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Terms of Use

TERMS OF USE
Last Updated: 2025年9月12日
 These Terms constitute a legally binding agreement between you ("you" or "your") and SotaEx ("SotaEx", "we", "our" or "us"). The Terms govern your use of the SotaEx Services made available to you on or through the Platform or otherwise. SotaEx Services may be provided by SotaEx or, if specified in these Terms, any Product Terms or any additional terms, by any SotaEx Affiliate.
 By registering for a SotaEx Account, accessing the Platform and/or using the SotaEx Services, you agree that you have read, understood and accepted these Terms, together with any additional documents or terms referred to in these Terms. You acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time.
 

 INFORMATION ABOUT OUR AGREEMENT WITH YOU

 1. Introduction
 1.1. About us. The SotaEx wallet provides users with a trading platform to buy and sell Digital Assets, an integrated custody solution allowing users to store their Digital Assets and other Digital Asset-related services.
 1.2. These Terms. By registering to open a SotaEx Account you are entering into a legally binding agreement with us. These Terms will govern your use of the SotaEx Services and tell you who we are, how we will provide the SotaEx Services to you, how these Terms may be changed or terminated, what to do if there is a problem, along with other important information.
 You must read these Terms, carefully and let us know if you do not understand anything.
 Where any Local Terms apply to your use of the SotaEx Services, such Local Terms shall govern your use of the SotaEx Services.

 2. Eligibility
 2.1. Eligibility criteria. To be eligible to register for a SotaEx Account and use the SotaEx Services, you must:
 a. be an individual, corporation, legal person, entity or other organisation with the full power, authority and capacity to (1) access and use the SotaEx Services; and (2) enter into and comply with your obligations under these Terms;
 b. if you are an individual, be at least 18 years old;
 c. if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into these Terms;
 d. not have been previously suspended or removed from using SotaEx Services;
 e. not be a Restricted Person; 
 f. not currently have an existing SotaEx Account.
 2.2. Amending our eligibility criteria. We may amend our eligibility criteria at any time in our sole discretion. Where possible, we will give you notice in advance of the change. However, we may occasionally need to make changes without telling you in advance. This may include where:
 a. we are making the change as a result of legal and/or regulatory changes;
 b. the changes being made are in your interest; and/or
 c. there is any other valid reason which means there is no time to give you notice. 
 Where we are unable to give you advance notice, we will let you know of the change as soon as possible after it is made.

 3. How we contact each other
 3.1. How you can contact us. For more information on SotaEx, you may refer to the information found on our Website. If you have questions, you may contact us at legal@sotaex.com. These Terms may specify contact details for particular notices. This address is not monitored for those notices.
 3.2. How we will contact you. We will contact you using the details you provide to us. This may include contacting you by email, SMS or telephone. It is important that you ensure that your contact details are correct and up to date. If your contact details change, you must let us know immediately. If you do not, we will not be responsible if you do not receive information, notices or other important information from us. 
 

 INFORMATION ABOUT YOUR SOTAEX ACCOUNT

 4. Creating or Accessing your SotaEx Account
 4.1. Account opening. You must create and maintain a SotaEx Account in order to access the SotaEx Services and the Platform. This may be a SotaEx Account for an individual user, or a Corporate SotaEx Account where the user is a corporation, entity or other organisation. All SotaEx Accounts are provided at our absolute discretion. We reserve the right to refuse any application for a SotaEx Account without reason or to limit the number of SotaEx Accounts that you may hold. 
 4.2. Access. To access your SotaEx Account you or, where relevant, your Permitted Users, must have the necessary equipment (such as a computer or smartphone) and access to the internet. Your SotaEx Account can be accessed directly using the Platform or by such other mode of access (including APIs) as we may prescribe. You are only permitted to access your SotaEx Account by using the Access IDs we provide to you or your Permitted Users for such purposes. We may require multi-factor authentication to keep your SotaEx Account safe and secure. The use of the Platform and other access methods may be subject to such additional terms as we communicate to you. 
 4.3. Restricting access to third parties. You must ensure that any SotaEx Account(s) registered under your name will not be used by any person other than yourself.

 5. Information requests
 5.1. When we may request information. We may require information from you at any time for the purposes of complying with any Applicable Law, identity verification requirements, or in connection with the detection of money laundering, terrorist financing, fraud, or any other financial crime, or for any other valid reason. You agree to provide us with any such information we request and permit us to keep a record of the information for the lifetime of your SotaEx Account as long as it is required to fulfil their intended purposes, or such other period as prescribed by Applicable Law. 
 5.2. What happens when you provide information. Your access to your SotaEx Account and the Transaction limits that apply to your use of the SotaEx Services may be altered as a result of information collected about you on an ongoing basis. If there is a reasonable suspicion that any information provided by you is wrong, untruthful, outdated, or incomplete, we may send you a notice to request corrections, remove relevant information, or do such other things that we consider necessary to ensure that the information provided by you is true and correct.
 5.3. If you fail to provide any requested information. You must comply with any information request we send to you. If you decline to provide the requested information, or otherwise do not comply in a timely manner, we reserve the right to suspend or terminate your access to your SotaEx Account, or to all or part of the SotaEx Services immediately, without notice.

 6. Account information and Transaction records
 6.1. Your Account History. You will be able to access your Account History on the Platform. You must review your Account History carefully and let us know if you see any entries or Transactions that you do not recognise or you think are incorrect within fourteen (14) calendar days of the date that your Account History is provided or made available to you. 
 6.2. Errors. We may rectify any error in your Account History at any time, and reserve the right to void, cancel or reverse any Transaction involving or deriving from a Manifest Error or to amend the details of such Transaction to reflect what we reasonably consider to be the correct or fair details of such a Transaction. 
 You acknowledge and agree that where you execute any Transaction with Improper Intent and/or in the case of Manifest Error, SotaEx is authorised by you.
 You acknowledge and agree that you shall be solely responsible for your own transactions with any third parties that may have been entered into in connection with or reliance on any Transaction(s) that may be subject to any cancellation/amendment pursuant to SotaEx’s rights herein.
 6.3. Information sharing. We may be required under these Terms or Applicable Law to share information about your SotaEx Account and Account History with third parties and SotaEx Affiliates. You acknowledge and agree that we are entitled to disclose such information. For more information about how we process your personal data you can review our Privacy Policy. 
 

 USING YOUR ACCOUNT

 7. Transactions
 7.1. Entering into Transactions. You may enter into Transactions directly with us, or directly with other users, which may or may not be facilitated by us. 
 We do not represent or warrant that any Transaction will be completed successfully or within a specific time period. 

 8. Account security
 8.1. Your responsibility. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Law, you are responsible for backing up and maintaining duplicate copies of any information you store or transfer through the SotaEx Services. We are not responsible for any claim or losses resulting from your failure to comply with this clause.
 8.2. Security measures. At all times, you and any Permitted Users shall maintain adequate security and control of all of your Access IDs. You are responsible for taking the necessary security measures (or ensuring that your Permitted Users take such measures) to protect your SotaEx Account and to keep your Access ID secure, including by:
 a. strictly abiding by all of our mechanisms or procedures;
 b. creating a strong password and maintaining security and control of your Access IDs;
 c. keeping the Email Account and telephone number provided to us up to date in order to receive any notices or alerts that we may send you;
 d. never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged on to your SotaEx Account;
 e. remembering that under no circumstances will we ask you to share your passwords or 2-factor authentication codes; and
 f. logging out from the Sites or the Platform at the end of each visit.
 You must keep the Email Account and Access IDs secure against any attacks and unauthorised access. You must notify us immediately if you have knowledge or have reason for suspecting that the security of your Email Account, or that of a Permitted User, has been compromised or if there has been any unauthorised use of your or any Permitted User’s Email Account. 
 8.3. Monitoring your Account History. It is important that you monitor your Account History to ensure any unauthorised or suspicious activity on your SotaEx Account is identified and notified to us as soon as possible. You acknowledge that any Security Breach may result in unauthorised access to your SotaEx Account by third parties and the loss or theft of any Digital Assets and/or funds held in your SotaEx Account and any associated accounts, including your linked bank account(s) and credit card(s).
 8.4. If you suspect a Security Breach. If you suspect a Security Breach, you must ensure that:
 a. we are notified immediately using the details set out in clause 3.1 and continue to be provided with accurate and up to date information throughout the duration of the Security Breach; 
 b. your SotaEx Account is immediately locked via the disable account function on the Platform or via any other method as may be prescribed by us from time to time; and
 c. you take any other steps that we may reasonably require to reduce, manage or report any Security Breach. 
 We reserve the right to request, and you agree to promptly provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach. You further acknowledge and agree that we may provide such information to any third party that we deem necessary in order to investigate or resolve any Security Breach. 
 

 OTHER IMPORTANT INFORMATION

 9. Privacy
 9.1. The Privacy Notice. Our collection and use of personal data in connection with these Terms, the SotaEx Services, the Platform and any Site is as provided in our Privacy Notice (as updated from time to time). You acknowledge that we may process personal data in relation to you, that you have provided to us, or we have collected from you in connection with these Terms and in accordance with Privacy Notice. Your personal data will be processed in accordance with the Privacy Notice, which shall form part of these Terms. 
 You represent and warrant that: 
 a. you acknowledge that you have read and understood our Privacy Notice. 
 b. our business changes regularly and our Privacy Notice will change also. Therefore, if from time to time we provide you with a replacement version of the Privacy Notice, you will promptly read the Privacy Notice. 

 10. Changes to the Terms, etc.
 10.1. How and when we can make changes. We can make changes to these Terms and any terms and conditions incorporated by reference (including any Product Terms) at any time and your continued use of the SotaEx Services constitutes your consent to such changes. Changes to these Terms will be published on our website and may also be notified to users separately by email, through the app or by such other means as SotaEx determines in its discretion.
 Generally, SotaEx will try to notify users prior to changes to these Terms taking effect. However, we may occasionally need to make changes that are effective immediately, in which case users will be notified as soon as possible after the changes take effect. The circumstances in which changes to these Terms may take effect immediately may include, for example and without limitation, where:
 a. the change is to address legal and/or regulatory requirements;
 b. the changes are to make these Terms clearer.
 10.2. When changes come into effect. Save where changes come into effect immediately, any update to the Terms will come into effect after the changes have been notified to users. If you do not wish to accept the changes, you are free to close your SotaEx Account in accordance with clause 19.1 of these Terms. Your continued access to or use of any SotaEx Services will be deemed acceptance of the updated Terms.
 

 INTELLECTUAL PROPERTY
 11. Background IP
 The SotaEx IP shall remain vested in SotaEx. 
 12. Licence of SotaEx IP
 We grant to you a non-exclusive licence for the duration of these Terms, or until we suspend or terminate your access to the SotaEx Services, whichever is sooner, to use the SotaEx IP, excluding the Trade Marks, solely as necessary to allow you to receive the SotaEx Services for non-commercial personal or internal business use, in accordance with these Terms.
 13. Licence of User IP
 13.1. Your grant of licence. You grant to us a perpetual, irrevocable, royalty-free, worldwide and non-exclusive licence to use the User IP to the extent it: (a) forms part of, or is necessary for the use of, any Created IP; and (b) is necessary to allow us to provide you with the SotaEx Services, from time to time. 
 13.2. Our right to sub-licence. The licence granted by you under this clause includes our right to sub-licence to a third party to the extent required to enable us and any SotaEx Affiliates to provide you with the SotaEx Services, or any part of them.
 14. Created IP
 24.1 Created IP. The Created IP shall automatically vest in us from time to time on the date on which it is created.
 14.2 Assignment. You hereby assign to us (and agree to procure that any agents, representatives or contractors assign), with full title guarantee, title to all present and future rights and interest in the Created IP. 
 If requested to do so, you shall (and agree to procure that any agents, representatives or contractors shall), without charge to us, sign and/or execute all documents and do all such acts as we may require to perfect the assignments under this clause.
 15. General
 15.1 We are not responsible. You agree and acknowledge that: (1) we are not responsible for any User Material (whether provided by you or by third parties) which may be made available on the Platform or the Sites; and (2) use of any such User Material is at your own risk and that we do not provide any warranties in relation to the same. 
 15.2 Our rights. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on the Platform or the Sites (including any User Material) for any reason. We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any User Material, recovering damages or other monetary compensation from you, suspending or terminating your SotaEx Account (if any), or suspending your access to the Platform and/or the Sites. We shall also have the right to restrict or ban you from any and all future use of any SotaEx Services.
 15.3 Recording. You agree that we may record any communications, electronic, by telephone, over video call, or otherwise, that we have with you in relation to these Terms, and that any recordings that we keep will constitute evidence of the communications between you and us. You agree that telephone conversations and video calls may be recorded so that we can respond to inquiries, ensure compliance with applicable laws, improve our services and provide customer support.
 

 YOUR OBLIGATIONS AND LIABILITY
 16. Prohibited use
 By opening a SotaEx Account or carrying out any Transaction, and without prejudice to any other restriction or limitation set out in these terms, you agree that you and any Permitted User will not:
 a. breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to, any Product Terms;
 b. use SotaEx Services in a manner that violates our Prohibited Use Policy;
 c. use SotaEx Services for resale or commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing;
 d. use the SotaEx Services for anything which, in SotaEx’s sole opinion, is conduct designed to control or artificially affect the price of any Digital Asset (market manipulation) including, without limitation, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering) regardless of whether prohibited by Applicable Law;
 e. engage in fraudulent activities, or cause us to suspect that you or any Permitted User have engaged in fraudulent activities and/or Transactions;
 f. use SotaEx Services to conduct or participate in lotteries; gambling activities; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance, to the extent prohibited by Applicable Law;
 g. (1) receive, or attempt to receive, funds from both us and another user for the same Transaction during the course of a Claim; (2) conduct your business or use the SotaEx Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to us, other users, third parties, or yourself; and (3) allow your SotaEx Account to have a negative value or quantity of Digital Assets;
 h. provide false, inaccurate or misleading information in connection with your use of the SotaEx Services, in communications with us, or otherwise connected with these Terms;
 i. (1) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the Platform, or replicate or bypass the navigational structure or presentation of SotaEx Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through SotaEx Services; (2) attempt to access any part or function of the Platform without authorisation, or connect to SotaEx Services or any of our servers or any other systems or networks of any SotaEx Services provided through the Platform by hacking, password mining or any other unlawful or prohibited means; (3) probe, scan or test the vulnerabilities of SotaEx Services or any network connected to the Platform, or violate any security or authentication measures on SotaEx Services or any network connected to SotaEx Services; (4) reverse look-up, track or seek to track any information of any other users or visitors of SotaEx Services; (5) take any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of SotaEx Services or SotaEx, or the infrastructure of any systems or networks connected to SotaEx Services; (6) use any devices, software or routine programs to interfere with the normal operation of SotaEx Services or any transactions on SotaEx Services, or any other person’s use of SotaEx Services; or (7) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to us;
 j. modify or adapt the whole or any part of the Platform or combine or incorporate the Platform into another programme or application;
 k. 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;
 l. modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or licence, sub-licence, sell, mirror, design, rent, lease, private label, grant security interests in such SotaEx IP or any part of the intellectual properties, or create derivative works or otherwise take advantage of any part of the SotaEx IP;
 m. 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 SotaEx Services;
 n. (1) use an anonymizing proxy; (2) use any temporary, disposable, self-destructive, or similar email address when opening a SotaEx Account and/or using the SotaEx Services; (3) use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Sites or the SotaEx Services; and (4) take any action that may cause us to lose any of the services from our internet service providers, or other suppliers; 
 o. create, or purport to create, any security over your Fiat Currency or Digital Assets held in any of your SotaEx Account without our prior written consent;
 p. violate, or attempt to violate, (1) any Applicable Law; or (2) ours or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; and/or
17. Representations and warranties
You hereby represent and warrant to us, at all times, the following:
a. all documents and information you provide to us are true, accurate, complete, and up to date in all respects, and may be relied upon by us in determining whether or not you are eligible to access the Platform or to use the SotaEx Services;
b. all decisions made in connection with these Terms were solely and exclusively based on your own judgement and after your own independent appraisal of your financial resources, ability and willingness to take relevant risks and financial objectives;
c. you have full power, authority, and capacity to (1) access and use the Platform and/or the SotaEx Services; and (2) enter into and deliver, and perform your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to, any Product Terms;
d. if you are a corporation, partner in a partnership, or trustee of a trust:
i. the corporation, partnership or trust has and will be operated in a way that is compliant with Applicable Law, and any partnership or trust deeds (or other like documents);
ii. you will notify us immediately if there is any change, by way of resignation, removal, appointment or death, of any of the directors, partners, trustees, settlor(s) or ultimate beneficial owners or any person authorised to operate your SotaEx Account; and
iii. you will inform us immediately if the corporation, partnership, or trust is dissolved either on a voluntary or involuntary basis; 
e. all consents, permissions, authorisations, approvals and agreements of third parties and all authorisations, approvals, permissions, consents, registrations, declarations, filings with any Regulatory Authority, governmental department, commission, agency or other organisation having jurisdiction over you which are necessary or desirable for you to obtain in order to (1) access and use the Platform and/or the SotaEx Services; and (2) enter into and deliver, and perform the Transactions contemplated under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, have been unconditionally obtained in writing, disclosed to us in writing, and have not been withdrawn or amended;
f. these Terms and any agreement entered into pursuant to, or in connection with, these Terms constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms;
g. that you are not a Restricted Person;
h. if you are a legal entity, you are duly incorporated, duly organised, and validly existing under the laws of your jurisdiction and have full power to conduct your business. If you are an individual, you are not less than 18 years old; and
i. your access and use of the Platform and/or the SotaEx Services, your execution and delivery of, and the performance of your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, will not:
i. if you are a legal entity, partner in a partnership or trustee of a trust result in a breach of or conflict with any provision of your constitution, articles of association, partnership agreement, trust deed or equivalent constitutive documents;
ii. result in a breach of, or constitute a default under, any instrument, agreement, document or undertaking to which you are a party or by which you or any of your property is bound or subject; and
iii. result in you, or cause us or any third party to, breach any Applicable Law, decree or judgement of any court, or any award of any arbitrator or those of any governmental or Regulatory Authority in any jurisdiction.
18. Technology disclaimers
18.1. No representation or warranty. SotaEx Services and any information provided on the Sites and the Platform, including Chat Services, 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 Applicable Law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Sites, the Platform, any of your SotaEx Account(s), SotaEx Services, or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free. This could result in the inability to trade on the Platform for a period of time and may also lead to time delays. 
18.2. Suspension of access. We may, from time to time, suspend access to your SotaEx Account and/or the SotaEx Services, for both scheduled and emergency maintenance. We will make reasonable efforts to ensure that Transactions on the Platform are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.
18.3. Content. Although we make reasonable efforts to update the information on the Sites and the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Sites and the Platform, including information in relation to the SotaEx Services, is accurate, complete or up to date.
18.4. Third-party websites. Links to third-party websites (including, without limitation, content, materials, and/or information in the third-party websites) may be provided as a convenience but they are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible or linked from the Platform or the Sites.
18.5. Network Access and Compatibility: You are responsible for obtaining the data network access necessary to use the SotaEx Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the SotaEx Services and Sites and any updates thereto. SotaEx does not guarantee that the SotaEx Services, or any portion thereof, will function on any particular hardware or devices. The SotaEx Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

GENERAL 
19. General terms
19.1. Applicable Law. You and any Permitted User must comply with all Applicable Law, licensing requirements and third party rights (including data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the SotaEx Services, your SotaEx Account and the Platform.
19.2. Notices. We may give notice by email to your Email Account. It is your responsibility to ensure that the Email Account is up to date and accurate. Notices may be given, and are deemed to be received, if sent to your Email Account, whether or not a notice of delivery failure is received.
You may give us notices only as we direct, which may change from time to time. 
Any notices, consent or other communication given under these Terms must be in writing, in English, and signed or otherwise authorised by the party giving it.
19.3. Announcements. All official announcements, news, promotions, competitions and Airdrops will be listed on the Website. These announcements are important, and may relate to issues that may impact the value of your Digital Assets, or their security. You are responsible for monitoring the Website and reading and considering these announcements.
19.4. Entire agreement. The Terms, together with any applicable Product Terms, constitute the whole agreement between you and us with respect to the SotaEx Services. Each party acknowledges that it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Terms or any Product Terms.
19.5. Assignment. You may not assign or transfer any of your rights or obligations under the Terms without our prior written consent, which may, in some cases, require additional information to be provided or enhanced due diligence to be performed. However, we may assign or transfer any of our rights or obligations under the Terms at any time to anyone else, including, without limitation, in connection with any merger, acquisition, or other corporate reorganisation involving SotaEx.
19.6. Invalidity. If, at any time, any clause or sub-clause of the Terms 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.
19.7. Records. You agree that we may record any telephone, email and chat conversations with you, as well as any other forms of communications, including communication used to give Instructions or effect Transactions, between you and us, and that the recordings may be used as evidence in any proceedings relating to any agreement with you. These records will be our sole property.
19.8. Language. These Terms may be translated into a language other than the English language. Any such translation is provided solely for your convenience. In the event of inconsistency or ambiguity, the English text will prevail.
19.9. Third party rights. Other than in relation to SotaEx Affiliates, nothing expressed or referred to in these Terms will be construed to give any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or with respect to these Terms or any clause or sub-clause of these Terms. The Terms and all of its clauses and sub-clauses are for the sole and exclusive benefit of the parties to these Terms and their successors and permitted assigns.
19.10. Survival. All clauses and sub-clauses of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding and operate after the termination or expiration of these Terms.
19.11. Relationship of the parties. SotaEx is not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
19.12. Digital Assets. We record in your SotaEx Account the quantity and type of any Digital Assets that are held to your credit. Digital Assets held by SotaEx to your credit will not be segregated on-chain in different wallets from Digital Assets held to the credit of other users or Digital Assets maintained by SotaEx for operating and business purposes. SotaEx uses an internal ledger to record customer entitlements to the quantity and type of Digital Assets. Each user will have an account which is a ledger-based (off-chain) account (or sub-account) within the SotaEx system with a unique identifier (UID) and associated login credentials, against which the relevant user credit balances are recorded. SotaEx is not a trustee of, and does not owe any trustee duties in relation to, any Digital Assets held to your credit. When you Instruct SotaEx to transfer or otherwise deal with Digital Assets, SotaEx will not use any specifically identifiable Digital Assets to act on your Instructions. Subject to these Terms, SotaEx will use Digital Assets in the same quantity and of the same type as those credited to your SotaEx Account when acting on your Instructions. Similarly, you will not have the right to recover any specific Digital Assets, rather you will have the right to receive the same quantity and same type of Digital Assets as those credited to your SotaEx Account.
19.13. Force Majeure. We will not be liable for any delay or failure to perform as required by these Terms to the extent the delay or failure is caused by a Force Majeure Event.
19.14. No waiver. No delay or omission by us in exercising any right or remedy under the Terms will operate as a waiver of the future exercise of that right or remedy or of any other rights or remedies under the Terms. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights or remedies provided by Applicable Law.
19.15. Set-off. In addition to any legal or other remedy available under the Terms or by law, we may set-off any amounts you owe to us under the Terms or otherwise. You must pay all sums that you owe to us free and clear without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by Applicable Law.
19.16. Privacy of others. If you receive information about another user through the Platform or from utilising the SotaEx Services, you must keep the information confidential and only use it in connection with the SotaEx Services and always in accordance with Applicable Law. You must not disclose or distribute any user information to a third party or use the information in any manner except as reasonably necessary to effect a Transaction.
19.17. Publication of breaches. Where you have breached these Terms, SotaEx may publish, or otherwise provide its users with details of the breach, including any information that you have provided SotaEx. SotaEx may only do so where it determines that doing so is necessary for the protection of other users, and consistent with Applicable Law.
19.18. Death of SotaEx Account holder. In the event of your death or incapacity, the representative(s) or legal beneficiary/beneficiaries of your estate may give us written notice. If we have reason to believe you have died, we may suspend your SotaEx Account. Your SotaEx Account will be suspended until: 
a. a representative of your estate or authorised beneficiary completes a successful inheritance application to receive the assets in your SotaEx Account in accordance with our requirements which may be amended from time to time without notice; ; or
b. you provide satisfactory proof that you are not deceased. 
Our ability to provide your representative(s) with the assets in your SotaEx Account is subject to the restrictions imposed by Applicable Law and these Terms. We do not commit to any particular timeline for the transfer of assets held to the credit of your SotaEx Account.

India Local Terms (Addendum)

For users located in India, the following additional terms apply and prevail to the extent of any conflict with the Terms above: