Terms and Conditions

1.1. Prior to the first transaction, the User needs to open and fund its Pocket Account. Pocket Account is available for  natural persons who are at least 18 years old and comply with other criteria defined in our AML&On-boarding Policy. There are certain features which may or may not be available to customers depending on their location and other criteria.

1.2. Registration of Pocket Account. You must register for a Pocket Account to use the Lykke Services (a "Pocket Account” or “your account”). You will need to complete certain verification procedures before you are permitted to use the Lykke Services. By registering or using Pocket Account you agree and represent that you have created your Pocket Account and you will use your Pocket Account only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from Lykke. 
Each customer may register only one Pocket account. You are fully responsible for all activity that occurs under your Pocket Account. We may, in our sole discretion, refuse to open an Pocket Account, suspend or terminate a Pocket Account, suspend or terminate the sending of Digital Assets from your account, or suspend or terminate the trading of Digital Assets in your account.

1.3. Consent to Access, Processing and Storage of Your Personal Data &Identity Verification. During registration for your Pocket Account, or at any other time deemed necessary by Lykke, you agree to provide us with the information we request for the purposes of identity verification, providing Lykke Services to you, and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing Lykke Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorize your wireless carrier  to use or disclose  information about your account and your wireless device, if available, to Lykke or its service provider for as long as you have an Pocket Account, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy and Cookie Policy for more information on how we process your personal data and the rights you have in respect of this.

1.4. Access. The Lykke Services can be accessed directly using the Lykke Pocket App (hereinafter referred to as “App”). Access to Lykke Services may become degraded or unavailable during times of significant volatility or volume. This could result in significant support response time delays. Although we strive to provide you with excellent service, we do not represent that the Lykke Pocket App or other Lykke Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. Lykke shall not be liable for any losses resulting from or arising out of delays in processing transactions, inability to execute transactions, or lack of timely response from Lykke customer support. For example, if you are locked out of your Pocket Account, it is possible that the value or price of the Digital Assets in your account might go down before your access is restored. Lykke shall not be liable for any alleged losses that you suffer from a drop in Digital Asset values or prices.

2.1. Custodial Wallet Services. As part of your Pocket Account, Lykke will provide qualifying users hosted Digital Asset wallet(s), each of which is an account for holding Supported Digital Assets (“Digital Asset Wallet”). You may deposit and withdraw, sell, buy and exchange Supported Digital Assets to and from your Custodial Digital Asset Wallet.

2.2. Custodial Digital Asset Wallet. 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, which are used to process transactions. 

Lykke shall provide one or more individual on-chain addresses dedicated to User (“Digital Asset Wallet”), secured by Lykke, to store Supported Digital Assets on User's behalf. The Digital Assets held to the credit of the Customer’s Digital Asset Wallet are not treated as the assets of Lykke.

2.3. Supported Digital Assets. Your Digital Asset Wallet is intended solely for proper use of Supported Digital Assets. Under no circumstances should you attempt to use your Digital Asset Wallet to store, send, request, or receive any assets other than Supported Digital Assets. Lykke assumes no responsibility in connection with any attempt to use your Digital Asset Wallet with Digital Assets that we do not support. You acknowledge and agree that Lykke is not liable for any unsupported Digital Asset that is sent to a wallet associated with your Pocket Account. Lykke may in its sole discretion terminate support for any particular Digital Asset. If you do not sell or send such Digital Asset off platform before Lykke terminates its support for such Digital Asset, then Lykke may, in its discretion, remove such Digital Asset from your Digital Asset Wallet and credit your Digital Asset Wallet the equivalent market value of a Supported Digital Asset minus transaction costs. If you have any questions about our current list of Supported Digital Assets, please visit https://www.lykke.eu/#investment-options.

2.4. Digital Asset Custody and Title. All Supported Digital Assets held in your Digital Asset Wallet are custodial assets held by Lykke for your benefit, as described in further detail below.

2.4.1. Ownership. Title to Supported Digital Assets shall at all times remain with you and shall not transfer to Lykke. All interests in Digital Assets we hold for Digital Asset Wallets are held for customers, are not property of Lykke, and are not subject to claims of Lykke’s creditors. As owner of the Supported Digital Assets in your Digital Asset Wallet, you shall bear all risk of loss of such Supported Digital Assets. Lykke shall have no liability for Supported Digital Asset fluctuations or loss. None of the Supported Digital Assets in your Digital Asset Wallet are the property of, or shall or may be loaned to, Lykke; Lykke does not represent or treat assets in User’s Digital Assets as belonging to Lykke. Lykke may not grant a security interest in the Supported Digital Assets held in your Digital Asset Wallet. Except as required by law, or except as provided herein, Lykke will not sell, transfer, loan, hypothecate, or otherwise alienate Supported Digital Assets in your Digital Asset Wallet unless instructed according to the provisions of these Terms.

2.4.2. Control and withdrawal of digital assets. You control the Digital Assets held in your Digital Asset Wallet. At any time, subject to outages, downtime, protocol requirements, time to conduct blockchain operations to fulfill your request, and other applicable policies, you may withdraw your Supported Digital Assets from your Digital Asset Wallet and transfer them to your another digital assets wallet. As long as you continue to hold Supported Digital Assets with Lykke, Lykke shall retain control over electronic private keys associated with blockchain addresses operated by Lykke, including the blockchain addresses used to hold the Supported Digital Assets credited to your Digital Asset Wallet.

3.1. By using Pocket Account you agree to pay all applicable fees. Lykke reserves the right to adjust its pricing and fees and any applicable waivers at any time.

3.2. Unauthorized and Incorrect Transactions. When a transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible to the following email address support+pocket@lykke.com. It is important that you regularly check your Pocket Account and your transaction history to ensure you notify us as soon as possible of any unauthorized or incorrect transactions. Reporting an unauthorized transaction does not guarantee Lykke will be able to reverse the transaction or reimburse you for the transaction.

3.3. Account Information. You will be able to see your Pocket Account balances and transaction history using the Lykke Pocket App.

3.4. Reversals & Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending.

4.1. Through Lykke Pocket platform you may sell, buy and exchange Supported Digital Assets.

4.2. Lykke is always the counterparty of all trades of all customers on Lykke Pocket.

4.3. Lykke will determine in its absolute discretion the Digital Assets that are available for trading on Lykke Pocket.

4.4 Prior to the first transaction on Lykke Pocket you are required to fund your Pocket Account with Supported Digital Assets.

4.5. The User is fully aware that the access to the Lykke Pocket through the Lykke Pocket App and the use of Lykke's services from abroad might violate foreign laws applicable to the User. The User undertakes to inform himself and assumes sole liability for any risks relating to such foreign legislation. Any responsibility of Lykke regarding the possible infringement of foreign laws in connection with the User's use of Lykke's services or services from abroad is expressly and completely excluded.

4.6. Lykke Pocket is ordinarily open for trading 24/7, every day of the year, with the exception of maintenance work that, when possible, will be communicated to the Users in a timely manner.

4.7. Suspension of trading (Trading halts)

4.7.1. Lykke may at its own discretion at any time temporarily suspend the trading on Lykke Pocket. The time period of the trading halts will be determined by Lykke on a case by case basis and best efforts are used to make it as short as possible.

4.7.2. Lykke shall provide Users with information on trading halts via suitably accessible communication channels.

4.8. Market Disorder

4.8.1. Each User shall be deemed to acknowledge that, in accordance with applicable laws, Lykke as operator of Lykke Pocket may:

• exercise certain rights in respect of the non-performance or default of a User;
• in certain circumstances, cancel or amend a transaction, permit a "contra trade" in respect of a transaction, or suspend or halt trading in specific Digital Assets;
• intervene as a result of a special situation in accordance with the following Clause 4.9; and Users shall, in such circumstances, be bound by such measures.

4.9. Special situations shall be defined as exceptional situations and emergency situations. Lykke decides at its own discretion whether there is a special situation.

4.9.1. The following specific circumstances shall be deemed to be exceptional situations:

• major price volatility, especially where a trade differs significantly from the market price;
• decisions or information which are to be published imminently and which might have a significant influence on the price of a Digital Asset or its underlying (price-sensitive facts); or
• other situations that might compromise fair and orderly trading.

Should an extraordinary situation arise, Lykke may implement any market control measures which it deems necessary to maintain fair and orderly trading as far as possible (incl. withdrawing provided quotes or declaring executed transactions invalid).

4.9.2. The following specific circumstances shall be deemed to be emergency situations:

• failure of Lykke's system or its access infrastructure or parts thereof;
• failure of a User's access system;
• occurrence of a Force Majeure event; or
• other situations that might compromise fair and orderly trading.

In emergency situations Lykke may suspend these Terms and Conditions and replace them temporarily with new provisions instead. In particular, Lykke may temporarily interrupt trading in full or in part.

4.10. Neither Lykke nor a User (an "Affected Party") shall be liable for any failure or delay in performing any of its obligations under or pursuant to these Terms and Conditions to the extent that such failure or delay is due to a Force Majeure event, and it shall be entitled, if needed, to a reasonable extension of the time for performing such obligations as a result of such Force Majeure event.

4.11. Request for Quote 

4.11.1. When the User intends to trade a Digital Assets he/she shall chose which Digital Asset he/she is going to trade and in which quantity. The value of the requested quantity should be within Lykke defined limits, subject to relevant KYC requirements of the User. These might change at Lykke’s sole discretion from time to time. 

4.11.2. Lykke provides a quote response to that will remain valid for a certain period, usually twenty seconds (“Quote Validity Period”). Lykke reserves the right to change the Quote Validity Period that may be adapted to reflect current market conditions.

4.11.3. During the Quote Validity Period, the User may accept the Provided Quote by clicking the confirm button. If the User does not click the confirm button or the Quote Validity Period expires, the Provided Quote is considered not accepted.

4.11.1. When the Provided Quote is accepted a Trading transaction is recorded on the blockchain and performed.

5.1. Personal Data. You acknowledge that we may process personal data in relation to you that you have provided or in the future provide to us in connection with this Terms, or the Lykke Services. Accordingly, you represent and warrant that: (i) before providing any such personal data to us, you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (ii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.

5.2. Security Breach. If you suspect that your Pocket Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Lykke (collectively a "Security Breach"), you must notify Lykke Support immediately at support+pocket@lykke.com and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security Breach does not guarantee that Lykke will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.

5.3. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Lykke. Always log into your Pocket Account through the Lykke Pocket App to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

6.1. Limited License. All content included in or made available through the Lykke Services, Lykke Pocket App or any related content, materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”) is the property of Lykke or its affiliates or its content providers and protected by copyright laws. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Terms and Conditions, to access and use the Lykke Services and Lykke Pocket App solely for purposes approved by Lykke from time to time. Any other use of the Lykke Services or Lykke Pocket App is expressly prohibited and all other right, title, and interest in the Lykke Services, Lykke Pocket App or Content is exclusively the property of Lykke and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the content, in whole or in part without the prior written consent of Lykke.

6.2. Lykke Pocket App Accuracy. Although we intend to provide accurate and timely information through the Lykke Pocket App, they may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Lykke Pocket App are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for Digital Assets, is for informational purposes only and Lykke makes no representations or warranties to its accuracy. Links to third-party materials may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Lykke Pocket App.

6.3. Third-Party Applications. If, to the extent permitted by Lykke from time to time, you grant express permission to a third party to access or connect to your Pocket Account, either through the third party's product or service or through the Lykke Pocket App you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Terms. You are fully responsible for all acts or omissions of any third party with access to your Pocket Account. Further, you acknowledge and agree that you will not hold Lykke responsible for, and will indemnify Lykke from, any liability arising out of or related to any act or omission of any third party with access to your Pocket Account. 

6.4. Transaction Limits. The use of all Lykke Services may be subject to a limit on the amount of volume you may transact or transfer in a given period (e.g., daily). To view your limits, login to your Lykke Account and visit [•]. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. If you wish to raise your limits beyond the posted amounts, you may submit a request at support+pocket@lykke.com. Lykke reserves the right to change applicable limits, and to refuse to raise your limits, as we deem necessary in our sole discretion. 

6.5. Unclaimed Property. If Lykke is holding funds in your account, and has no record of you accessing the Services for several years and is unable to contact you, applicable law may require Lykke to deliver any such funds to the applicable jurisdiction as unclaimed property.

6.6. Password Security; Contact Information. You are responsible for creating a strong password and maintaining security and control of any and all electronic devices, IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access your Pocket Account. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Pocket Account by third-parties and the loss or theft of any Digital Assets and/or funds held in your Pocket Account and any associated accounts. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your Pocket Account. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Lykke. We further assume no responsibility for your failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Pocket Account(s) information has been compromised, contact Lykke Support immediately at support+pocket@lykke.com.

6.7. Taxes. It is your responsibility to determine what taxes, if any, arise from transactions using Lykke Services under these Terms. Users are solely responsible for reporting and paying any applicable taxes arising from transactions using Lykke Services, and acknowledge that Lykke does not provide investment, legal, or tax advice governing these transactions. You understand that Lykke shall report information with respect to your transactions, payments, transfers, or distributions made by or to you with respect to your activities using Lykke Services to a tax or governmental authority to the extent such reporting is required by applicable law. Lykke also shall withhold taxes applicable to your transactions or to payments or distributions made or deemed made to you to the extent such withholding is required by applicable law. From time to time, Lykke may ask you for tax documentation or certification of your taxpayer status as required by applicable law, and any failure by you to comply with this request in the time frame identified may result in withholding and/or remission of taxes to a tax authority as required by applicable law. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to Digital Asset transactions.

6.8. Suspension, Termination, and Cancellation. Lykke may suspend, restrict, or terminate your access to any or all of the Lykke Services, and/or deactivate or cancel your Pocket Account, with immediate effect for any reason at its sole discretion and is under no obligation to disclose the details of its decision to take such action with you. You acknowledge that Lykke’s decision to take certain actions, including limiting access to, suspending, or closing your account for any reason in our sole discretion, may be based on confidential criteria that are essential to Lykke’s risk management and security protocols. You agree that Lykke is under no obligation to disclose the details of its risk management and security procedures to you.

You may cancel your Pocket Account at any time by sending a request to support+pocket@lykke.com. You will not be charged for canceling your Pocket Account, although you will be required to pay any outstanding amounts owed to Lykke. You authorize us to cancel or suspend any pending transactions at the time of cancellation.

Lykke may discontinue or change any product, service, or feature, in its sole discretion, at any time. You agree that we may transfer you to a product or service that is reasonably similar to the discontinued or changed product or service, to the extent such product or service exists. We will provide you with prior notice of material changes, discontinuation, or the transfer related to a product, service, or feature, to the extent required or applicable.

6.9. Export Controls and Sanctions. Your use of the Lykke Services and the Site is subject to applicable law including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. By sending, receiving, trading, or storing Digital Assets through the Lykke Pocket App, you agree that you will comply with all applicable laws. You are not permitted to acquire Digital Assets or use any of the Lykke Services through the Lykke Pocket App if doing so would violate applicable laws and regulations, including but not limited to those of the EU, EEA, Switzerland, United Nations Security Council, the United States restricted or prohibited parties lists, and those prohibiting dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable federal, state, municipal or local laws and regulations (each as amended from time to time).

6.10. The Lykke Users Support support+pocket@lykke.com is available on a 24x7 basis to assist Users with all issues pertaining to Lykke's services.

7.1. This Terms and Conditions shall exclusively be governed by and construed in accordance with the substantive laws of Lithuanis, excluding the conflicts of law norms thereof.

7.2. If you have a complaint with Lykke, you agree to first contact Lykke through our support team to attempt to resolve any such dispute amicably.

7.3. In the event that the Parties are unable to resolve a dispute the Parties hereby irrevocably submit such dispute to the exclusive jurisdiction of the courts of Vilnius, Lithuania.

8.1. Release of Lykke; Indemnification. If you have a dispute with one or more users of the Lykke Services, you release Lykke, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Lykke, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Terms and Conditions or your violation of any law, rule or regulation, or the rights of any third party.

8.2. Limitation of Liability; No Warranty. IN NO EVENT SHALL LYKKE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (I) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL ASSETS ASSOCIATED WITH YOUR DIGITAL ASSET WALLET AT THE TIME OF THE EVENT OR CIRCUMSTANCE GIVING RISE TO YOUR CLAIM OR (II) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE LYKKE POCKET APP OR THE LYKKE SERVICES, OR THIS TERMS, EVEN IF LYKKE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF LYKKE’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT LYKKE FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE LESSER OF THE VALUE OF THE SUPPORTED DIGITAL ASSETS AT ISSUE IN THE TRANSACTION OR THE TOTAL VALUE OF THE SUPPORTED DIGITAL ASSETS ASSOCIATED WITH YOUR DIGITAL ASSET WALLET, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ​OR ANY DAMAGES ARISING OUT OF OR RELATING TO DIGITAL ASSETS THAT ARE NOT SUPPORTED DIGITAL ASSETS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE LYKKE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LYKKE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. LYKKE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE LYKKE POCKET APP, ANY PART OF THE LYKKE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. LYKKE DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE LYKKE SERVICES AND LYKKE SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT LYKKE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (I) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA, OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR APP, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE LYKKE SERVICES OR ANY APP OR SERVICE LINKED TO LYKKE POCKET APP; (III) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR APP, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE LYKKE SERVICES; OR (IV) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR LYKKE ACCOUNT.

9.1. This Terms and Conditions, the Privacy Policy and AML&On-boarding Policy comprise the entire understanding and agreement between you and Lykke as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), between you and Lykke. Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.

9.2. Assignment. We reserve the right to assign our rights without restriction, including without limitation to any Lykke affiliates or subsidiaries, or to any successor in interest of any business associated with the Lykke Services. In the event that Lykke is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under these Terms. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

9.3. Severability. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

9.4. Survival. All provisions of this Terms which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, Pocket Account cancellation, debts owed to Lykke, general use of the Lykke Pocket App, disputes with Lykke, and general provisions, shall survive the termination or expiration of these Terms.

9.5. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

9.6. Non-Waiver of Rights. These Terms shall not be construed to waive rights that cannot be waived under applicable laws, including applicable  state money transmission laws in the state where you are located. In addition, our failure to insist upon or enforce strict performance by you of any provision of these Terms or to exercise any right under these Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.