# Introduction

Thank you for choosing MYKOBO.

MYKOBO is brought to you by MYKOBO sp. z.o.o., legal entity code 0001133842, registered office address ul. Bartycka 22B/21A, Warsaw 00-716 Poland hereinafter referred to as "the Company".

The following terms and conditions of use hereinafter referred to as the "Terms of Service” apply to all users of MYKOBO.

MYKOBO is a [VASP](/definitions/vasp) supervised by[ GIFI](/definitions/gifi).

You should read these Terms of Service to determine which provisions apply to you. These Terms of Service should be read in conjunction with the [Privacy Policy](https://privacy.mykobo.co/).&#x20;

By using any of the services, functions, or features offered on MYKOBO (collectively or individually,  the “Services”), the user (referred to herein as “you” or “your”) agrees to these Terms of Service, you and the Company being a "Party" and collectively, the "Parties".

These Terms of Service constitute the entire agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them, between you and the Company.

In particular, please note that all transactions involving MYKOBO may be subject to transaction fees levied by MYKOBO.

In the event of any inconsistency between these Terms of Service and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained within MYKOBO, these Terms of Service shall prevail.

By using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Use, as updated and amended from time to time. If you do not agree to be bound by these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services, and if you do use any of the Services you will be bound by the Terms of Service, as amended; your only recourse in the case of your unwillingness to be bound by these Terms of Service is to stop using all of the Services.

These Terms of Service may be amended, changed, or updated by MYKOBO at any time and without prior notice to you. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.

The use of MYKOBO and any Services is void where such use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.

These Terms of Service has been prepared in accordance with legislation related to the prevention of Money Laundering and Terrorist Financing.


# Countries

These are the list of countries supported or prohibited by MYKOBO.


# Allowed

<table data-view="cards"><thead><tr><th></th></tr></thead><tbody><tr><td>Australia</td></tr><tr><td>Austria</td></tr><tr><td>Belgium</td></tr><tr><td>Bulgaria</td></tr><tr><td>Canada</td></tr><tr><td>Croatia</td></tr><tr><td>Czech Republic</td></tr><tr><td>Denmark</td></tr><tr><td>Estonia</td></tr><tr><td>Finland</td></tr><tr><td>France</td></tr><tr><td>Germany</td></tr><tr><td>Greece</td></tr><tr><td>Gibraltar</td></tr><tr><td>Hungary</td></tr><tr><td>Iceland</td></tr><tr><td>Ireland</td></tr><tr><td>Italy</td></tr><tr><td>Latvia</td></tr><tr><td>Liechtenstein</td></tr><tr><td>Lithuania</td></tr><tr><td>Luxembourg</td></tr><tr><td>Montenegro</td></tr><tr><td>Netherlands</td></tr><tr><td>New Zealand</td></tr><tr><td>Norway</td></tr><tr><td>Poland</td></tr><tr><td>Portugal</td></tr><tr><td>Romania</td></tr><tr><td>Slovakia</td></tr><tr><td>Slovenia</td></tr><tr><td>Spain</td></tr><tr><td>Sweden</td></tr><tr><td>Switzerland</td></tr><tr><td>United States</td></tr></tbody></table>


# Prohibited

<table data-view="cards"><thead><tr><th></th></tr></thead><tbody><tr><td>Afghanistan</td></tr><tr><td>Albania</td></tr><tr><td>American Samoa</td></tr><tr><td>Angola</td></tr><tr><td>Armenia</td></tr><tr><td>Barbados</td></tr><tr><td>Belarus</td></tr><tr><td>Burkina Faso</td></tr><tr><td>Cambodia</td></tr><tr><td>Cayman Islands</td></tr><tr><td>Central African Republic</td></tr><tr><td>Chad</td></tr><tr><td>Comoros (the)</td></tr><tr><td>China</td></tr><tr><td>Cuba</td></tr><tr><td>Democratic People's Republic of Korea (DPRK)</td></tr><tr><td>Democratic Republic of the Congo</td></tr><tr><td>Equatorial Guinea</td></tr><tr><td>Fiji</td></tr><tr><td>Gabon</td></tr><tr><td>Guam</td></tr><tr><td>Guinea-Bissau</td></tr><tr><td>Haiti</td></tr><tr><td>Hong Kong</td></tr><tr><td>India</td></tr><tr><td>Iran</td></tr><tr><td>Iraq</td></tr><tr><td>Israel</td></tr><tr><td>Jamaica</td></tr><tr><td>Jordan</td></tr><tr><td>Kazakhstan</td></tr><tr><td>Kyrgyzstan</td></tr><tr><td>Lao People's Democratic Republic (the)</td></tr><tr><td>Lebanon</td></tr><tr><td>Libya</td></tr><tr><td>Mali</td></tr><tr><td>Mexico</td></tr><tr><td>Morocco</td></tr><tr><td>Mozambique</td></tr><tr><td>Myanmar</td></tr><tr><td>Nicaragua</td></tr><tr><td>North Korea</td></tr><tr><td>Pakistan</td></tr><tr><td>Palestine</td></tr><tr><td>Panama</td></tr><tr><td>Philippines</td></tr><tr><td>Russia</td></tr><tr><td>Samoa</td></tr><tr><td>Senegal</td></tr><tr><td>Somalia</td></tr><tr><td>South Sudan</td></tr><tr><td>Sudan</td></tr><tr><td>Syria</td></tr><tr><td>Trinidad and Tobago</td></tr><tr><td>Turkey</td></tr><tr><td>Uganda</td></tr><tr><td>Ukraine</td></tr><tr><td>Ukraine (Crimea, Donetsk, Luhansk, Kherson and Zaporizhzhia)</td></tr><tr><td>U.S. Virgin Islands</td></tr><tr><td>Uzbekistan</td></tr><tr><td>Vanuatu</td></tr><tr><td>Yemen</td></tr><tr><td>United Kingdom</td></tr><tr><td>Venezuela</td></tr><tr><td>Zimbabwe</td></tr></tbody></table>


# Virtual Currency Transactions

By signing up and using the MYKOBO service you are confirming the following.

* You are operating on your own behalf and not acting on behalf of any other person or entity.
* You understand that [virtual currencies](/definitions/virtual-currency) are not [fiat](/definitions/fiat).
* You understand that the use of [virtual currencies ](/definitions/virtual-currency)is [risky](/definitions/risks-and-limitation-of-liability).


# VASP

Virtual Asset Service Provider (VASP) – means a legal entity established in Poland, or a branch of a legal entity of a Member State of the European Union or a foreign country established in Poland

A VASP facilitates activities with virtual assets, such as cryptocurrencies. VASP Activities include exchanging virtual assets for fiat currency, exchanging fiat currency for virtual assets and transferring virtual assets.

VASPs are subject to anti-money laundering (AML) and counter-terrorist financing (CTF) regulations, including customer due diligence and suspicious activity reporting (SAR).


# GIFI

GIFI - means the General Inspector of Financial Information.

GIFI is assisted by the Polish Financial Information Department of the Ministry of Finance. The GIFI, together with the Department, is considered a Polish financial intelligence unit - FIU as defined in the regulations of the European Union.


# Law

Law – means the Law on the Prevention of Money Laundering and Terrorist Financing of Poland (as subsequently amended and supplemented);


# Money Laundering

Money Laundering – means:

* a change in the legal status of assets or a transfer of assets, knowing that it is derived from, or through being involved in, a criminal activity, for the purpose of concealing or disguising the illicit origin of the assets or of assisting any person involved in a criminal activity to avoid the legal consequences of that activity;
* concealing or disguising the true nature, provenance, source, location, disposal, movement, ownership or other rights in respect of assets, knowing that the assets is the proceeds of, or have been derived from involvement in, criminal activity;
* the acquisition, possession or use of assets, knowing at the time of acquisition (transfer) that the assets have been obtained from, or through being involved in, criminal activity;
* preparing, attempting to commit, aiding or abetting any of the offences referred to above.


# Terrorist Financing

Terrorist Financing - means an activity which is deemed to be a criminal offence under Article 2 of the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999.


# Economic Sanctions

Economic Sanctions - means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any Laws applicable to you or the Company.


# Fiat

Fiat - means the money or currency of any country or jurisdiction that is:

* designated as legal tender
* circulated, customarily used, and accepted as a medium of exchange in the country or jurisdiction of issuance;


# Natural Person

Natural Person - means a person that is an individual human being, as opposed to a legal person.


# Legal Person

Legal Person - means a private or public business entity or non-governmental organisation.


# Virtual Currency

Virtual Currency – means an instrument with a digital value, but without the legal status of currency or money, which is not issued or underwritten by a central bank or other public authority, and which is not necessarily linked to a currency, but which is recognised by natural or legal persons as an exchange instrument and which can be transferred, kept and traded by electronic means.


# Virtual Currency Address

Virtual Currency Address  - means an alphanumeric identifier that represents a potential destination for a Virtual Currency transfer, which typically is associated with a user’s Virtual Currency Wallet.


# Virtual Currency Wallet

Virtual Currency Wallet - means a software application (or other mechanism) that provides a means for holding, storing, and transferring Virtual Currency, including a user’s Virtual Currency Address, Virtual Currency balance, and cryptographic keys;


# Reserves

Reserves - means traditional fiat currency such as the Euro.


# EURC

{% hint style="info" %}
The company issues and redeems EURC. EURC may be used, kept, or exchanged online wherever parties are willing to accept EURC.
{% endhint %}

{% hint style="info" %}
EURC is 100% backed by reserves of the Company.&#x20;
{% endhint %}

{% hint style="info" %}
EURC is denominated in a range of the Euro fiat currency.
{% endhint %}

{% hint style="info" %}
When you purchase 100 EURC, your EURC is 1-to-1 pegged to the Euro fiat currency. The company holds reserves valued at €100.00 to back your EURC, although EURC is not fiat itself.
{% endhint %}

{% hint style="info" %}
In order to cause EURC to be issued or redeemed directly by the Company, you must be a verified customer of the Company. There are no exceptions to this provision.
{% endhint %}

{% hint style="info" %}
The right to have EURC redeemed or issued is a contractual right personal to you.
{% endhint %}

&#x20;More information on EURC maybe found by following the link below:

{% embed url="<https://eurc.mykobo.co>" %}


# Withdrawals and Deposits

In the course of processing and sending any withdrawals, or when processing and receiving deposits, MYKOBO may be required to share your user information with other contractual third parties, including financial institutions, or as required under applicable Laws or demanded upon a lawful request by any Government.&#x20;

You hereby irrevocably grant full permission and authority for MYKOBO to share this information with such contractual third parties, or as required under applicable Laws or demanded upon a lawful request by any Government, and release MYKOBO from any liability, error, mistake, or negligence related thereto.&#x20;

You accept all consequences of sending Virtual Currencies, including EURC, off of MYKOBO.&#x20;

Virtual currency transactions are not reversible. Once you send Virtual Currencies to an address, whether intentionally or by a fraudulent or accidental transaction, you accept the risk that you may lose access to, and any claim on, those Virtual Currencies indefinitely or permanently. You acknowledge that MYKOBO may delay or suspend redemption under various circumstances, including but not limited to, in the event that MYKOBO determines that you have engaged in a [Prohibited Use](/prohibited-uses); or when MYKOBO is directed to do so by any Government; if your Virtual Currency Wallet is subject to pending litigation, investigation, or Government proceedings; or when MYKOBO believes that someone is attempting to gain unauthorized access to your Virtual Currency Wallet.


# Risks and Limitation of Liability

Virtual Currencies are subject to high market risks and volatility. Past performance is not indicative of future results. Investments in blockchain assets may result in loss of part or all of your investment. Please do your own research and use caution. You are solely responsible for your actions MYKOBO is not responsible for your investment losses.

Virtual Currencies are also subject to cybersecurity risk, including the risk of a cyberattack or breach. You are solely responsible and liable: for any and all trading and non-trading activity on MYKOBO  and, for knowing the true status of your assets on MYKOBO, even if presented incorrectly by MYKOBO.

You acknowledge and agree:&#x20;

(i) to be fully responsible and liable for your trading and non-trading actions and inactions on MYKOBO and all gains and losses sustained from your use of MYKOBO and any of the Services;&#x20;

(ii) to be fully responsible for safeguarding access to, and any information provided through MYKOBO and any of the Services, including, but not limited to, Virtual Currency Wallet, Virtual Currency Address, usernames, passwords, and bank account details; and&#x20;

(iii) that MYKOBO does not have control of, or liability for, any products or services that are purchased or sold by third parties using MYKOBO and any of the Services.&#x20;

You further acknowledge and agree that MYKOBO is not liable for any losses or issues that may arise from third-party transactions, including, but not limited to, legality (including any consequences for illegal transactions that may be triggered under these Terms of Service), quality, delivery, or satisfaction with any products purchased by means of a Virtual Currency transfer. In the event that you are not satisfied with any goods or services purchased from, or sold to, a third party using the Services, you must handle those issues directly with the third-party seller or buyer, as applicable. Virtual Currencies may be compatible with third-party software or other technology provided by a third party. The company does not guarantee the security or functionality of third-party software or technology and is not liable for losses of Virtual Currencies due to the failure or malfunction of third-party software or technology.


# Intellectual Property

The trademarks, service marks, and trade names, including both word marks and design marks (the "Mark(s)") are the property of the Company or other third parties.&#x20;

You agree not to appropriate, copy, display, or use the Marks or other content without express, prior, written permission from the Company or the third-party owner of the Marks, including without limitation, as a domain name, as social media profile/handle, on a website, in an advertisement, as or in connection with a phone number, as or in connection with an email address, in Internet search results, in meta data or code, or in any other manner;

Unless otherwise indicated, all materials on MYKOBO are copyrighted by, and owned exclusively by the Company ("Copyrights"). The Company reserves all rights in its Copyrights. You agree not to appropriate, copy, display, or use the Copyrights or other content without express, prior, written permission from the Company;

You may link to the homepage of the Company or other pages, provided you do so in a way that is fair and legal and does not damage the reputation of the Company, MYKOBO or EURC. Links may take advantage of said reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of the Company without prior, express, written consent;

MYKOBO may provide certain social media features that enable you to link, send communications, or display certain content from MYKOBO. You may use these features solely as they are provided by MYKOBO. You may not establish a link from any website that is not owned by you, cause MYKOBO or portions of it to be displayed on or by any other site (for example, framing, deep linking, or in-line linking), or otherwise take any action with respect to the materials on MYKOBO that is inconsistent with any other provision of these Terms.

MYKOBO and Services are owned by the Company,its licensors, or other providers, and are protected by copyright, trademark, and other intellectual property or proprietary rights laws in various jurisdictions. All rights not expressly granted to you in these Terms are reserved by the Company. Except as expressly authorized by the Company or its licensors, you will not&#x20;

(a) license, sub-license, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make MYKOBO available to any third party in any way;

(b) copy, modify, republish, distribute, or make derivative works based upon MYKOBO;

(c) “frame” or “mirror” MYKOBO on any other server or wireless or Internet-based device; or&#x20;

(d) reverse engineer or access MYKOBO in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of MYKOBO or Service, or (iii) copy any ideas, features, functions, or graphics of MYKOBO.


# Your Representations and Warranties

You represent and warrant to the Company as follows:

* that, if you are an individual user, you are 18 years of age or older and that you have the capacity to contract under applicable Laws;
* that, if you are registering to use MYKOBO on behalf of a legal entity, (i) such legal entity is duly organised and it's existence is valid under the applicable laws of the jurisdiction of its organisation; and (ii) you are duly authorized by such legal entity to act on its behalf;
* that you understand the risks associated with using MYKOBO, that you are not prohibited or restricted from using MYKOBO and that you are not otherwise prohibited by applicable Laws from using MYKOBO;
* that you will not use MYKOBO in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or blocked property, frozen assets, economic resources, or corruption related to any Person or Government Official under any applicable Laws, or to further any breach of applicable Money Laundering Laws or Terrorist Financing Laws, or to deal in any unlawful Virtual Currencies, Fiat, or proceeds thereof;
* that you will not trade on MYKOBO with anything other than Fiat, funds, or Virtual Currencies that have been legally obtained by you and that belong to you;
* that at your own cost and expense, comply with all Laws that relate to or affect the Services conducted under these Terms of Service, including but not limited to Money Laundering Laws or Terrorist Financing Laws and Economic Sanctions Laws;
* that you consent to any and all tax and information reporting under Money Laundering Laws or Terrorist Financing Laws , Economic Sanctions Laws, or tax Laws, as the Company may reasonably determine;
* that neither you nor any of your close associates shall use any Virtual Currency, Fiat, proceeds or funds subject to the Services of MYKOBO directly or indirectly (i) on behalf of or for the benefit of a Sanctioned Person or any Person subject to the jurisdiction of a Prohibited Jurisdiction, except where authorised under any Government Approval or not restricted by applicable Laws; (ii) in violation of or as prohibited, restricted, or penalized under applicable Economic Sanctions Laws; or (iii) in any way that would violate, be inconsistent with, penalised under, or cause the omission of filing of any report required under applicable Money Laundering Laws or Terrorist Financing Laws , or Economic Sanctions Laws;
* that you have not (i) violated; (ii) been fined, debarred, sanctioned, bee the subject of Economic Sanctions-related restrictions, or otherwise penalised under; (iii) received any oral or written notice from any Government concerning actual or possible violation by you under; or (iv) received any other report that you are the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under, any applicable Laws, including Money Laundering Laws or Terrorist Financing Laws, or Economic Sanctions Laws;
* that neither you nor any of your close assocites is: (i) itself or owned or controlled by a Sanctioned Person; (ii) involved in any transaction, transfer, or conduct, whether or not by using or receiving the Services from any Virtual Currency Wallet or Virtual Currency Address, that is likely to result in you or your close associates becoming a Sanctioned Person; or (iii) residing or domiciled in, or transferring Virtual Currency, Fiat, or funds to, from, or through any Virtual Currency Wallet, Virtual Currency Address, or other account in, a Prohibited Jurisdiction or Government or Government Official of a Prohibited Jurisdiction;
* that neither you nor any of your close asociates has directly or indirectly offered, promised, given, or authorised any payment, or offered, promised, given, or authorised the giving of anything else of value, including any Virtual Currency, to a Government Official or individual employed by another entity in the private sector in violation of any applicable Laws;
* that you will not falsify any Virtual Currency Wallet registration or administration details provided to MYKOBO;
* that you will not falsify or materially omit any information or provide misleading or inaccurate information requested by MYKOBO in the course of, directly or indirectly relating to, or arising from your activities on MYKOBO or use of any Services, including at registration or during administration or other due diligence processes, and that if any information provided to MYKOBO becomes incorrect, you will promptly provide corrected information to MYKOBO;
* that any instructions received or undertaken through your login credentials or from your authorised e-mail address on file with MYKOBO are deemed to be valid, binding, and conclusive, and that MYKOBO may act upon those instructions without any liability or responsibility attaching to it;
* that you will fairly and promptly report all income associated with your activity on MYKOBO pursuant to applicable Laws and pay any and all taxes exigible thereon; and
* that you will accurately and promptly inform MYKOBO if you know or have reason to know whether any of the foregoing representations or warranties no longer are correct or becomes incorrect.


# Due Diligence

MYKOBO takes measures to identify and verify a user's identity before entering into a business relationship in the following cases:

* before performing Virtual Currency exchange operations or transactions in Fiat or Virtual Currency.
* before depositing or withdrawing Fiat or Virtual Currency.
* where there are doubts about the correctness or authenticity of the identification data previously obtained.
* where there is a suspicion that a Money Laundering or Terrorist Financing transaction is being, has been or will be carried out.   MYKOBO will request this information in order for you to be able to complete or clarify the desired transaction.

Identity data may include:

* your first name
* maiden name (where applicable)
* last name
* username or similar identifier
* marital status
* title
* nationality
* date of birth
* gender
* photographic likeness
* identity card and/or passport number.

Contact data may include:

* address, may also be your billing address
* email address
* contact number (telephone and/or mobile)
* your preferences in receiving marketing from MYKOBO or third parties
* your communication preferences (email or phone)

Financial data may include:

* your bank account and payment details

Money Laundering, Terrorist Financing and Know Your Customer (KYC) data may include:

* Sanctions screening
* KYC database checks
* Fraud database checks
* Any documentation or information which we may ask for from time to time

MYKOBO applies a risk-based approach to Money Laundering and Terrorist Financing and as such will:

* endeavour to establish whether a user is a Politically Exposed Person.
* update the documents, data and information provided by a user periodically.
* screen users against the sanctions lists of the United Nations Security Council, Office of Foreign Assets Control (OFAC) and the United States Department of the Treasury amongst others.
* report suspicious transations to the FCIS.


# Transaction Monitoring

MYKOBO performs continuous monitoring of operations and transactions in order to:

* provide the best service possible
* identifying suspicious operations and transactions
* reporting suspicious operations and transactions
* protect the Virtual Currency Wallet of users
* allow users to have retrospective monitoring and analysis of transactions over a period of time


# Politically Exposed Persons

Politically Exposed Persons – means natural persons who are or have been entrusted with prominent public functions, and their Immediate Family Members or Close Associates.


# Prohibited Uses

You may not use MYKOBO :

* in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable Laws, or to transact or deal in, any contraband Virtual Currencies, Fiat, funds, property, or proceeds;
* &#x20;if any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, prohibit, penalize, sanction, or expose MYKOBO to liability for any Services furnished or offered to you under these Terms of Service;
* to facilitate, approve, evade, avoid, violate, attempt to violate, aid or abet the violation of, or circumvent any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws;
* to evade taxes under the Laws of any jurisdiction(s) applicable to you or MYKOBO;
* with anything other than Fiat, funds, or Virtual Currencies that have been legally obtained by you and that belong to you;
* to interfere with or subvert the rights or obligations of MYKOBO or the rights or obligations of any other third party or cause legal liability for MYKOBO or other MYKOBO users;
* or any other service or tools to take advantage of any technical glitch, malfunction, failure, delay, default, or security breach on MYKOBO;
* to engage in conduct that is detrimental to MYKOBO or any other third party;
* to engage or attempt to engage in wash trading, spoofing, fictitious trading or price manipulation;&#x20;
* to enter orders or quotes in any market with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of transactions;&#x20;
* to enter orders or quotes in any market with the intent of creating the false impression of market depth or market interest;
* to falsify any account, Virtual Currency Wallet, or Virtual Currency address registration, exchange, or administration details provided to MYKOBO, impersonate another person or misrepresent your affiliation with a person;
* to falsify or materially omit any information or provide misleading or inaccurate information requested by MYKOBO, including at registration or during the course of administering any Services to you;
* to cause injury to, or attempt to harm, MYKOBO or any third party through your access to the MYKOBO or any Services;
* and have more than  one Virtual Currency Wallet on MYKOBO, or use any Virtual Currency Wallet on a one-time, ‘throwaway’ basis; any such additional Virtual Currency Wallet or one time ‘throwaway’ Virtual Currency Wallet may be terminated or suspended at the absolute discretion of the Company;
* where you are subject to prohibitions or restrictions and use any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location, and  cause a violation of, or conspire or attempt to violate these Terms of Service or applicable Laws.
* where any use, whether actual or suspected, shall constitute a “Prohibited Use”. If the Company determines that you have engaged in any Prohibited Use, the Company may address such Prohibited Use through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to any Government, law enforcement, or other authorities, without providing any notice of you about any such report; confiscation of any Virtual Currencie in any Virtual Currency Wallet that you have on MYKOBO; and, suspending or terminating your access to any and all Services may, at its sole and absolute discretion, seize and deliver your Virtual Currency assets to any applicable Government, law enforcement, or other authorities where circumstances warrant. In addition, should your actions or inaction result in the imposition of economic costs to the Company, you shall pay an amount to the Company make the Company whole, including without limitation, the amount of taxes or penalties that might be imposed on the Company; the Company reserves the right to refuse registration to, to bar transactions from or to suspend or terminate the administration of Services, for or with, any user for any reason (or for no reason) at any time, including but not limited to any limitations imposed by applicable Laws. Without limiting the generality of the foregoing, this includes, but is not limited to, any transfer, transaction, business, or dealing with a: (i) Sanctioned Person, (ii) a Person from or in jurisdictions that does not meet international AML–CTF standards (including any jurisdiction identified by the FATF as high-risk, non-cooperative, or strategically deficient jurisdictions, or jurisdictions under increased monitoring; (iii) Person that is a Government Official or Politically Exposed Person within the meaning of the FATF’s 40 Recommendations; (iv) Person that presents a risk of any exposure to penalties, sanctions, or other liabilities under AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, or tax Laws that may apply; (v) Person that the Company determines is acting in violation of, causing any other Person, including any of the Associates, to violate, attempting or conspiring to violate, or evading or circumventing these Terms of Service or applicable Laws; and (vi) any Person that fails to meet any user due diligence standards, requests, or requirements of the Company, or otherwise appears to be of high risk, including but not limited to any of the foregoing factors. In lieu of refusing registration or ongoing administration of your Virtual Currency Wallet, the Company may perform enhanced due diligence procedures. At all times, you may be subject to enhanced due diligence procedures in your use of MYKOBO. If you decline to provide requested due diligence information or otherwise do not reply timely or substantively with the documentation or data requested, the Company has the absolute discretion to suspend or terminate Services to you immediately.


# Disclaimer of warranty

MYKOBO makes no representations, warranties, or guarantees to you of any kind. MYKOBO and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.

MYKOBO may also provide access to features or services that are identified as “beta” or pre-release. Without limiting the preceding sentences in this paragraph, you understand that such services are still in development, may have bugs or errors, may be feature incomplete, may materially change prior to a full commercial launch, or may never be released commercially.

MYKOBO does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.

MYKOBO does not provide warranty:

* for any inaccurate, misleading, or incomplete statement regarding your Virtual Currency Wallet, whether caused by MYKOBO’s negligence or otherwise;
* any failure, delay, malfunction, interruption, or decision (including any decision by MYKOBO to vary or interfere with your rights) by the Company in operating MYKOBO or providing any Service;
* any stolen, lost, or unauthorized use of your Virtual Currency Wallet information, any breach of security or data breach related to your Virtual Currency Wallet information, or any criminal or other third party act affecting MYKOBO;
* or offer, representation, suggestion, statement, or claim made about MYKOBO or Services;
* regarding any delay in withdrawal or redemption, or loss of value of EURC or the Reserves backing EURC resulting from failure or insolvency of any bank, depository, custodian, borrower, or payment processor holding or processing the assets backing EURC, or from the theft of such assets, or from freezes, seizures, or other legal process asserted by a Government;&#x20;
* or another Person using your Virtual Currency, Virtual Currency Wallet, MYKOBO account or password, with or without your knowledge.
* or waiver for any failure by MYKOBO to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by MYKOBO in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by MYKOBO does not prevent either from exercising any other rights, powers, or remedies.
* against Force Majeure, MYKOBO (or any bank, depository or service provider where our deposit accounts are held or Reserves are handled) is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes or labor disputes; riots; embargoes; floods; bank failures; Virtual Currency market collapse or fluctuations; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; Internet disruptions, viruses, and mechanical, power, or communications failures; security breaches or cyber attacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against or that are otherwise outside of MYKOBO's control. In the event of force majeure, MYKOBO is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.

These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of the Company. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by the Company without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.

If any provision of these Terms of Service or part thereof, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision to the extent of its illegality, unenforceability, invalidity, or if it is void, as may be, and everything else in these Terms of Service continues in full force and effect.

From time to time, MYKOBO receives information requests from law enforcement agencies around the world. In this context, MYKOBO might be ordered to share and/or will provide on a voluntary basis, if this appears reasonable and necessary, your Personal Information with/to law enforcement agencies and/or a Government. You hereby consent to the sharing of your Personal Information as further detailed in these Terms of Service, the [Privacy Policy](https://privacy.mykobo.co/).


