General Terms and Conditions of Use

a. Any wording starting with a capital letter, and not immediately defined in brackets, is defined in the « Definitions » section herebelow.

b. By registering on the Website and proceeding to use the Services, the User fully and knowingly accepts the present Terms of Use and commits to comply with them in their applicable version as they may be modified over time.

c. These Terms of Use, along with the Vault Terms and any other documents referenced herein, form a legally binding agreement between the User and Destral. This agreement outlines the terms under which the User may access and use the Services provided by Destral through the Platform. By creating an Account (registering) on Destral the User confirms that it has reviewed, understood and agreed to adhere to these Terms of Use, including any additional documents referenced herein. It is imperative that the User reads and agrees to these Terms of Use in their entirety. Should the User not fully understand or agree with these Terms of Use, it is strongly advised to seek appropriate and independent legal advice or not to use the Platform.

d. The market of Virtual Currencies can be highly volatile and might significantly fluctuate from time to time. By engaging in any Transaction on the Platform the User must understand that it might bear a substantial risk of financial loss, including and up to total loss. The User shall carefully consider whether interacting with the Platform and using the Services aligns with its financial situation. It is the User’s responsibility to monitor all risks associated with the Services and the Platform. If the User decides to use the Platform and the Services in any way, the User accepts those risks and, to the maximum extent permitted by Applicable Law, Destral bears no responsibility or liability for them.

e. Destral does not serve as the User’s broker, intermediary, agent, trustee or advisor. Destral does not have any fiduciary responsibilities toward the User for any Transactions or activities conducted via the Platform and when using the Services. Destral offers no investment or consulting advice. Any information that is or might be provided from time to time on the Website is not to be taken as financial advice or a recommendation to engage in any specific Transaction. The User bears full responsibility for its decisions, including the evaluation of whether a Transaction suits its financial objectives, situation and risk tolerance. Before engaging in any Transaction the User is advised to perform its own research and consult with an appropriately qualified expert. Destral holds no responsibility for any decisions the User makes when using the Platform and the Services, including any financial losses incurred from such decisions, which might include total loss.

f. Clause headings and numbering are for convenience only and do not affect the meaning, priority or interpretation of any clause, sub-clause or paragraph of these Terms of Use.

g. Words in a singular form include the plural and vice versa. Words importing a gender include any gender; any gender may also be addressed as “it”, “its”.

h. In the event of inconsistency between these Terms of Use and the Vault Terms, the Vault Terms prevail as regards Vaults. In the event of inconsistency between these Terms of Use (including any documents referenced herein) and any other document or form of communication with the User, these Terms of Use apply except if expressly excluded in all or in part.

For the purposes of the present Terms of Use the following capitalized terms in a singular or plural form that are not otherwise defined in this document shall have the meaning given below.

1.1. Account means the User’s profile on the Platform, created upon registration and successful KYC, through which the User accesses the Services and which is linked to one or more Smart Accounts. The Account is not a custody account.

1.2. Account History means the record, displayed on the Platform, of the User’s Instructions and Transactions.

1.3. Applicable Law means all applicable laws, regulations, judgements, rulings and directives, whether of a legislative or governmental body, regulatory or other authority, that are applicable to the provision and use of the Services and to these Terms of Use.

1.4. Claim means any dispute, complaint, claim or controversy between the User and Destral arising out of or in connection with these Terms of Use, the User’s relationship with Destral before acceptance or after termination of the Terms of Use, and any non-contractual obligations arising out of or relating to the Terms of Use.

1.5. Destral means Quarion LLC acting under the brand “Destral”.

1.6. Force Majeure Events means any fire, strike, riot, civil unrest, terrorist act, war, any natural disaster such as floods, tornadoes, earthquakes or hurricanes, any epidemic, pandemic or public health emergency of national or international concern, any act or regulation made by a government, national or supranational body or authority, suspension, closure or nationalisation of Destral, technical failures in Destral facilities including (but not limited to) power and (or) equipment failures, the failure, congestion, fork or halt of a blockchain network, and any other event that significantly disrupts the market for Virtual Currencies, which could include excessive movements in the price, supply or demand of a Virtual Currency, whether regulated or unregulated.

1.7. Instruction means any instruction, request or order given by the User in relation to the Account, the Smart Account, the provision of the Services and (or) the execution of any Transaction, whether submitted through the Platform or signed with the Means of Control.

1.8. IP means any and all intellectual property rights created, regularly used and/or owned by or licensed to Destral that may be provided by Destral to the User in the course of provision of the Services, including (but not limited to) copyrights, patents, compiled or source code software, database rights, rights to trademarks, designs, know-how and confidential information (whether registered or unregistered), and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

1.9. KYC means Know Your Customer (KYC), Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) compliance rules and procedures established by Destral in accordance with the Applicable Law.

1.10. List of Prohibited Countries means the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Iran, Libya, Somalia, South Sudan, Sudan, Yemen, the United States of America, Canada (Province of Ontario), and any other country, territory or region that is the target of comprehensive sanctions imposed by OFAC, the United Nations or the European Union, as updated from time to time, provided that Destral may at any time and for any reason add or remove any other country, territory or jurisdiction to this list, without forewarning.

1.11. Login Data means the details, credentials or methods (such as email, an external sign-in account or a connected wallet) that the User uses to access the Account.

1.12. Means of Control means the private keys, passkeys, recovery credentials and any other authentication factor by which the User controls a Smart Account.

1.13. Network Fees means the fees charged by a blockchain network for the processing of a Transaction.

1.14. Notification means any form of communication used by Destral intended to inform the User about various aspects of the use of the Platform and the Services, including information about changes to the Terms of Use, updates of the Services, security alerts, the Account activities and any other communication deemed necessary by Destral for the effective provision and use of the Services. Notifications are delivered by email to the address provided during registration, through the Platform, or by publication on the Website.

1.15. Platform means the digital platform that Destral makes accessible to the User via the Website.

1.16. Privacy Policy means the document published on the Website that describes how Destral collects, processes and stores personal data of the User.

1.17. Security Breach means situations when the Account, the Login Data or the Means of Control have been accessed without authorisation, used, lost and (or) compromised, or when any other security incident has happened including (but not limited to) a cyber-security attack affecting the User and (or) Destral.

1.18. Service Fees means remuneration of Destral for provision of the Services to the User, where applicable, which is clearly outlined to the User within the Platform.

1.19. Services means the services made available to the User on the Platform, which may include:

a) a self-custodial Smart Account controlled by the User with its own Means of Control;

b) a multi-chain wallet, with sponsorship of Network Fees by Destral where indicated on the Platform;

c) an integrated Swap between Supported Tokens;

d) access to Vaults, under the applicable Vault Terms;

e) staking of the Stral token and a referral programme; and

f) tools to view and manage the foregoing, including dashboards and reporting.

Destral provides technology and infrastructure. Destral does not provide personalized investment advice, discretionary portfolio management on a client-by-client basis, or fiduciary services. Any decision to hold, swap, stake or allocate assets is made by the User. The Services do not constitute a recommendation, solicitation, or offer to buy, sell, or hold any digital asset or to engage in any specific investment strategy. Users remain solely responsible for assessing the suitability of the Services for their individual circumstances and for complying with all applicable laws and regulations.

1.20. Smart Account means a smart contract account deployed for the User on a Supported Chain, controlled by the User through its Means of Control.

1.21. Supported Chains and Supported Tokens mean the blockchain networks and the Virtual Currencies that are supported by the Platform, the list of which is published on the Platform and may change from time to time.

1.22. Swap means the exchange of one Supported Token for another Supported Token carried out from a Smart Account through the Platform.

1.23. Terms of Use means these General Terms and Conditions of Use, as amended from time to time. The Vault Terms, the AML Policy, the Privacy Policy and the other documents expressly referenced herein form part of the agreement between the User and Destral.

1.24. Transaction means any deposit, withdrawal, transfer, Swap, staking operation, allocation to or redemption from a Vault, or other operation involving Virtual Currencies carried out through the Platform or from a Smart Account.

1.25. User means a natural or legal person that uses the Website, creates an Account on the Platform and (or) uses the Services.

1.26. Vault means a product made available through the Platform that gives access to one or more strategies operated by Destral, as described in the Vault Terms.

1.27. Vault Terms means the terms governing Vaults, published in the Legal Hub of the Website.

1.28. Virtual Currency means a digital representation of a value or of a right that may be transferred and stored electronically using distributed ledger technology or similar technology, and that is supported and available on the Platform.

1.29. Website means the Internet website at https://www.destral.xyz/.

2.1. Destral provides the Services to the User through the Platform, accessible on the Website and subject to KYC.

2.2. Destral may add, modify, suspend or discontinue any Service or feature from time to time. Any service, feature or asset presented on the Website or on the Platform as forthcoming or upcoming is described for information purposes only. It constitutes neither a commitment nor a contractual obligation, and Destral may modify, postpone or abandon it at any time without incurring any liability.

2.3. The Service Fees applicable to each Service, if any, their nature, rate and calculation basis are published on the Platform and may be amended in accordance with Clause 17. Where a Service Fee is payable on an operation carried out from the Smart Account, it is displayed before the User signs the corresponding Instruction. Service Fees relating to Vaults are collected as set out in the Vault Terms.

2.4. Network Fees are charged by blockchain networks and not by Destral. Destral sponsors Network Fees for certain operations as set out in Clause 4.7.

2.5. Nothing in these Terms of Use, on the Platform or in any communication from Destral constitutes a guarantee of return, of capital preservation, of liquidity or of the availability of any redemption window. Past performance is not indicative of future results.

3.1. In order to open and keep the Account and use the Services the User must meet all requirements below. By accepting the Terms of Use the User expressly represents and warrants that the User:

3.1.1. is of legal age under the Applicable Law, including in the User’s country of citizenship and of residency (for an individual);

3.1.2. accepts all the Terms of Use;

3.1.3. is in full compliance with the Applicable Law of its jurisdiction;

3.1.4. is not a citizen or a resident of any country, territory or jurisdiction in the List of Prohibited Countries;

3.1.5. has the full power, authority and capacity to access the Platform and use the Services, to enter into and to comply with the obligations under these Terms of Use;

3.1.6. does not currently have an existing Account;

3.1.7. has successfully passed the initial KYC and will maintain the Account in good standing by responding in a timely manner to any further KYC request.

3.2. Identity verification is required to open an Account. No Account is opened, and no Smart Account is made available to the User, before KYC has been completed and approved by Destral. All Accounts are opened at the absolute discretion of Destral, and Destral reserves the right to refuse any application for opening an Account without giving reasons.

3.3. The Services are intended for Users located outside Georgia.

3.4. Where the User is a legal entity, it must provide the documents and information required by Destral on the entity, its beneficial owners and the persons authorised to act on its behalf.

3.5. The User acknowledges that Destral has adopted and enforces an Anti-Money Laundering and Counter-Terrorism Financing Policy (“AML Policy”) in accordance with Applicable Law and international standards. This policy includes due diligence procedures, ongoing monitoring of Transactions and blockchain addresses, and reporting obligations. The AML Policy is published on the Website at the following address: https://www.destral.xyz/legal-hub/aml-policy and forms an integral part of these Terms of Use. The User agrees to comply with all provisions of the AML Policy and understands that failure to do so may result in suspension or termination of access to the Services, in addition to potential legal reporting.

4.1. Upon completion of KYC, a Smart Account is made available to the User on the Supported Chains. The Smart Account is a smart contract account deployed for the User by a factory contract. Its address is determined in advance and may be the same on several Supported Chains.

4.2. The Smart Account is non-custodial. The User alone holds the Means of Control over it, and Destral cannot move assets out of the Smart Account without the User’s signature. Destral does not hold, cannot reconstruct and cannot restore the Means of Control on behalf of the User. Assets that the User allocates to a Vault leave the Smart Account and are subject to Clause 6.

4.3. The loss, destruction, theft or disclosure of any Means of Control may result in the irreversible and total loss of the assets concerned, without any recourse against Destral.

4.4. A Smart Account may be controlled by a passkey, by an external wallet, or by both, and may have several owners. The User may set up a recovery key, which is an optional and explicit step. The recovery key is generated in the User’s own browser and shown to the User once, and Destral never holds it. The User is responsible for storing it securely.

4.5. The User may withdraw the assets held in the Smart Account at any time to an external address. For security reasons, funds can only leave the Smart Account towards an address that the User has registered beforehand through a signed operation. Destral may apply a waiting period before a newly registered address can be used.

4.6. Destral submits the Instructions signed by the User to the blockchain network through a relayer. Destral may refuse, delay or suspend the relaying or the sponsorship of an Instruction where required by the Applicable Law, the AML Policy, the security of the Platform or these Terms of Use. Such a decision does not give Destral any control over the assets held in the Smart Account.

4.7. Destral may sponsor the Network Fees of certain operations carried out from the Smart Account. Sponsorship is a feature of the Platform and not an entitlement: Destral may limit, condition, suspend or discontinue it at any time, in particular to prevent abuse. If sponsorship is limited, suspended or discontinued, the User remains able to operate the Smart Account and to withdraw the assets it holds by paying the Network Fees itself in the native token of the relevant Supported Chain.

4.8. Assets sent to the address of a Smart Account on a blockchain network that is not a Supported Chain, or assets that are not Supported Tokens, may be unrecoverable. Transactions recorded on a blockchain network are irreversible and cannot be cancelled, reversed or amended by Destral.

5.1. The Smart Account allows the User to hold, receive and send Supported Tokens on the Supported Chains.

5.2. The list of Supported Chains and Supported Tokens is published on the Platform. Destral may add or remove Supported Chains and Supported Tokens. Where Destral removes a Supported Chain or a Supported Token, it will send a Notification giving the User a reasonable period to withdraw the assets concerned. The assets remain in the Smart Account under the User’s control, and Destral may cease to display or to support them on the Platform.

5.3. The Swap allows the User to exchange one Supported Token for another from the Smart Account. A Swap is executed through smart contracts, liquidity sources and routing providers, which may be operated by third parties. The terms of each Swap, including the rate and any applicable fee, are displayed before the User signs. The displayed rate is indicative until the Swap is confirmed on the blockchain, and the rate obtained may differ because of price movements, slippage, price impact or transaction ordering. A Swap that has been confirmed on the blockchain is irreversible. Destral does not guarantee the price, the liquidity or the successful execution of any Swap.

5.4. The inclusion of a token among the Supported Tokens is not a recommendation or an endorsement. The User is responsible for verifying the token it holds or swaps, including its contract address.

6.1. Vaults are available to Users who have completed KYC and who meet the eligibility conditions of the relevant Vault, as described in the Vault Terms.

6.2. When the User allocates assets to a Vault, by signing a transfer, those assets leave the Smart Account. Unless the Vault Terms state otherwise, they are then held and operated by Destral or its designated providers. The User holds a right against Destral in relation to its allocation, as set out in the Vault Terms, and not title to the underlying assets.

6.3. Allocations to, and redemptions from, Vaults, their valuation, the related fees, the suspension of redemptions, inactivity and succession are governed by the Vault Terms, which form part of these Terms of Use. The User is invited to read the Vault Terms before its first allocation and acknowledges them when allocating.

6.4. Destral does not provide personalized investment advice, discretionary portfolio management on a client-by-client basis, or fiduciary services in connection with Vaults. Any allocation decision is made by the User.

7.1. The Stral token (“STRAL”) is a utility token designed to operate within the Destral ecosystem. It grants users access to specific benefits, such as reduced fees, an increased referral commission, and eligibility for loyalty rewards (such as airdrops), as described on the Platform and related documentation. These benefits may be conditional on staking, and Destral may modify them.

7.2. STRAL is issued by ALTEDGE SOLUTIONS LLC. Any purchase of STRAL is concluded with ALTEDGE SOLUTIONS LLC, on the conditions presented at the time of purchase. Quarion LLC provides the Platform on which STRAL utilities and staking operate and is not the seller of STRAL.

7.3. STRAL is not offered or marketed as a financial instrument, security, share, derivative, or investment contract. STRAL does not represent any claim to ownership, revenue, or profits of the Platform, and does not entitle its holders to dividends or other forms of passive income. Holding STRAL does not confer any equity rights, debt claims, or voting rights over the legal entities operating the Platform or issuing the token.

7.4. The value of STRAL is not guaranteed and may fluctuate significantly. Destral does not warrant or imply any future increase in value or demand. Liquidity of the token on third-party marketplaces, if any, is not under the control or responsibility of Destral.

7.5. The User is solely responsible for evaluating whether acquiring, holding, or using STRAL is legal in its jurisdiction and whether it is subject to any tax obligations as a result. Destral does not provide legal, tax, or financial advice.

7.6. By interacting with STRAL, the User understands and accepts the risks associated with blockchain-based assets, including but not limited to regulatory changes, loss of Means of Control, smart contract vulnerabilities, and market volatility, which may result in partial or total loss of value.

7.7. Staking STRAL may require the token to be locked for a period during which it cannot be transferred, sold or otherwise used, under the conditions published on the Platform, including any period applicable to unstaking. Staking is not a deposit, a loan or an investment contract, confers no claim against Destral, and carries no guarantee of any reward, of any rate, or of the continued availability of the staking mechanism, which Destral may amend or discontinue. Tokens subject to a vesting schedule or to a cliff remain unavailable until the corresponding dates. Staking is performed through smart contracts and carries the risks described in Clause 9, including the risk of total loss.

8.1. Destral may make available a referral programme allowing a User to introduce other persons to the Platform in exchange for a commission, the conditions, rate and calculation basis of which are published on the Platform and may be amended, suspended or withdrawn by Destral at any time.

8.2. A User taking part in the referral programme acts on its own behalf and not as an agent, employee or representative of Destral. Such User shall not make any statement regarding the Services, their performance or any expected return which is not published by Destral, shall not promise any return, and shall comply with the Applicable Law governing the promotion of financial products and services in the jurisdiction of each person it introduces.

8.3. Destral may withhold or reclaim any commission, and suspend or exclude a User from the referral programme, where a referral results from a breach of this Clause, from the creation of multiple Accounts, from any fraudulent or abusive behaviour, or from unsolicited promotion.

9.1. Holding, swapping and allocating Virtual Currencies involves significant risk. Prices can fluctuate on any given day, and due to such volatility the User may lose all of the assets concerned. By accepting the Terms of Use and using the Services the User acknowledges and agrees to accept these risks. Destral strongly recommends to consider whether holding or using Virtual Currencies is suitable for the User in light of its financial circumstances.

9.2. Unless specifically stipulated in a separate written agreement between the User and Destral, the latter does not provide investment or consulting advice of any kind and no communication or information that it provides to the User is intended as, or should be construed as, advice of any kind.

9.3. The Services depend on public blockchain networks, smart contracts, bridges, oracles, price feeds, node providers, liquidity sources, stablecoin issuers and other third-party infrastructure which Destral neither controls nor operates. Any defect, exploit, failure, fork, congestion, censorship, loss of parity or discontinuation affecting such infrastructure may result in delays, in the impossibility of executing an Instruction, or in the partial or total loss of the assets concerned.

9.4. The Services rely on decentralized technologies and smart contracts deployed on one or more public blockchains. While Destral uses reasonable care in selecting and interacting with such technologies, smart contracts and blockchain infrastructure are inherently subject to risks beyond Destral’s control, including software bugs, code vulnerabilities, front-running, MEV attacks, oracle failures, or changes in consensus mechanisms. The User accepts that interactions with such technologies carry a risk of partial or total loss of the Virtual Currencies involved. Destral shall bear no liability for any damages, claims or losses arising from issues originating from such smart contracts or from the underlying blockchain protocols, to the maximum extent permitted by Applicable Law.

9.5. The risks specific to Vaults are described in the Vault Terms and in the Risk Disclosure Statement, which the User acknowledges by using the Services.

10.1. The User agrees to comply with the Applicable Law in relation to the use of the Services. The User is responsible for maintaining the confidentiality of the Account information, including the Login Data and the Means of Control.

10.2. The User shall use the Account only for itself and for its own benefit, and not on behalf of any third party unless the User has provided Destral with a document confirming its authority to act on behalf of another person. The User shall ensure that the Account is not used by any third party and that only one individual has access to and transacts using the same Account.

10.3. The User is solely responsible for its own Transactions with Destral and (or) any third parties on the Platform, and for all activities that occur in its Account and from its Smart Account. All Instructions given with the Login Data or signed with the Means of Control are presumed to have been authorised by the User unless the contrary is proven.

10.4. The User shall take appropriate actions to protect its devices and equipment from viruses, malicious software and any inappropriate material, and to back up and maintain copies of any information the User stores or transfers by using the Services. Destral is not responsible for any Claim or losses resulting from the User’s failure to comply with this Clause or from a Security Breach affecting the User’s devices or Means of Control.

10.5. The User shall determine what, if any, taxes apply to the Transactions the User makes, and it is the User’s sole responsibility to report and remit the correct tax to the appropriate tax authority. Destral is not responsible for determining whether any taxes apply to the use of the Services by the User. Destral may make certain reports to tax authorities regarding the Account and the Transactions made on the Platform if required by the Applicable Law.

10.6. The User always represents and warrants to Destral that:

10.6.1. all documents and information it provides to Destral are true, accurate, complete and up to date in all respects and may be relied upon during KYC;

10.6.2. all its decisions made in connection with these Terms of Use are solely and exclusively based on its own judgement and independent appraisal of its financial resources, ability and willingness to take relevant risks and financial objectives;

10.6.3. it has full power, authority and capacity to access and use the Platform and (or) the Services and to enter into and perform its obligations under these Terms of Use and any other agreement entered into pursuant to, or in connection with, these Terms of Use;

10.6.4. it is not a citizen, nor a resident, of any country, territory or jurisdiction in the List of Prohibited Countries.

10.7. When giving an Instruction the User must ensure that it is complete and accurate. Destral is not required to verify the accuracy, authenticity or validity of any Instruction. However, if Destral is in doubt as to the accuracy, authenticity or validity of an Instruction, Destral may refuse to act upon it, defer acting upon it or request further information. Instructions are irrevocable once signed with the Means of Control and submitted, or once confirmed on a blockchain network, save as expressly provided in the Vault Terms.

10.8. For Instructions submitted through the Platform, the records of Destral are conclusive and binding on the User for all purposes, save in case of manifest error. For Transactions executed on a blockchain network, the record of the blockchain network prevails.

10.9. If the User has insufficient Supported Tokens in the Smart Account to fulfil a Transaction and to pay the associated fees, Destral may refuse to process the Transaction. It is the User’s sole responsibility to hold a sufficient amount of Supported Tokens in the Smart Account.

10.10. The User will be able to access the Account History on the Platform. The User is recommended to review the Account History carefully and immediately inform Destral in writing if the User sees any entry or Transaction that it does not recognise or considers unusual. Destral will take reasonable measures to investigate, but it will not be responsible for any Claim or losses resulting from a Transaction executed with the User’s Login Data or Means of Control.

10.11. Destral may rectify any error in the records it keeps on the Platform, including the Account History and the records of Vault allocations, and may correct or reverse any operation recorded in its own systems that results from an error, in which case it will send a Notification to the User. Destral cannot reverse a Transaction that has been confirmed on a blockchain network.

10.12. Links to third-party websites may be provided for the User’s convenience but they are not controlled by Destral. Destral is not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible on and (or) linked to the Website.

10.13. Destral has the right to send general market information in the course of providing the Services to the User from time to time, however, such information shall not be considered as advice or recommendations of any kind. Destral is not responsible for any Transactions made and (or) Instructions given by the User after having received such information.

10.14. Destral may keep records of its communications with the User through the Platform, by email and through its support channels, and such records constitute evidence of the communications between the User and Destral.

10.15. Destral has established and maintains organisational and administrative arrangements with a view to taking appropriate steps to identify and manage conflicts of interest, as described in its Conflict of Interest Policy.

10.16. Destral will not get involved in any dispute relating to any assets held by the User. It is the sole responsibility of the User to resolve all disputes with third parties.

10.17. The User must not use the Services:

10.17.1. in a manner that violates public interests, public morals or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prevent other Users from using the Services;

10.17.2. to engage in fraudulent activities or cause Destral to suspect that the User has engaged in fraudulent activities;

10.17.3. to conduct lotteries, auctions, forecasting, Internet gaming, contests and other activities of this kind;

10.17.4. to provide false, inaccurate or misleading information in connection with the use of the Services to Destral and (or) any authority;

10.17.5. to attempt to access any part or function of the Platform without authorisation or connect to the Platform, any of the servers, systems or networks of Destral by hacking, password mining or any other unlawful or prohibited means;

10.17.6. to probe, scan or test the vulnerabilities of the Services or any network connected to the Platform, other than under a responsible disclosure procedure authorised by Destral;

10.17.7. to violate any security or authentication measures on the Platform;

10.17.8. to use any devices, software or routine programmes to interfere with the normal operation of the Platform;

10.17.9. to manipulate identification, or to disguise the identity or the origin of any messages or transmissions the User sends to Destral;

10.17.10. to modify or adapt the whole or any part of the Platform or combine or incorporate the Platform into another programme or application;

10.17.11. to disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Platform or any components thereof, except to the extent permitted by Applicable Law or by the open-source licence of a published component;

10.17.12. to facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information in connection with the Services;

10.17.13. to use any temporary, disposable, self-destructive or similar email address when opening the Account;

10.17.14. to violate or to attempt to violate any Applicable Law or any third party’s rights; and (or)

10.17.15. to access, to use or to attempt to access or to use the Services directly or indirectly in (from) any country listed in the List of Prohibited Countries.

11.1. The User may stop using the Services and close the Account at any time by following the procedure described from time to time on the Website. The User will not be charged for closing the Account, although it will be required to pay any outstanding amounts owed to Destral. Closing the Account does not affect the User’s control over its Smart Account. Before closing the Account the User should withdraw the assets held in its Smart Account and redeem its Vault allocations in accordance with the Vault Terms.

11.2. Destral has the right to modify or discontinue, temporarily or permanently, any portion of the Services at any time, and to refuse, suspend, restrict or terminate access to the Account, to the Platform or to any of the Services, including the relaying and sponsorship of Instructions, the Swap, the staking interface and Vault allocations, with immediate effect and for any reason, including the following situations:

a) there is a failure to comply with eligibility requirements for the Services that may be published on the Website from time to time;

b) the person logged into the Account is not the User;

c) the Account has been or will be used for any illegal, fraudulent, or unauthorised purposes;

d) more than one individual has access to and (or) transacts using the same Account;

e) the information provided by the User is wrong, untruthful, outdated or incomplete;

f) there is a pending submission of enhanced due diligence;

g) Destral is required to do so by the Applicable Law or any court or authority to which Destral is subject in any jurisdiction;

h) the User has breached these Terms of Use;

i) any Transaction is unauthorised, erroneous, fraudulent or unlawful;

j) there is any occurrence or suspicion of money laundering, terrorist financing, fraud or any other crime in connection with the Account or the use of the Services;

k) the use of the Account is subject to any pending, ongoing or threatened litigation, investigation or judicial, governmental or regulatory proceedings and (or) Destral perceives a heightened risk of legal or regulatory non-compliance associated with the User’s activity;

l) the User owes amounts to Destral that are not satisfied;

m) any Notification to the email associated with the Account is returned as undeliverable;

n) there is an issue that has arisen with the verification of the User’s identity;

o) the User is, or is controlled by, a person designated on a sanctions list;

p) there is any other valid reason which means that Destral needs to do so.

11.3. A suspension, restriction or termination under Clause 11.2 does not give Destral any control over the assets held in the Smart Account, which Destral cannot freeze or move. For assets allocated to a Vault, Destral may hold, defer or restrict redemptions in accordance with the Vault Terms and the Applicable Law.

11.4. Where Destral is informed of, and reasonably believes, that assets allocated to a Vault are stolen or are otherwise not lawfully possessed by the User, Destral may, but has no obligation to, place a hold on the allocation. Such hold will continue until the User proves to Destral that it is entitled to the allocation.

11.5. Destral will take reasonable steps to provide the User with an appropriate and timely Notification, except where it is prevented from doing so by the Applicable Law. The examples set out in this Clause 11 are a non-exhaustive list. Decisions of Destral to take certain actions may be based on confidential criteria that are essential to risk management and security protocols, and Destral is under no obligation to disclose the details of its internal risk management and security procedures to the User.

11.6. Residents of some countries may only be able to access some, but not all, Services. Destral reserves the right to change and update the range of the Services depending on the place and time of access to the Platform by the User. Destral will not be liable for any consequences arising from the use of a virtual private network by the User to modify its Internet protocol address.

12.1. It is the User’s responsibility to maintain accurate and up-to-date contact information in the Account settings to ensure timely receipt of the Notifications. Failure to review or receive the Notifications due to incorrect contact information does not absolve the User of its responsibilities under the Terms of Use.

12.2. By using the Services, the User agrees to receive the Notifications from Destral related to its use of the Services and to the Platform. The User acknowledges that opting out of receiving certain Notifications may impact its access to the Platform or use of the Services.

12.3. Once the User opens the Account, the User will be able to contact Destral through a special form on the Website at any time. By using such form the User authorizes Destral to monitor, save and store the history of its correspondence with Destral through the Platform. The User must not use such form to send any abusive, defamatory, dishonest or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that otherwise infringe the Applicable Law. Doing so may result in suspension of access to the Services.

13.1. All IP, including (but not limited to) the Website design, text, graphics, software, photos and other material, are owned by Destral or its licensors. The User may not copy, modify or use any of the IP of Destral without its prior written consent.

13.2. Destral grants to the User a non-exclusive licence for the duration of these Terms of Use or until it suspends or terminates access to the Services, whichever is sooner, to use the IP, excluding the trademarks, solely as necessary to allow the User to receive the Services for non-commercial personal use in accordance with these Terms of Use.

13.3. The User grants to Destral a perpetual, irrevocable, royalty-free, worldwide and non-exclusive licence to use the User’s intellectual property to the extent it is necessary to provide the User with the Services.

14.1. The User shall indemnify and hold harmless Destral from and against any claims, suits, actions, demands, disputes, allegations and (or) investigations brought by any third party, governmental authority or industry body and all Claims, liabilities, damages, losses, costs and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys’ fees and other professional costs and expenses, arising out of the User’s breach of these Terms of Use or of the Applicable Law.

14.2. To the maximum extent permitted by Applicable Law, the liability of Destral to the User or any third parties in any circumstance is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by the breach by Destral of these Terms of Use, and shall in no event exceed the amount of the Service Fees paid by the User to Destral in the 12 (twelve) calendar months preceding the event giving rise to the losses. Nothing in these Terms of Use excludes or limits liability that cannot be excluded or limited under Applicable Law, including liability for fraud or wilful misconduct.

14.3. To the maximum extent permitted by Applicable Law, in no event will Destral be responsible or liable to the User or any other person or entity for:

14.3.1. any loss of business, profits, anticipated savings or opportunities or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of or in connection with the Website, the Platform, the Account, the Services, these Terms of Use and (or) any agreement entered into pursuant to, or in connection with, these Terms of Use or otherwise;

14.3.2. any losses or damages the User may incur due to extreme market volatility;

14.3.3. any damage or interruptions caused by any Security Breach, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect the User’s computer or other equipment or any phishing, spoofing or other attack;

14.3.4. the loss of, or inability to use, any Means of Control;

14.3.5. any loss arising from the failure, exploit or discontinuation of a blockchain network, a smart contract operated by a third party, a bridge, an oracle or any other third-party infrastructure.

14.4. Destral and the User will not be liable for any delay or failure to perform the obligations as required by these Terms of Use to the extent the delay or failure is caused by a Force Majeure Event.

15.1. At all times the User shall maintain adequate security and control of the Login Data and of the Means of Control by (without limitation):

15.1.1. strictly abiding by the security procedures published by Destral;

15.1.2. using strong and unique authentication factors and keeping them under its sole control;

15.1.3. keeping the email address associated with the Account up to date in order to receive any Notifications;

15.1.4. never allowing remote access or sharing a computer and (or) computer screen with someone else while using the Platform or signing an Instruction;

15.1.5. remembering that under no circumstances representatives of Destral will request to share private keys, passkeys, recovery words or any other authentication codes;

15.1.6. generating, storing and backing up the Means of Control securely, keeping them strictly confidential, never disclosing them to any person including any person claiming to represent Destral, and keeping the recovery methods made available on the Platform in working order.

The User bears the consequences of any failure to comply with this Clause.

15.2. The Services and any information provided on the Website, in the Account or on the Platform are provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied, to the maximum extent permitted by the Applicable Law. Destral disclaims any implied warranties of title, merchantability, fitness for a particular purpose and (or) non-infringement. Destral does not make any representations or warranties that access to the Website, the Account or the Platform will be continuous, uninterrupted, timely or error-free. Destral reserves the right to suspend temporarily the Services, for both scheduled and emergency maintenance. Destral will make reasonable efforts to ensure that the Transactions on the Platform are processed in a timely manner, but makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of its control.

15.3. Destral will make reasonable efforts to update the information on the Website and the Platform, but it makes no representations, warranties or guarantees, whether express or implied, that the content on the Website and the Platform is accurate, complete or up to date.

15.4. The User is responsible for obtaining the data network access necessary to use the Services and for acquiring and updating compatible hardware or devices. Destral does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.

15.5. If the User receives information about another User through the Platform or from utilising the Services, the User must keep the information confidential, use it only in connection with the Services and in accordance with the Applicable Law, and not disclose or distribute it to a third party.

15.6. The collection, use, and protection of the User’s personal data is governed by the Destral Privacy Policy, which is published on the Website and available at the following address: https://www.destral.xyz/legal-hub/privacy-policy By using the Services, the User acknowledges having read and understood the Privacy Policy.

16.1. Aside from where the Applicable Law requires otherwise, these Terms of Use are governed by the laws of the Republic of Georgia. Any Claim arising from these Terms of Use shall be decided by the Courts of Tbilisi.

16.2. For the avoidance of doubt, nothing in this provision will deprive the User of any mandatory legal right from which the User benefits under the Applicable Law.

16.3. Destral and the User agree to negotiate in good faith to resolve any Claim confidentially. In the event the Claim cannot be resolved satisfactorily and the User wishes to assert such Claim against Destral, the User agrees to send a prior written complaint to Destral. Such complaint must:

16.3.1. describe the nature and basis of the Claim;

16.3.2. set forth the specific relief sought;

16.3.3. provide evidence and the provisions of these Terms of Use and of the Applicable Law that the User considers infringed by Destral;

16.3.4. provide all the User’s contact details.

16.4. Such written complaint must be submitted to , in accordance with the Complaint Procedure published in the Legal Hub of the Website. After receiving the complaint Destral has 90 (ninety) calendar days to respond. For the avoidance of doubt, the submission of a Claim to Destral for resolution internally and the delivery of a complaint to Destral are prerequisites to commencement of a court proceeding (or any other legal proceeding if applicable).

17.1. This document, together with the Vault Terms and the documents referenced herein, constitutes the entire agreement between the User and Destral regarding the use of the Services.

17.2. Destral can make changes to these Terms of Use and to any terms and conditions incorporated by reference herein. Destral will give the User at least 14 (fourteen) calendar days’ notice of any material change, by Notification or by publishing the revised Terms of Use on the Website and changing the “Last updated” date at the top of the Terms of Use. Changes may take effect immediately, without prior notice, where they are required by Applicable Law or by the security of the Platform, or where they are made in the User’s interest or to make the Terms of Use clearer. In that case Destral will let the User know of the change as soon as possible after it is made.

17.3. If the User does not wish to accept the changes, the User is free to close the Account in accordance with these Terms of Use. Otherwise, the User’s continued access to or use of the Services after the changes take effect will be deemed acceptance of the updated Terms of Use.

17.4. The User can find more information on Destral on the Website. If the User has questions or feedback it can contact Destral at . Complaints are handled under the Complaint Procedure.

17.5. All official announcements and the information on the Services will be published on the Website. The User is responsible for monitoring the Website, reading and considering these announcements and publications.

17.6. The User may not assign or transfer any rights or obligations under the Terms of Use without a prior written consent of Destral, which may in some cases require additional information to be provided or enhanced due diligence to be performed. However, Destral may assign or transfer any of its rights or obligations under the Terms of Use at any time to anyone else, subject to the Applicable Law.

17.7. If, at any time, any clause or sub-clause of the Terms of Use is or becomes illegal, invalid or unenforceable in any respect, neither the legality, validity or enforceability of the remaining clauses or sub-clauses will in any way be affected or impaired.

17.8. All clauses and sub-clauses of these Terms of Use which by their nature extend beyond the expiration or termination of these Terms of Use will continue to be binding and operate after the termination or expiration of these Terms of Use.

17.9. These Terms of Use may be translated into a language other than English. Any such translation is provided solely for the User’s convenience. In the event of inconsistency or ambiguity, the English text will prevail.

17.10. No delay or omission by Destral in exercising any right or remedy under the Terms of Use will operate as a waiver of the future exercise of that right or remedy or of any other rights or remedies under the Terms of Use. The rights and remedies provided in the Terms of Use are cumulative and not exclusive of any rights or remedies provided by the Applicable Law.

17.11. Destral is not an agent of the User in the performance of these Terms of Use. These Terms of Use shall not be interpreted as facts or evidence of an association, joint venture, partnership or franchise between Destral and the User.

17.12. In the event of death or incapacity of the User, the representatives or legal beneficiaries of the User’s estate may give Destral a written notice. If Destral has reason to believe the User is deceased, Destral may suspend the Account until a representative of the User’s estate or an authorised beneficiary completes a successful inheritance application in accordance with Destral requirements, or until the User provides satisfactory proof that it is not deceased. Destral cannot access, recover or transfer the assets held in a Smart Account, which remain accessible only through the Means of Control. Vault allocations are dealt with in accordance with the Vault Terms. Destral does not commit to any particular timeline for the processing of an inheritance application.

17.13. Jurisdictional Restrictions and No Solicitation

The Services and information made available on the Platform are intended solely for users who are eligible under the Applicable Law and Destral internal compliance policies. The Services are intended for Users located outside Georgia. Destral does not offer its Services to, and does not solicit business from, any person or entity located in the United States of America, or in any jurisdiction in the List of Prohibited Countries, or any person or entity designated on a sanctions list of the Office of Foreign Assets Control (OFAC), the United Nations, or the European Union. Nothing contained on the Website or the Platform shall be construed as an offer, solicitation, or invitation to engage in any transaction or to use the Services in any jurisdiction where such offer or solicitation would be unlawful or would require registration, licensing, or approval not held by Destral. Access to the Platform and use of the Services may be restricted or refused at any time based on the User’s jurisdiction, residency, citizenship, or other eligibility criteria, at Destral’s sole discretion.