SmashFi Terms of Use

Main Contents of the Terms of Use

1. These terms and conditions aim to define the rights, duties, and responsibilities between the company and the member regarding the use conditions and procedures of the services provided by SMASHFI LLC (hereafter referred to as "the Company") including
   Smashfi and all related services (hereafter referred to as "Service").
2. When a visitor logs into the company's mobile/web page or application by clicking on 'Log in with Binance', 'Log in with OKX', or
   ‘Log in with any third-party service’, all investment, deposit, and withdrawal activities carried out during that login period are deemed to be based on the genuine intention of the member associated with the chosen exchange account. This method allows any
   user with an existing account on either of the mentioned exchanges to easily access and use Smashfi without the need for
   separate login credentials. Therefore, members must ensure the security of their exchange accounts. Members should be
   cautious of potential financial accidents or criminal damages that could arise from personal information leaks due to their
   negligence.
3. Digital assets (regardless of the name, including Cryptocurrency, Virtual Currency, Digital Currency, Digital Assets, Crypto Assets, Digital Tokens, Coins, etc.) have no issuing entity. Therefore, no third party, including the Company, guarantees its value or
   payment. Thus, the value of digital assets can be very volatile due to laws, policies, legal interpretations, and economic environments in countries worldwide. Especially, the interpretation of legal acts related to digital asset transactions varies from country to
   country, so members must be aware of this inherent risk.
4. After logging into Smashfi using their exchange account credentials, members have the capability to create e-wallets within
   Smashfi. However, the transfer of funds is restricted exclusively between the member's own exchange account e-wallet and the
   e-wallets established within Smashfi. Requests for transactions involving any other external e-wallets beyond the member's own
   exchange account are strictly prohibited. The service permits members to invest in digital assets and facilitates the movement of
   these digital assets between the member's e-wallet within Smashfi and their e-wallet on the linked exchange account. While the
   company offers functionalities such as the creation of e-wallets and their integration with specific approved platforms for user
   convenience, the ownership, rights, and responsibilities tied to the e-wallet rest entirely with the member.
5. Members using Smashfi for digital asset investment, withdrawal, deposit, and other services provided by the company may be
   charged a fee.
6. When a member utilizes Smashfi's services to transfer or receive digital assets, the transaction takes place within the exchange's
   ledger, as the e-wallets created by members on Smashfi are effectively sub-accounts of Smashfi's corporate account at the
   exchange. Consequently, the movement of digital assets is considered an internal transfer, and there is typically no fee associated with such transfers. However, the absence of fees for these internal transfers is subject to the policies of the exchange and may
   be subject to change. It's important to note that because these transactions occur internally within the exchange, they are not
   recorded on the broader blockchain network and thus aren't verifiable by digital asset users worldwide.
7. The company strives to provide service 24/7, 365 days a year. However, this may vary in certain situations.
8. Recently, there have been cases where digital assets are used as a means for phishing, smishing, farming, and other
   telecommunication financial scams. Therefore, members should be cautious about potential damages.
9. In case of illegal activities by a member causing damage to the company, the company has the right to claim legal compensation.
10. Digital asset transactions are conducted on exchanges located in various countries. Therefore, members should evaluate the
    value of the target digital assets and conduct transactions based on their own responsibility and judgment, comparing the market
    rates on our service with those on other exchanges at their own expense.
11. Our company is not a telecommunications business operator. We are not responsible for, nor will we compensate or indemnify for, any damages to members caused by telecommunication service providers, member's faults, or issues on the blockchain that
    underlies digital assets unrelated to our company's operations.
12. The company may conduct server maintenance at any time to ensure the stable provision of services. Members can use the
    digital asset investment and withdrawal services after the server maintenance has been completed. If access to the Smashfi
    mobile/website becomes unavailable due to urgent maintenance, the reasons for the maintenance and its progress will be notified through the Smashfi blog (https://blog.smashfi.me)
13. Our company prohibits individuals under the age of 18 from using our services. If we discover that a minor has registered as a
    member, we reserve the right to revoke their membership without prior notice or consent.
14. The company provides investment returns only on the digital assets deposited by the members. Returns are not provided for
    digital assets that the company does not handle.
15. In relation to the investment services provided by the company to members, the company does not guarantee the return of the
    principal amount (original investment) of the digital asset. To pay investment returns on the digital assets deposited and invested
    by members, the company can trade these digital assets internally through our trading team or outsource or lend them to
    partner companies with whom we have contracts.
16. Our company is neither a bank nor a financial institution. As such, digital assets that members invest (or lock up) are not protected by any legal jurisdiction.

Terms of Use

Article 1 (Purpose)

• These terms and conditions aim to define the rights, obligations, and responsibilities of the company and its members, as well as other necessary matters regarding the use conditions and procedures of Smashfi (https://smashfi.me) and related services
  (hereafter referred to as the "Service") provided by SMASHFI LLC (hereafter referred to as the "Company").
• Article 2 (Specification, Effect, and Amendment of the Terms)

1. The Company shall notify users of the content of these terms and conditions via the Smashfi homepage's initial or connected
   screen. These terms come into effect when a user agrees to them during the membership registration process.
2. The Company may amend these terms and conditions as necessary within the bounds of relevant laws.
3. When the Company amends these terms, the changes will be announced through the method mentioned in paragraph 1, starting
   from 7 days before the implementation date. However, if the amendment is unfavorable to the member, the Company will notify at least 30 days in advance via the Smashfi homepage's initial screen or the email address provided by the member.
4. If the Company, in its notification of the amended terms, clearly states that it will consider the member's agreement as given if the member doesn't express any refusal within 7 days (or within 30 days if the changes are unfavorable), and the member does not
   expressly refuse, the Company will assume that the member has agreed to the amended terms.
5. If a member does not agree to the amended terms, they can terminate the usage agreement according to Article 14, Paragraph 1. Separately, the Company may also process the member's withdrawal.

Article 3 (Provisions Outside of the Terms)

• For matters not specified in these terms, the related laws of Saint Vincent and the Grenadines, general commercial practices, or
  the Company's individual service terms, operating policies, and rules (hereafter referred to as "Detailed Guidelines") will apply.
  Furthermore, if there's a conflict between these terms and the Detailed Guidelines, the Detailed Guidelines will prevail.

Article 4 (Definition of Terms)

• The definitions of the terms used in this chapter are as follows (in this chapter and throughout this agreement, terms are defined
  as in Article 13). If a term isn’t defined in this section, it follows the definition typically used in the same industry of the business the Company operates in. However, if there is no legal definition in Saint Vincent and the Grenadines concerning digital assets, the
  definitions of terms in this section do not guarantee legal interpretation or the nature of digital assets. Even in a dispute involving
  the parties to this agreement, governmental and judicial institutions in Saint Vincent and the Grenadines aren't bound by the
  definitions in this agreement. Please be aware of this.

1. Digital Asset: Information existing electronically on the blockchain network, such as Bitcoin (BTC), Tether (USDT), etc. It's the
   subject of transactions in the Service.
2. Electronic Wallet: Unique information that can identify a user of a digital asset and the unique information the Company allows
   access to a member’s account.
3. Smashfi: A service platform offering digital asset investment services.
4. Exchange: The term 'Exchange' pertains to specific cryptocurrency exchanges that have established formal partnerships with
   Smashfi. These partner exchanges not only offer OAuth integration, enabling seamless account creation and connection for users but also provide the capability for sub-accounts under Smashfi's main account. This integrated relationship allows Smashfi users
   to benefit from enhanced accessibility and security within the confines of our service, while also leveraging the advanced
   infrastructure of the partnered exchanges.
5. Hard Fork: All blockchains undergo periodic software updates leading to permanent branching, resulting in the blockchain splitting into two separate chains. All digital assets on the original blockchain can grant its holders a new type of digital asset ("New Digital Asset").
6. Member: An individual who enters into an agreement with the Company according to these terms and uses the services provided by the Company.
7. Investment Profits: Compensation paid on the digital assets invested by the member. It's a portion of the profits the Company
   earns from operations, paid daily and automatically based on the size of assets invested by the member. It's paid in the same
   digital asset the member invested.

Article 5 (Content of the Service)

1. The Company provides the Service to members through the Company’s website and mobile/web page.
2. In addition to the Service, the Company can provide the following services: ① Information related to digital assets ② Services
   related to investing, depositing, and withdrawing digital assets ③ Providing information on electronic wallet balances, transaction
   histories, available amount for investing, etc. ④ Other services provided by the Company
3. The Company provides the following electronic wallet services to allow members to use the Service as described in paragraph 1: ① The electronic wallet of a digital asset provided by the Company, which the member has applied to use.
4. Members should use the Service only in ways permitted by the Company. The Company can provide additional services, the
   terms for which are outlined in individual service agreements.

Article 6 (Usage Agreement, etc.)

1. A usage agreement is established when an individual wishing to become a member ("Applicant") agrees to these terms, applies
   for membership, and the Company approves the application. The time of agreement establishment is when the Company
   indicates the completion of the registration process.
2. An applicant can apply for service usage by filling out the Company's provided registration form with the required details.
3. During the application, one must provide their own personal information. If someone uses another person’s information or
   provides false information, they cannot claim any rights related to service usage and aren't legally protected. If a member registers with false information, the Company can suspend or terminate the service and end the usage agreement. Any damages to the
   Company or third parties due to this false information are entirely the responsibility of the member (or applicant).
4. The Company will typically approve applications for service use. However, the Company can refuse or later terminate the usage
   agreement in the following cases: ① If the applicant previously lost membership due to these terms but has received the
   Company's approval for re-registration. ② If false information is provided during registration or required items on the registration
   form are not filled in. ③ If the application for membership was made to disrupt social order, good morals, or infringe on others'
   rights. ④ Other circumstances where it's deemed necessary by the Company or the applicant doesn't meet the Company's 
   requirements for service usage.
5. The Company can delay approval for service use in the following cases: ① If there isn't enough service facility capacity. ② If there are technical issues. ③ Other circumstances where the Company deems it necessary based on reasonable judgment.

Article 7 (Account Creation)

1. The term 'account (ID)' in Smashfi refers to a unique identifier, typically displayed as an email address, used to recognize a
   member within the Service. Members with existing accounts on Exchange can effortlessly establish an account with Smashfi via a one-click OAuth integration. No password is required during the initial registration. However, members will be prompted to provide their email address. This is essential as all service-related announcements and updates will be communicated through email.
   Once a member consents to these terms and registers their account, the only identity verification required is email address 
   confirmation. Upon successful email verification, an account is then established following the company's approval process.
2. When creating an account to use the service, members must provide their genuine information. Members are not allowed to
   impersonate others or violate any laws by doing something similar. The Company can request real-name or identity verification
   within the bounds allowed by law to check the authenticity of provided information.
3. For certain services offered by the Company, members might be required to agree to specific terms detailed in guidelines. In such cases, members can freely agree to individual service terms using one account and use individual services within the scope of
   their agreement.
4. Upon agreeing to these terms and joining Smashfi, members are required to complete an identity verification solely through email verification. This streamlined approach is due to our service model, which only allows individuals who already possess an account with a partner Exchange to create an account at Smashfi. Notwithstanding, the Company may, at its discretion, request additional KYC verification at a later time. In such cases, users are obliged to provide the relevant personal information.

Article 8 (Account Management)

1. An account can only be used by the respective member and, under no circumstances, should it be allowed for use by another
   person. Members must directly manage their account information to ensure others don't unauthorizedly access their accounts. If
   unauthorized usage is detected, members must immediately notify the Company. The Company can take immediate measures
   like suspending account use. The Company is not responsible for any damages arising from a member's failure to notify
   immediately about unauthorized use.
2. Members can view and modify their information through settings within the service. However, some details crucial for service
   provision and management and personally identifiable information, might not be editable. Members must update any changes in
   the information they've given or notify the Company about updates via email or customer service. The Company isn't responsible
   for damages caused by members' failure to do so.
3. When accessing a member's account, the Company considers the user to be a member without additional verification, as long as
   the details match the company's records.
4. If members lose access to information or discover unauthorized use or exposure to third parties, they must immediately inform the Company. Members should be cautious as they might bear liability for damages arising from illegal activities using their account
   information.
5. All responsibilities for any issues arising from the loss, leak, unauthorized use, or exposure of a member's account information or other access details rest with the member, except in cases of the Company's intentional or severe negligence.
6. Members bear any disadvantages that arise from not updating their service information, despite the Company notifying them
   based on the details provided during their service application.

Article 9 (Digital Asset Deposit, Withdrawal, and Investment Service)

1. Members can deposit digital assets that are supported by the Service into their respective digital asset deposit addresses.
2. The Company only pays investment returns on the digital assets deposited by members. Profits aren't paid on digital assets that
   the Company doesn't handle.
3. Members have the privilege to withdraw assets from their electronic wallets at their discretion, barring exceptional circumstances
   such as mainnet updates. When assets are allocated to investment products, withdrawals can be made once both the principal
   and profit have been repatriated to the member's electronic wallet upon request. While members can seek redemption of assets
   across all investment offerings at any given time, certain products may carry distinct redemption policies, prohibiting withdrawals
   until the investment period concludes.
4. For withdrawals, members will receive the exact requested amount without any deductions, as Smashfi does not impose a
   withdrawal fee. This is due to our policy that permits withdrawals solely to a member's own Exchange account's electronic wallets, facilitated through the Exchange's internal transfer mechanism. Any changes or updates to our service policies can be reviewed in the Service Guidebook (Link).
5. When transferring digital assets between the member’s Exchange account and Smashfi account, members must ensure they
   specify the correct destination even if it’s an internal transfer within the Exchange. Due to the Exchange's policy, certain transfers may be irreversible and could result in the loss of funds. The Company is not responsible for any losses arising from incorrect
   transfer instructions provided by the member.
6. In relation to the investment services provided by the Company to its members, the Company does not guarantee the return of the original principal (initial investment) of the digital asset.
7. To pay the investment returns on the digital assets that members have deposited and invested, the Company can engage in
   proprietary trading through its internal trading team using those assets. Additionally, the Company can entrust or lend the digital assets to partner companies with whom they have entered into agreements for operational purposes.

Article 10 (Service Provision and Modification)

1. The company offers various services accessible via the Internet and mobile. Members can access and use the services through
   mobile/web pages and applications.
2. For certain services based on their nature, the company may request members to agree to separate terms of use or other
   stipulations if there are related legal or technical necessities.
3. The company may send various notices and management messages related to service usage for the purpose of better service
   provision. For Promotional information, separate consent from members will be required before sending.
4. In the event of system errors, including during individual programs within the service, the company can delete erroneous data and restore or display the correct data. In some instances, data might be reverted to the state it was just before the error occurred. If
   incorrect information is displayed during a system error and later changes, the change is due to the correction of the error.
   Members must act based on accurate information.
5. All communication and financial costs incurred while using the service are independent and not related to the company.
6. The company can temporarily interrupt service provision for reasons like system maintenance or technical issues. In such cases, prior notice will be given via 
   the platform’s main page or announcements. However, if there are unavoidable circumstances where prior notification isn't
   possible, the company will inform members afterward.
7. For operational purposes, the company may conduct regular system checks, during which the service might be temporarily
   interrupted or halted. The schedule for these checks will be announced on the platform's main page.
8. The company can modify service aspects for a better experience.
9. When making changes to the service, the company will provide prior notice detailing the changes and their effective date.
   However, if unforeseen circumstances arise where the company cannot provide prior notice, they will inform members afterward.
10. If members disagree with the service changes, they can express their dissent and terminate their service agreement.
11. The company is not obligated to compensate members when making changes to or suspending services unless specified by
    related laws.

Article 11 (Service Usage Method and Precautions)

1. Members are free to use the service unless they: ① Obstruct the company’s service provision or utilize the service in ways not
   approved by the company. ② Unlawfully collect or use other users' data or use the service for business or commercial purposes
   without the company's agreement. ③ Send or post information violating public morals, and laws, or committing illegal acts using
   the service. ④ Violate the laws of any country having jurisdiction over the member.
2. Members cannot transfer, lend, gift, or provide as collateral any rights, debts, or any contractual position with the company related to the service. The company is not liable for any issues arising from such actions.
3. If members violate related laws or any company terms or policies, the company may investigate the breach, temporarily or
   permanently suspend the service, and may restrict the member from rejoining the service.
4. If members do not log in or access the service for a period specified by the law, the company can notify members via registered
   email or other valid means and may either delete or separately store the member's information. If this leads to a lack of essential
   information for service usage, the service agreement may be terminated. Moreover, if members don’t log in to the service for an
   extended period, there's a risk of situations like account theft. To prevent potential damages to the member from such
   circumstances, the company may ask for additional information necessary for the service. Especially if a member hasn’t logged in for more than 12 months, the company can initiate procedures for account suspension.
5. If a member's usage of the company's service violates or is suspected of violating local laws in their place of residence, they must be aware of potential consequences due to their service usage. Particularly, if upon checking the member's residence location, the company determines that the member's service usage is in violation or likely to violate local laws (e.g., initiation of investigations
   by domestic or international investigative agencies related to the member's service usage), the company may immediately initiate account suspension procedures.
6. In the event of a court order, a request for investigative cooperation by an investigative agency, a written request by a government agency for account freezing, or if the company deems account freezing necessary as per its internal regulations, the company
   may freeze the member's account and initiate account suspension procedures without the member's consent.

Article 12 (Usage of Paid Services)

1. The company offers certain services for a fee. For instance, while members can deposit and withdraw assets without any charges, they are subject to management and performance fees for investment products as outlined in the product details.
2. When members use the paid services provided by the company, they must pay the corresponding fees as specified by the
   company.
3. For payment fulfillment, the company can request additional personal information from members. Members must accurately
   provide the requested information. In cases where third-party disclosure is necessary for payment fulfillment, the company will first obtain consent from members and specify this in the company's "Privacy Policy".
4. For services that are deemed complete upon a single use or purchase after payment, no refunds will be given after using such
   services. Moreover, if the company restricts or terminates a member's service due to a violation of these terms, any payment
   made by the member will not be refunded.
5. Notwithstanding the provisions of Paragraph 4, if a member is unable to use the service at all due to the company's fault, the
   company will refund the amount paid by the member.
6. Members can raise objections concerning usage fees. However, objections related to these fees should be raised within one
   month of recognizing the reason for the objection and within three months from the date the reason occurred. If objections aren't
   raised within this period, the member's associated rights will be deemed forfeited.
7. If there is an overcharge or in case of a full refund, the company will process the refund using the same payment method. If a
   refund via the same method is impossible or if there's a partial refund due to service termination, the company will use a different method specified by them.
8. If there's a conflict between the provisions of these terms and individual service agreements, the regulations of the individual
   agreements will prevail.

Article 13 (Service Usage, Modification, and Termination)

1. The company strives to provide its services continuously 24 hours a day, 365 days a year. However, the service might be
   temporarily interrupted for reasons like regular or emergency equipment maintenance or other significant reasons. In such cases, prior notification will be posted on the Smashfi website. In unforeseen service interruptions, the company will restore the service
   as quickly as possible once the situation is assessed.
2. Due to reasons such as the end or modification of contracts with the company's partners, the introduction of new services, etc.,
   the content of the service might change, or the service might be terminated.
3. The company will post any service modifications or terminations on the Smashfi website, individual service screens, or in the
   notice section.

Article 14 (Termination of the User Agreement)

1. If a member no longer wishes to use the service or disagrees with these terms, they can apply for the termination of the service
   agreement at any time by sending a request by email to contact@smashfi.me. The company will process the member's withdrawal
   according to the relevant laws. However, the company is not liable for any damages to the member during the termination
   process, unless it is due to the company's intentional or significant negligence.
2. The company prohibits the use of its services by individuals under the age of 18. Should it be determined that a user under this
   age has registered, the company reserves the right to terminate the account and return the funds to the individual's personal
   exchange account without requiring the member's approval.
3. If a member violates their obligations under these terms or individual service agreements twice or more, or if despite being
   subjected to service interruption or usage restrictions, the conditions for lifting such restrictions are not met, the company can
   initiate the procedures set out in Article 17, Paragraph 1, or notify the member in advance of the intention to terminate the
   agreement after a reasonable period.
4. When the user agreement is terminated, except for cases where member information must be retained according to the relevant
   laws, the company's privacy policy, or internal regulations, the company will delete the member's information. Once the company deletes member information, the member cannot request its provision.
5. Even after the termination of the user agreement, the member can re-apply for a new agreement. However, there may be time
   constraints or other restrictions according to these terms.
6. Termination of the user agreement does not affect claims for damages.

Article 15 (Protection of Personal Information)

• The company endeavors to protect members' personal information according to the laws related to the promotion and protection
  of information networks, personal information protection laws, and other related laws. The protection and use of personal
  information are governed by the relevant laws and the company's separately posted "Privacy Policy". However, the company's
  privacy policy does not apply to linked screens outside those produced by the company.

Article 16 (Service Structure and Associated Fees)

1. Smashfi extends a suite of services that includes investment management, cryptocurrency swapping, deposit, and withdrawal.
2. Transactions facilitated by Smashfi, such as deposits and withdrawals, are exclusively internal transfers between the member's
   exchange account and their dedicated Smashfi sub-account. Since these are internal transfers within partner Exchanges,
   currently no blockchain transaction fees are applicable. However, it's crucial for members to note that while there are no
   transaction fees as of now, this could be subject to change depending on the policies of our partner Exchanges.
3. Regarding the cryptocurrency swap functionality, Smashfi does not impose any fees for each swap request at present. Yet, similar to the internal transfers, the absence of fees for the swap function might also undergo revisions contingent on the policy decisions of our affiliated Exchanges.

Article 17 (Service Precautions)

1. The company can restrict a member's service login in the following cases: ① In case of hacking or fraud incidents. ② In cases
   suspected of identity theft. ③ Other cases where login restriction is deemed necessary due to the company's operational policy.
2. The specifics and details of usage restrictions under this article are determined by the company's operational policies and user
   guidelines.
3. If service usage is restricted or the user agreement is terminated under this article, the company will notify the member according
   to Article 20.
4. Members can object to the usage restrictions according to the company's prescribed procedure. If the company recognizes the
   objection as valid, service usage will be immediately resumed.
5. Service precautions are as follows. Members should check the precautions below and use the service at their own discretion,
   responsibility, and expense: ① The service supports the investment, swap, deposit, and withdrawal of digital assets. The company does not guarantee the value or liquidity of any digital assets under any circumstances. Economic interests arising from digital
   asset transactions are entirely borne by the member. ② The digital asset prices provided by the company to members might
   temporarily differ from actual trading prices due to system errors, information asymmetry, technical constraints, etc. However, the
   company makes its best effort to ensure the accuracy of the digital asset prices it provides. ③ The company does not guarantee
   the authenticity of the personal information of members it holds. However, if the company identifies that the information provided is not accurate, it can immediately suspend the member's service and take corresponding actions. ④ Members might be held legally responsible if their accounts are hijacked by third parties. In such cases, if the member doesn't promptly notify the company, they cannot legally hold the company responsible for damages. If damages occur to the company, the member might bear the liability, unless the hijacking occurred due to the company's intentional or significant negligence. ⑤ The company can truncate digital 
   assets below a set minimum usage unit amount. The company doesn't compensate for any truncated amounts. ⑥
   The telecommunication service being used by the member is unrelated to the company's service. Thus, members should always
   check their telecommunication service's speed and status. If there are communication issues, they should refrain from digital
   asset transactions for safety. ⑦ Advanced criminal groups frequently target digital asset services. While the company takes utmost security precautions, most hacking incidents arise from members' personal negligence, such as using vulnerable Wi-Fi networks, 
   poor account information management, or hacking of personal information stored in cloud services. Members are obligated to
   prevent such crimes by using secure networks, carefully managing passwords, and adequately managing personal information on cloud services. ⑧ The company offers services 24/7 and strives to minimize any inconveniences during the usage process.
   Therefore, it periodically checks its servers to ensure service quality. Announcements are made before regular or temporary
   inspections. ⑨ Despite point ⑧, there might be unforeseen reasons necessitating emergency server checks. In such cases, 
   the Smashfi website might be inaccessible, and the company will announce the reason and progress on its blog (https://blog.smashfi.me). ⑩ During emergency inspections, if there are sudden fluctuations in the digital asset prices or unexpected situations that
   might cause losses to members, the company can take necessary steps to minimize those losses.
6. When the company restricts the usage of a member's account, the member must adhere to the following obligations: ① During
   account suspension, the company will conduct its investigation. The member must actively cooperate with the company's
   investigations. ② After the completion of the internal investigation regarding the account, if it's determined that the user has
   violated this agreement, the company's policies, or relevant laws, the company can restrict the use of the member's account with a 7-day prior notice. The company will notify the member of the reasons for this decision, and the member can present evidence or
   reasons against this decision.
7. Due to the complexities of managing hard-forked digital assets, the support for new digital assets in a member's account is
   entirely at the company's discretion. If the company doesn't officially announce the hard fork, it will not support the new digital
   asset. In this case, all accounts are shown with the remaining digital asset amount, and all benefits arise from the existing digital
   asset.
8. If the company determines that a hard fork is necessary, it can only support the new digital asset and discontinue support for the
   existing digital asset. Before the hard fork, members should withdraw the specific digital asset from their accounts if they want to
   use the new digital asset.
9. The company has no obligation to monitor or maintain the balance of new digital assets issued to members holding the digital
   asset in a hard fork, and the company has no obligation to compensate members for the value of the new digital asset. To receive the new digital asset issued in a hard fork, members need to withdraw the specific digital asset from their accounts before the hard fork. All decisions regarding the hard fork are made solely and absolutely at the company's discretion according to relevant laws.
10. The company is not a bank and it's not a financial company. Hence, digital assets invested (or locked up) by members are not
    protected by deposit protection laws.

Article 18 (Compensation for Damages and Special Agreements)

1. The company does not make any specific agreement or warranty related to the service that is not explicitly stated in this
   agreement. Also, the company does not guarantee the value of any item or digital asset that it has not issued or whose payment it has not guaranteed. Moreover, the company does not guarantee the reliability or accuracy of information, data, or facts posted on the service by members or any other methods.
2. If a member incurs damage due to the company's intent or negligence, the company will compensate the member for the damage according to laws. However, damages caused by events beyond the company's control, such as natural disasters, administrative actions or orders by the government, service outages of telecommunication service providers including the period communication business operator, or any other force majeure event, or due to a member's fault, will not be compensated by the company.
3. If the information provided by a member to the company is untrue, the company can first suspend the service provision and then
   terminate the entire or part of the contract under this agreement. If this results in any damages to the company, it can claim
   compensation from the member.
4. If a member intentionally or negligently violates this agreement, the company's internal rules, policies, or relevant laws, causing
   damage to the company, the company has the right to claim compensation. Therefore, members are strongly advised to comply
   with laws, this agreement, and the company's internal rules when using the company's services.

Article 19 (Limitation of Liability)

1. Content provided in the service is a supplementary tool for service use and does not recommend or imply any investments or
   transactions. The information provided by the content and other information providers may contain errors, delays, and other
   inaccuracies, for which the company and other information providers bear no responsibility.
2. There are inherent risks of losses in investments based on the service and the information obtained from the service. All final
   judgments and responsibilities regarding this lie entirely with the member.
3. Information, opinions, and materials posted by members within the service have no association with the company. Legal
   responsibilities arising from the content of postings lie solely with the members who posted and those who view them. The
   company has no legal obligation to get involved in disputes arising between members or between members and third parties using the service and bears no responsibility related to such disputes.
4. The company is not liable for damages to members caused by unavoidable circumstances such as natural disasters, DDoS
   attacks, IDC failures, line failures of the periodic communication business operator, or similar force majeure events.
5. Within the bounds allowed by relevant laws, the company bears no responsibility for damages to members due to illegal server
   access or other server disruptions by third parties, or unauthorized use of member information unless there is intentional or
   significant negligence on the company's part.
6. The company is not liable for disruptions, service limitations, etc., inevitably caused by defects or technical limitations in the digital asset issuance management system or the nature of digital assets.
7. The company's responsibility is exempted from service provision delays when conducting server checks for service provision,
   including cases described in Article 7.
8. The company is not responsible for service disruptions caused by member's faults.
9. The company bears no responsibility for the reliability, accuracy, and legality of information, data, and facts members post on the
   service.
10. Unless there are specific provisions in relevant laws or there's intentional or significant negligence on the company's part, the
    company bears no responsibility related to the use of free services.
11. If the company faces claims or various objections, including lawsuits from third parties due to a member's illegal or agreement-
    violating actions when using the service, the member must indemnify the company at their own expense and responsibility.

Article 20 (Notifications and Announcements)

• The company will make announcements about important matters related to this agreement and service usage on the initial screen of the Smashfi website or in the blog, and when necessary, can notify by sending emails to the registered accounts.

Article 21 (Dispute Resolution)

• This agreement and service are subject to the laws of Saint Vincent and the Grenadines. Irrespective of a member's nationality or residence, any dispute resolution will be governed by the laws of Saint Vincent and the Grenadines. In situations where the laws
  or Supreme Court rulings of Saint Vincent and the Grenadines do not address matters related to digital assets, precedents or
  established opinions from outside this jurisdiction may be referenced for dispute resolution. In case of disputes between the
  company and members concerning the service, both parties will endeavor to amicably resolve them. If such efforts are
  unsuccessful, the dispute shall be submitted to the High Court of Justice as the competent court of first instance. Members are
  prohibited from initiating litigation in foreign courts or other arbitration entities and by agreeing to this, they acknowledge and
  consent to the same.

Addendum

This Terms of Use becomes effective from October 17, 2023.