GOBITZ EXCHANGE INC — TERMS OF SERVICE

Effective Date: January 1, 2025 | Version 3.0

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE GOBITZ PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

1. DEFINITIONS

For the purposes of these Terms of Service ("Terms"), the following definitions apply:

1.1 Platform "Platform" refers to the Gobitz digital asset exchange, including the website (www.gobitz.io), mobile applications, APIs, and all related services operated by Gobitz.

1.2 User / You "User," "you," or "your" refers to any individual or legal entity that accesses, registers for, or uses the Platform in any capacity.

1.3 Digital Assets "Digital Assets" means cryptocurrencies, tokens, stablecoins, and any other blockchain-based assets supported on the Platform, including but not limited to Bitcoin (BTC), Ethereum (ETH), and listed altcoins.

1.4 Account "Account" means a registered user account on the Platform, which grants access to trading, deposits, withdrawals, and other services.

1.5 Services "Services" means all features and functionalities provided through the Platform, including spot trading, futures trading, staking, lending, savings products, fiat on-ramp/off-ramp, and API access.

1.6 Prohibited Jurisdictions "Prohibited Jurisdictions" means countries, territories, or regions where Gobitz is restricted or prohibited from operating by applicable law, including the United States of America (all 50 states, territories, and possessions) and any other sanctioned regions designated by OFAC, the EU, or the UN.

1.7 Company "Company," "we," "our," or "us" refers to Gobitz and its subsidiaries and affiliates.

2. ACCEPTANCE OF TERMS

2.1 By creating an Account, accessing the Platform, or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Risk Disclosure Statement, and any other policies incorporated herein by reference.

2.2 These Terms constitute a legally binding agreement between you and Gobitz. If you are entering into these Terms on behalf of a legal entity, you represent that you have the authority to bind that entity, and references to "you" shall apply to that entity.

2.3 Gobitz reserves the right to amend these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform at least 30 days prior to the effective date, unless required by law or regulatory necessity to implement changes sooner. Your continued use of the Services after the effective date of any amendment constitutes your acceptance of the revised Terms.

2.4 If you do not agree with any part of these Terms or any future amendments, you must immediately cease using the Services and close your Account.

3. PROHIBITED JURISDICTIONS AND GEOGRAPHIC RESTRICTIONS

3.1 United States Prohibition

THE PLATFORM AND ALL SERVICES PROVIDED BY GOBITZ ARE STRICTLY PROHIBITED FOR USE BY ANY PERSON OR ENTITY LOCATED IN, INCORPORATED IN, OR RESIDENT OF THE UNITED STATES OF AMERICA, INCLUDING ALL 50 STATES, THE DISTRICT OF COLUMBIA, PUERTO RICO, THE U.S. VIRGIN ISLANDS, GUAM, AMERICAN SAMOA, AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS.

This prohibition applies regardless of:

The method of access to the Platform (direct, VPN, proxy, or otherwise)
Whether the person is a U.S. citizen residing abroad
Whether the legal entity is incorporated outside the U.S. but is owned or controlled by U.S. persons
The currency or digital asset used for transactions

By accessing or using the Platform, you expressly represent and warrant that you are not a U.S. person as defined under applicable U.S. securities laws, and that you are not accessing the Platform from within the United States or any of its territories.

3.2 Other Restricted Jurisdictions

In addition to the United States, access to and use of the Platform may be restricted or prohibited for residents and nationals of certain other countries or territories due to applicable laws, regulations, or Gobitz's internal compliance policies. Restricted jurisdictions include, but are not limited to, regions subject to comprehensive sanctions programs administered by OFAC, the United Nations Security Council, the European Union, or equivalent regulatory bodies.

The list of restricted jurisdictions is subject to change at any time without prior notice, in accordance with updates to applicable sanctions regimes or regulatory requirements.

If you are uncertain whether your country of residence or nationality is subject to restrictions, or if you believe your access has been incorrectly restricted, please contact our compliance team at support@gobitz.io before attempting to use the Platform. We will endeavor to respond to all jurisdiction inquiries within 5 business days.

3.3 Responsibility for Compliance

It is your sole responsibility to ensure that your access to and use of the Platform complies with all laws and regulations applicable in your jurisdiction. Gobitz does not represent or warrant that the Services are appropriate or legally available for use in your jurisdiction.

3.4 Circumvention Prohibited

Any attempt to circumvent geographic restrictions through the use of virtual private networks (VPNs), proxy servers, anonymizing software, or any other means is strictly prohibited and constitutes a material breach of these Terms. Gobitz reserves the right to implement technical measures to detect and block access from Prohibited Jurisdictions and to immediately terminate any Account found to have been accessed in violation of this Article.

3.5 Consequences of Violation

If Gobitz determines or reasonably suspects that you have accessed the Platform from a Prohibited Jurisdiction or have misrepresented your jurisdiction of residence or nationality, Gobitz may, without prior notice and at its sole discretion:

Immediately suspend or permanently terminate your Account
Freeze all assets held in your Account pending further review
Reverse or cancel any pending transactions
Report the matter to relevant regulatory or law enforcement authorities
Take any other action deemed necessary to comply with applicable law

Any assets frozen due to a jurisdictional violation will be subject to a compliance review process before being released, and Gobitz reserves the right to withhold assets as required by applicable law or regulatory guidance.

4. ELIGIBILITY AND REGISTRATION

4.1 General Eligibility Requirements

To use the Services, you must satisfy all of the following requirements:

Be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is greater
Have full legal capacity to enter into binding contracts
Not be a resident or national of any Prohibited Jurisdiction, including the United States of America
Not be listed on any government-issued sanctions list, including OFAC's SDN list
Not be a Politically Exposed Person (PEP) unless additional due diligence has been completed
Comply with all applicable laws in your jurisdiction regarding the use of digital asset platforms

4.2 Know Your Customer (KYC) Verification

4.2.1 All users are required to complete identity verification (KYC) before accessing full Platform functionality. The KYC process may include, but is not limited to:

Government-issued photo ID (passport, national ID, driver's license)
Proof of residential address (utility bill, bank statement, dated within 3 months)
Biometric facial verification
Source of funds declaration for transactions above applicable thresholds
Enhanced Due Diligence (EDD) for high-risk classifications

4.2.2 Gobitz reserves the right to request additional documentation at any time for compliance purposes. Failure to provide requested documentation within the specified timeframe may result in account restrictions, suspension, or termination.

4.2.3 Users who have not completed KYC verification will be subject to transaction limits as set forth in the Platform's Fee and Limits Schedule, which is incorporated by reference.

4.3 Corporate Accounts

Legal entities seeking to create an Account must provide all of the following in addition to standard KYC:

Certificate of incorporation or equivalent founding document
Register of directors and beneficial owners (owning 25% or more)
Board resolution authorizing the account creation and designating authorized users
KYC documentation for all authorized users and ultimate beneficial owners (UBOs)

5. ACCOUNT SECURITY AND ACCESS

5.1 Account Credentials

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username, password, two-factor authentication (2FA) codes, API keys, and any other access credentials. You agree to:

Create a strong, unique password that is not used on any other platform
Enable two-factor authentication (2FA) immediately upon account creation
Never share your credentials with any third party, including Gobitz employees
Log out of your Account after each session, particularly on shared devices
Immediately notify us at support@gobitz.io of any unauthorized access or security breach

5.2 Unauthorized Access

5.2.1 Gobitz will not be liable for any losses resulting from unauthorized account access caused by your failure to implement adequate security measures.

5.2.2 In the event of suspected unauthorized access, Gobitz may, at its sole discretion, temporarily suspend your Account, freeze withdrawals, require re-verification, or take other protective measures without prior notice.

5.3 API Access

5.3.1 You may generate API keys to access Platform services programmatically. API keys are subject to the following conditions:

Each API key must be assigned a specific permission scope (read-only, trading, withdrawal)
API keys with withdrawal permissions require additional security measures including IP whitelisting
You are solely responsible for securing your API keys and all actions taken using them
Gobitz reserves the right to revoke API access at any time for security or compliance reasons

6. PLATFORM SERVICES

6.1 Spot Trading

6.1.1 The Platform facilitates peer-to-peer spot trading of digital assets at market or limit prices. When you place an order, you acknowledge that:

Market orders are executed at the best available price and may experience slippage in volatile conditions
Limit orders are not guaranteed to be filled if the market does not reach the specified price
All executed trades are final and irreversible once confirmed on the blockchain or our internal ledger
Gobitz acts as a marketplace facilitator, not as a counterparty to your trades

6.2 Derivatives and Futures Trading

6.2.1 Derivatives products, including perpetual contracts and futures, are available to eligible users. By accessing derivatives services, you additionally acknowledge and accept that:

Derivatives trading involves the use of leverage, which can amplify both gains and losses
You may lose more than your initial margin deposit
Liquidation occurs automatically when your margin ratio falls below the maintenance threshold
Derivatives are not available to users in certain jurisdictions
Past performance of any derivative instrument does not guarantee future results

⚠ Derivatives trading is a high-risk activity. Only engage if you fully understand the risks and can afford to lose your entire investment.

6.3 Staking Services

6.3.1 Gobitz may offer staking services that allow you to earn rewards by locking digital assets. Staking terms, including lock-up periods, reward rates, and early withdrawal penalties, are published on the Platform and are subject to change with reasonable notice.

6.3.2 Staking rewards are not guaranteed and may fluctuate based on network conditions, validator performance, and protocol changes. Gobitz does not guarantee any specific rate of return.

6.4 Lending and Borrowing

Users may access lending and borrowing products subject to eligibility criteria and separate product terms. Collateral requirements, liquidation thresholds, and interest rates are disclosed at the time of each transaction and are binding upon execution.

6.5 Fiat Currency Services

6.5.1 Where available, the Platform enables deposits and withdrawals of fiat currencies. Fiat services are subject to additional compliance requirements, including enhanced KYC and AML screening, and may be provided in partnership with licensed third-party payment providers.

6.5.2 Fiat processing times, fees, and available currencies vary by region. Gobitz is not responsible for delays attributable to banking institutions, payment networks, or regulatory holds.

7. FEES, CHARGES, AND TAXES

7.1 Trading Fees

Gobitz charges fees for trading and other services as detailed in the Fee Schedule published on the Platform. Fees may vary based on:

Trading volume within a 30-day rolling period
Maker vs. taker order type
Account tier and VIP status
Promotional programs in effect at the time of the transaction

7.2 Withdrawal Fees

Withdrawal fees for digital assets are determined by network conditions, including prevailing gas fees for on-chain transactions. Fiat withdrawal fees are set forth in the Fee Schedule and may change based on third-party processing costs.

7.3 Fee Changes

Gobitz reserves the right to modify its fee structure at any time with 14 days' advance notice posted on the Platform. Continued use of the Services after the effective date of a fee change constitutes your acceptance of the updated fees.

7.4 Tax Obligations

7.4.1 You are solely responsible for determining and fulfilling your tax obligations arising from your use of the Platform, including any applicable capital gains tax, income tax, VAT, or other levies.

7.4.2 Gobitz may be required by law to report transaction data to relevant tax authorities. We may provide transaction history and other records to government authorities pursuant to lawful requests, subpoenas, or court orders.

7.4.3 The Platform provides transaction history reports as a convenience tool. These reports are not tax advice, and you should consult a qualified tax professional regarding your specific obligations.

8. PROHIBITED ACTIVITIES

The following activities are strictly prohibited on the Platform. Violation of any provision in this Article may result in immediate account termination, asset freeze, reporting to law enforcement, and legal action:

8.1 Financial Crimes

Money laundering, terrorist financing, or any activity in violation of applicable AML/CFT laws
Structuring transactions to evade reporting thresholds
Using the Platform to process proceeds of illegal activity
Conducting transactions on behalf of a sanctioned individual, entity, or jurisdiction

8.2 Market Manipulation

Wash trading, spoofing, layering, or any coordinated price manipulation
Front-running orders using non-public information
Pump-and-dump schemes or coordinated market manipulation with other parties
Using bots or automated systems in ways that violate Platform rules or disrupt market integrity

8.3 Platform Abuse

Attempting to gain unauthorized access to the Platform, APIs, or other users' accounts
Introducing malware, viruses, or any other malicious code
Scraping Platform data in violation of our API terms
Creating multiple accounts to circumvent restrictions, limits, or bans
Providing false or misleading information during registration or KYC processes
Facilitating access for individuals or entities in Prohibited Jurisdictions
Accessing the Platform from a Prohibited Jurisdiction through any means, including VPNs or proxies

8.4 Intellectual Property Violations

Unauthorized reproduction, distribution, or modification of Platform content
Using Gobitz's trademarks, logos, or branding without express written consent

9. RISK DISCLOSURE

⚠ This section summarizes key risks. Please read the full Risk Disclosure Statement available on our website before trading.

9.1 Market Risk Digital asset markets are highly volatile. Prices can fluctuate dramatically within short periods due to market sentiment, regulatory developments, macroeconomic conditions, technological changes, or other factors beyond our control. You may lose all or a significant portion of your investment.

9.2 Liquidity Risk Some digital assets may have limited trading volumes, which can result in difficulty executing orders at desired prices. Wide bid-ask spreads and market depth limitations may cause significant slippage, particularly in stressed market conditions.

9.3 Regulatory Risk The regulatory environment for digital assets is evolving. Government actions, including bans, licensing requirements, or restrictions on digital asset activities, may adversely affect the value of your assets or your ability to access the Platform.

9.4 Technology and Cybersecurity Risk The Platform and underlying blockchain networks are subject to technical failures, cyberattacks, smart contract vulnerabilities, and other technological risks. While Gobitz implements robust security measures, no system is completely secure, and Gobitz cannot guarantee protection against all possible attacks or failures.

9.5 Third-Party Risk Gobitz may integrate third-party services, wallets, protocols, or smart contracts. We do not control these third parties and are not responsible for their actions, failures, or the security of their systems. Losses arising from third-party failures are your sole responsibility.

9.6 Custody and Asset Loss Risk Digital assets held on the Platform are custodied by Gobitz on your behalf. While we implement cold storage and multi-signature security, you acknowledge that:

Digital asset transactions are generally irreversible once broadcast to the blockchain
Errors in wallet addresses or transaction parameters cannot typically be corrected
In the event of a catastrophic security incident, recovery of lost assets may not be possible

10. PRIVACY AND DATA PROTECTION

10.1 Gobitz collects, processes, and stores personal data in accordance with its Privacy Policy, which is incorporated herein by reference. By using the Services, you consent to the collection and processing of your personal data as described therein.

10.2 We may collect the following categories of data: identity information, contact details, financial information, transaction data, usage data, device and browser information, and communications records.

10.3 Personal data may be shared with: regulatory authorities and law enforcement upon lawful request; KYC/AML service providers; payment processors; and cloud infrastructure providers, subject to appropriate data protection agreements.

10.4 Users in jurisdictions with applicable data protection laws (including GDPR and CCPA) may exercise rights including access, rectification, erasure, restriction, portability, and objection. Requests may be submitted to support@gobitz.io. Note that certain data retention obligations imposed by financial regulation may limit the exercise of some rights.

10.5 Gobitz retains transaction and identity records for a minimum of 5 years from the end of the customer relationship, as required by applicable AML regulations.

11. INTELLECTUAL PROPERTY

11.1 All content on the Platform, including but not limited to software, algorithms, user interfaces, logos, trademarks, text, graphics, and data compilations, is the exclusive property of Gobitz or its licensors and is protected by applicable intellectual property laws.

11.2 Gobitz grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for personal or internal business purposes in accordance with these Terms. This license does not include the right to sublicense, reproduce, distribute, or create derivative works.

11.3 Any feedback, suggestions, or ideas you submit to Gobitz regarding the Platform may be used by Gobitz without compensation or attribution to you.

12. DISCLAIMERS AND LIMITATION OF LIABILITY

12.1 No Financial Advice Nothing on the Platform constitutes financial, investment, legal, or tax advice. Gobitz does not recommend any specific digital asset, trading strategy, or investment decision. All trading decisions are made at your sole discretion and risk.

12.2 Disclaimer of Warranties THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. GOBITZ DOES NOT WARRANT THAT THE PLATFORM WILL BE AVAILABLE AT ALL TIMES OR THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT.

12.3 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOBITZ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DIGITAL ASSETS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, GOBITZ'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.4 Aggregate Liability Cap Gobitz's total aggregate liability to you for all claims arising under these Terms shall not exceed the greater of: (a) the total fees paid by you to Gobitz in the 12 months preceding the event giving rise to the claim; or (b) USD 100.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Gobitz and its officers, directors, employees, affiliates, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

Your breach of these Terms or any policy incorporated by reference
Your use of the Services in violation of applicable law
Your infringement of any intellectual property or other rights of any third party
Any disputes between you and another user of the Platform
Your violation of any representations or warranties made under these Terms
Any taxes owed by you in connection with your use of the Services
Your access to or use of the Platform from a Prohibited Jurisdiction

14. SUSPENSION AND TERMINATION

14.1 Termination by User You may close your Account at any time by submitting a written request to support@gobitz.io, provided that: (a) your Account has no open positions, pending orders, or active loan obligations; (b) all required withdrawals have been processed; and (c) there are no ongoing regulatory or legal holds on your Account.

14.2 Suspension and Termination by Gobitz Gobitz may, without prior notice and at its sole discretion, suspend, restrict, or terminate your Account and access to the Services in the following circumstances:

Suspected or confirmed violation of these Terms
Suspected or confirmed fraudulent, illegal, or money-laundering activity
Receipt of a court order, regulatory directive, or law enforcement request
Your failure to complete required KYC or EDD documentation within the specified period
Detection of suspicious or abnormal trading patterns
Discovery that you are accessing the Platform from a Prohibited Jurisdiction
Force majeure events or technical emergencies

14.3 Effect of Termination Upon termination: (a) your license to use the Platform immediately ceases; (b) Gobitz will return eligible assets to a verified withdrawal address after completing any required AML review; and (c) all provisions of these Terms that by their nature should survive termination shall continue in full force, including Sections on Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

15. DISPUTE RESOLUTION AND GOVERNING LAW

15.1 Informal Resolution Before initiating formal proceedings, both parties agree to attempt to resolve any dispute informally. You must send a written notice describing the dispute to support@gobitz.io. The parties will have 60 days from the date of the notice to attempt good-faith resolution before either party may proceed to binding arbitration.

15.2 Binding Arbitration If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services shall be resolved exclusively by binding arbitration administered by the [Arbitration Body] in accordance with its rules, before a single arbitrator. The arbitration shall be conducted in [City, Jurisdiction] in the English language.

BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

15.3 Governing Law These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws provisions. For matters not subject to arbitration, the parties submit to the exclusive jurisdiction of the courts of [Jurisdiction].

15.4 Exceptions Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm, without waiving the right to arbitration for all other claims.

16. GENERAL PROVISIONS

16.1 Entire Agreement These Terms, together with the Privacy Policy, Risk Disclosure Statement, Fee Schedule, AML Policy, and any other documents incorporated by reference, constitute the entire agreement between you and Gobitz regarding your use of the Services and supersede all prior agreements and understandings.

16.2 Severability If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

16.3 Waiver No failure or delay by Gobitz in exercising any right under these Terms shall constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of Gobitz.

16.4 Force Majeure Gobitz shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, war, cyberattacks, government actions, blockchain network failures, or failures of third-party infrastructure providers.

16.5 Assignment You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Gobitz. Gobitz may assign its rights and obligations, including in connection with a merger, acquisition, or sale of assets, upon notice to you.

16.6 Language These Terms are provided in English. In the event of any conflict between the English version and a translated version, the English version shall prevail.

16.7 Contact Information If you have any questions about these Terms, please contact us:

General Inquiries & Support: support@gobitz.io
Legal / Compliance: support@gobitz.io
Security: support@gobitz.io
Privacy: support@gobitz.io
Jurisdiction Inquiries: support@gobitz.io
Mailing Address: Gobitz, [Address], [City, Country]

By using the Gobitz Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: January 1, 2025 | Gobitz | Version 3.0

This document is provided as a template for informational purposes. It should be reviewed and adapted by qualified legal counsel to ensure compliance with the laws and regulations applicable to your specific jurisdiction and business operations.