English language version of these Terminal Use Agreement is the original version. Should the Terminal Use Agreement be used in other languages, the English version of the Terminal Use Agreement shall prevail in case of any inconsistencies.

4.3 CURRENT VERSION

These Terminal Use Agreement will until further notice rule the use of any current version of the Terminal Platform and the Digital Exchanges provided by Optimum Atlas Portal Services and any further and/or later released versions. Optimum Atlas Portal Services may without prior notice release updated versions of Optimum Atlas Portal Services, Terminal Platforms and the Digital Exchange of current release and adjust these Terminal Use Agreement accordingly.