Terms and Conditions

  Last Updated: 25.06.2025

1. Introduction

These Terms and Conditions (the “Terms” or this “Agreement”) govern the use of the Ellyx electronic trading platform, including any website used to access the platform (collectively the “Site”), as well as any services provided through it (collectively the “Platform”). Ellyx operates as a platform in multiple jurisdictions, including the Cayman Islands by Ellyx, limited liability company registered in Cayman Islands, address: c/o Hermes Corporate Service Ltd., P.O. Box 31493, George Town, Grand Cayman KY1- 1206, Cayman Islands, and in El Salvador by ELLYX, SOCIEDAD ANÓNIMA DE CAPITAL VARIABLE, address: Calle Llama del Bosque Poniente, Urbanización Madre Selva III, Edificio Avante, Local 3-13, Distrito de Antiguo Cuscatlán, Municipio de La Libertad Este, Departamento de La Libertad, El Salvador, and other regions where it seeks regulatory approval (the “Company”, “Ellyx”, “we”, “us” or “our”). The Terms form a binding agreement between the Company and you, as an individual user (“you”, “your” or “User”) for your individual usage of the Platform.

By using the Platform, the User acknowledges that they have read, understood, and agreed to be bound by these Terms, together with any additional policies or documents incorporated by reference, including the Privacy Policy.

These Terms apply to all Services made available through the Platform. Specific provisions applicable to particular services, including trading and custodial services, are set out in separate sections of this Agreement and form an integral part of these Terms.

2. Disclaimers

NO INVESTMENT, LEGAL, OR PROFESSIONAL ADVICE. The Platform and any Material, content, or information made available through it are provided solely for informational purposes and do not constitute, and shall not be construed as, investment advice, financial advice, legal advice, tax advice, or any other form of professional advice. Nothing contained on the Platform shall be interpreted as a recommendation, endorsement, offer, invitation, or solicitation by the Company to enter into any transaction involving Virtual Assets.

THE COMPANY DOES NOT ACT AS A BROKER, DEALER, FINANCIAL ADVISOR, OR FIDUCIARY FOR ANY USER. Users are solely responsible for evaluating the merits and risks associated with the use of any information or services made available through the Platform, and for making their own independent decisions regarding any transactions involving Virtual Assets.

NO PERSONALIZED RECOMMENDATIONS. The Company and any Third-Party Financial Services Provider do not provide Users with personalized recommendations regarding the nature, potential, value, or suitability of any particular Virtual Asset, portfolio of assets, investment strategy, or transaction. All content or Materials made available through the Platform, including market data and research, are general in nature and not tailored to the investment objectives or financial circumstances of any specific User.

NO SECURITIES OR SECURITY-LIKE INSTRUMENTS. The Platform does not support, list, trade, or custody any securities or any Virtual Assets that may be classified or deemed to constitute securities under the laws of the Cayman Islands, the United States, or any other applicable jurisdiction. The Company, in its sole discretion, may determine that a particular Virtual Asset presents regulatory risk and may therefore choose not to support such asset on the Platform, or to remove it at any time without notice. Users are solely responsible for ensuring that their use of the Platform and any transactions involving Virtual Assets are compliant with applicable law and that they do not engage with any asset that may constitute a security in their jurisdiction.

3. Definitions

Unless otherwise defined or the context otherwise requires, all capitalized terms shall have the meaning given to them in these Terms:

Account: means the account established by a User registered with the Company to use the Platform.

Authorized Individual: means any person that is authorized to access and use the Platform (including the App) on behalf of a User.

Biometric Authentication: means the identity authentication function using biometric credentials including fingerprint, facial recognition or any other biometric data, as we may permit from time to time.

Virtual Asset: means a digital representation of value that can be digitally traded or transferred and can be used for payment or investment purposes but does not include a digital representation of fiat currencies.

Governmental Authority: mean any nation or government or any province or state or any other political subdivision thereof, or any entity, authority or body exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, any court, tribunal or arbitrator, and any self-regulatory organization.

Material: means any offering material, term sheet, market data, research report, product or service documentation or any other information provided through the Platform.

Personal Information: refers to information supplied by a User from which the identity of such User may be directly or indirectly ascertained.

Privacy Policy: means the additional terms and conditions governing the collection, use and disclosure of each User’s Personal Information. Each User must read and agree to the Privacy Policy in order to use the Platform.

Service Notifications: are one-way notifications from the Company (which may include security-related notifications) via text message or emails and, where applicable, push notifications through the Platform. These notifications are sent to the User in respect of certain information or events relating to an account to which an User has access through the Platform.

Third-Party Financial Services Provider: is any third party that offers a trading, fiat- crypto exchange or other financial services account that can be registered and accessed through the Platform.

User: means any person that has registered with the Company to use the Platform and any Authorized Individual acting on their behalf.

User Identification Policy: means the know-your-client policy and procedures adopted by the Company from time to time regarding the User’s access to the Platform.

User Credentials: means the set of user identification, password, personal identification number, token and any other information or device provided to an User to access the Platform.

4. Changes to Terms, Platform, or Services

The Company reserves the right, at any time and at its sole discretion, to make changes, modifications, updates, or amendments (collectively, “Changes”) to these Terms, the Privacy Policy, the Platform, or any of the Services offered through the Platform. Such Changes may include, without limitation, modifications to any features, functions, content, or components of the Platform, or the imposition of new fees, charges, or other conditions for access to or continued use of the Platform or any part thereof.

Changes may be made without prior notice, except where otherwise required by applicable law. Any Changes to these Terms may be communicated by posting an updated version on the Platform, through Service Notifications, or via email to the address associated with the User’s Account. It is the responsibility of the User to regularly review the Terms, ensure that Service Notifications are enabled, and keep their Account information, including contact details, current and accurate.

By continuing to access or use the Platform after any such Changes become effective, the User shall be deemed to have accepted and agreed to be bound by the modified Terms.

5. Risk Disclosure

The use of Virtual Assets and Services provided through the Platform involves significant risks. By registering an Account with the Company and using the Platform and the Services, the User expressly acknowledges that they have read, understood, and accepted the risks associated with the use of Virtual Assets and the Services offered through the Platform. The User further agrees that they are solely responsible for assessing the suitability of such Services in light of their individual circumstances and risk tolerance.

Virtual Assets are subject to high levels of market volatility, and their value can fluctuate significantly over short periods of time. Users may experience substantial gains or losses, and there is no guarantee of profit or protection from loss. Virtual Assets may also suffer from liquidity risks, where the ability to buy or sell an asset may be limited or unavailable at certain times.

Technological and operational risks are also inherent to Virtual Assets and blockchain- based systems. These include potential vulnerabilities in cryptographic protocols, software errors, security breaches, and the risk of irreversible transactions due to the decentralized nature of blockchain technology.

Regulatory risk is another material consideration. The legal and regulatory treatment of Virtual Assets may vary significantly across jurisdictions and is subject to change. Such changes may impact the legality, taxation, or usability of certain assets or Services, and may result in the delisting or disabling of affected assets on the Platform.

There is also a risk that certain Virtual Assets could be reclassified by regulators as securities or other regulated instruments. In such cases, the Company may be required to restrict or terminate support for such assets on the Platform without prior notice.

In addition to general market and asset risks, the User acknowledges the following specific risks related to the use of the Platform and Services:

The Company employs a range of internal safeguards to mitigate these risks, including but not limited to:

Where commercially available and economically feasible, the Company may maintain insurance coverage against certain risks, including cybersecurity incidents and asset theft. However, the existence and scope of any such coverage is not guaranteed and may be limited in nature. Information regarding current insurance arrangements may be disclosed to the User upon request.

6. Network Device and Carrier Requirements

The User acknowledges and agrees that their agreement with their mobile or Internet service provider (the “Network Provider”) applies to any use of the Platform. The User is solely responsible for any charges incurred in connection with accessing or using the Platform, including but not limited to data usage, roaming fees, or other charges imposed by the Network Provider or any third party.

If the User is not the account holder or bill payer for the device used to access the Platform, it shall be assumed that the User has obtained appropriate authorization from the relevant party to use the device for such purposes.

The User must ensure that their use of the Platform does not breach any terms of their agreement with the Network Provider, including any terms related to wireless data services, acceptable use policies, or other contractual restrictions.

7. Eligibility and Registration

To be eligible to access and use the Platform and the Services, the User must be at least 18 years of age or the age of legal majority in the jurisdiction in which they reside, whichever is greater. By creating an Account and using the Platform, the User represents and warrants that they meet this requirement and that they have the legal capacity to enter into binding agreements, including these Terms.

The User is solely responsible for ensuring that their use of the Platform is compliant with all applicable laws, regulations, and governmental requirements.

The User agrees to provide accurate, current, and complete information as requested during the registration process and to promptly update such information to ensure it remains accurate at all times.

The Company reserves the right to suspend or terminate access to the Platform if any information provided by the User is determined to be false, misleading, incomplete, or outdated.

8. Intellectual Property

All title, ownership rights, and intellectual property rights in and to the Platform, including all technology, software, systems, text, images, data, materials, and information transmitted through or generated by the use of the Platform, shall remain the sole property of the Company or its licensors. Nothing in or through the Platform shall be construed as granting any User any right, license, or interest in or to any of the Company’s intellectual property rights, whether by implication, estoppel, or otherwise, except as expressly set forth in these Terms.

The Platform may include access to third-party content, such as quotes, data, graphics, videos, photos, or other materials (collectively, “Third-Party Content”) provided by independent third parties (each, a “Third-Party Content Provider”). The Company does not endorse, control, or guarantee the accuracy, completeness, or reliability of any Third-Party Content, and the User acknowledges that any use of or reliance on such content is at their own risk.

All title, ownership rights, and intellectual property rights in and to the Third-Party Content remain with the respective Third-Party Content Provider. Nothing contained in the Platform shall be interpreted as granting any User any license or right to use any such content, except as expressly authorized by the relevant Third-Party Content Provider or under these Terms.

Subject to compliance with these Terms, the User is granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform on a personal device using validly issued User Credentials. All other rights not expressly granted herein are reserved by the Company.

In the event of any breach of these Terms by the User, the Company reserves the right to immediately suspend or terminate the User’s access to the Platform, without prior notice and without prejudice to any other rights or remedies available to the Company.

9. Account

In order to access and use the Services available on the Platform, the User must register and maintain an Account with the Company (the “Account”). The Account provides the User with access to various types of Services offered through the Platform.

An Account may be opened by an individual who is at least 18 years of age or the age of legal majority in their jurisdiction, or by an institution acting through its duly authorized representative, provided that such individual or institution has read, understood, and agreed to be bound by this Agreement. Each User is permitted to register only one Account. The registration or operation of multiple Accounts by a single User is a violation of these Terms and may result in immediate suspension or termination of the relevant Account(s) and these Terms.

The Account is not a bank account, and any Virtual Assets held in the Account do not constitute deposits or other regulated financial products. Except as expressly permitted by the Platform, no interest is paid on funds or Virtual Assets held in the Account, and such assets are not insured or guaranteed by any Governmental Authority.

10. Fees

In consideration for access to and use of the Platform and the Services, the User agrees to pay all applicable fees, which may vary depending on the specific Service being used. All fee rates are disclosed through the Platform interface once the User is logged into their Account.

The Company reserves the right to update, modify, or increase fees at any time. Any such changes shall become effective upon publication of the updated fee schedule on the Platform. The User’s continued use of the Platform after such publication shall constitute acceptance of the revised fees. If the User does not agree to the updated fees, the User must discontinue use of the Account and the Services.

The User is solely responsible for any fees imposed by third parties in connection with the transfer of Virtual Assets into the Account or otherwise in connection with use of the Platform. The Company shall not be liable for any such third-party charges or costs.

If the User believes that a fee has been charged in error, the User must notify the Company without delay and no later than thirty (30) days from the date the disputed charge first appears in the Account transaction history. Failure to raise a timely objection shall constitute the User’s full acceptance of the fee.

11. User Access Obligations

Each User is responsible for maintaining the confidentiality, integrity, and security of their User Credentials. The User shall not share their User Credentials with any other person or permit any other person to use their Account. The User agrees to take all reasonable steps to protect their User Credentials, including:

Where the Platform is accessed through the correct entry of User Credentials, such access will be deemed authorized by the User. The Company has no obligation to independently verify the identity of any User or Authorized Individual. The User shall be fully responsible for all activity conducted under their Account, whether authorized or not, and the Company shall not be liable for any losses resulting from unauthorized use, unless such losses result directly from the Company’s gross negligence or willful misconduct.

Upon receiving notice of a potential compromise of credentials, the Company shall take reasonable steps to disable access and block affected credentials as promptly as practicable.

Each User must ensure the security of all devices and systems used to access the Platform. This includes installing and regularly updating security-related software such as browsers, patches, antivirus, anti-malware, and any other protective tools. The User must also comply with all operational instructions, procedures, and risk management measures communicated by the Company from time to time, including those displayed at the login interface or otherwise through the Platform

12. Prohibited Uses

The User shall access and use the Platform strictly in accordance with these Terms and solely for their own Account or internal business purposes. The User shall not sell, lease, sublicense, assign, or otherwise transfer or provide access to the Platform to any third party, nor shall the User operate the Platform as a service bureau or otherwise use it on behalf of or for the benefit of any third party.

The User agrees not to use the Platform, submit any information or content, or engage in any activity through the Platform that:

a) is unlawful, unauthorized, or in violation of any applicable law or regulation;

b) is defamatory, libelous, obscene, sexually explicit, offensive, or otherwise inappropriate;

c) advertises or promotes products, services, or businesses not authorized by the Company;

d) is intended to harass, threaten, embarrass, alarm, or offend any other person;

e) disrupts or attempts to disrupt the normal operation or functionality of the Platform;

f) promotes discrimination or hatred based on race, gender, religion, nationality, disability, sexual orientation, or age;

g) infringes upon any intellectual property rights, including copyrights, trademarks, trade secrets, or other proprietary rights;

h) restricts, interferes with, or inhibits another User’s access to or use of the Platform, including by means of hacking, denial-of-service attacks, or unauthorized access attempts;

i) disables, damages, or otherwise alters the functionality, appearance, or integrity of the Platform;

j) reproduces, frames, or mirrors any part of the Platform without the Company’s prior written consent;

k) uses automated tools, such as robots, spiders, scrapers, data mining tools, or other mechanisms, to extract, download, or index any portion of the Platform or its contents without express authorization;

l) collects or harvests information about other Users without their explicit consent;

m) sends unsolicited messages, advertisements, spam, phishing content, or chain letters to other Users;

n) opens or operates multiple Accounts, except as explicitly permitted by the Platform and approved by the Company in writing;

o) engages in high-frequency or excessive trading using unauthorized tools, software, or strategies;

p) transmits any code, files, or software intended to damage or disrupt computer systems, including viruses, worms, trojans, or malware; o

q) advocates, promotes, or facilitates violence, criminal activity, or any other unlawful act.

The Company reserves the right to monitor usage of the Platform and take any action deemed appropriate in response to violations of this section, including restriction, suspension, or termination of the User’s access to the Platform and Account.

13. Limitations

The User understands and agrees that the Platform and the Services are not intended for, and may not be used by or for the benefit of, any person or entity in any jurisdiction where such use would be contrary to applicable law or regulation, or where the Company is not authorized to provide the Platform, Services, or related information.

The Company does not offer Services to Users located in, or residents or nationals of, any of the following jurisdictions: the United States, mainland China, the United Kingdom, North Korea, Cuba, Iran, Myanmar, Russia, the Russian-controlled regions of Ukraine, Syria, or any other jurisdiction that the Company may designate from time to time in its sole discretion (collectively, the “Excluded Jurisdictions”).

The User must immediately inform the Company if they become a resident of or are located in an Excluded Jurisdiction, or if they become aware of any User accessing the Platform from an Excluded Jurisdiction. If it is determined that a User has provided false or misleading information about their location or jurisdiction of residence, the Company reserves the right to take any action it deems appropriate in accordance with applicable law, including immediate termination of the Account and liquidation of any open positions.

The Company does not provide Services to individuals or entities listed on the U.S. Department of the Treasury’s Specially Designated Nationals or Blocked Persons List, the European Union’s Consolidated Financial Sanctions List, the United Kingdom’s Sanctions List, or any entity owned or controlled (directly or indirectly) by such persons (together, “Prohibited Parties”).

The Company reserves the right to take appropriate measures to comply with applicable laws and restrictions, including immediate Account termination and asset liquidation where necessary.

14. Authorized Individuals

Each User and any Authorized Individual designated by the User acknowledges and agrees to be bound by these Terms. When requesting access for an Authorized Individual to act on the User’s behalf in relation to the Platform and the Account, the User represents and warrants that such Authorized Individual has been duly authorized to act in that capacity. Where applicable, the Authorized Individual may be empowered by a valid power of attorney or similar legal instrument, and shall be permitted to exercise such powers to the extent technically feasible within the Platform.

The User acknowledges that Authorized Individuals may accept Changes to these Terms, subscribe to additional Services offered via the Platform, and initiate or execute transactions on the User’s behalf, to the same extent as the User themselves is permitted to do so.

The User is solely responsible for ensuring that each Authorized Individual acting on their behalf is fully informed of, and agrees to comply with, these Terms and, where applicable, any terms and conditions governing the use of services provided by any Third-Party Financial Services Provider. The User shall be fully liable for any acts, omissions, or breaches of these Terms by any Authorized Individual acting on their behalf.

The User agrees to fully indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, and representatives, from and against any liabilities, losses, claims, costs, expenses (including reasonable legal fees), or damages arising from:

The User further represents and confirms that they have obtained all necessary consents from any Authorized Individual for the collection, use, transfer, disclosure, and processing of their Personal Information in accordance with these Terms and the Privacy Policy.

15. Virtual Asset Custody Services

Ellyx, as a licensed Virtual Asset Service Provider under the laws of the Cayman Islands, provides virtual asset custody services (“Custody Services”) to Users through the Platform. By using these Custody Services, the User agrees to the following terms, which form part of the overall agreement between the User and the Company.

The Custody Services involve the safekeeping of Virtual Assets on behalf of Users. Assets may be held in segregated wallets, with individual User entitlements accurately recorded. Ellyx will not use, lend, pledge, or otherwise deal with a User’s Virtual Assets without the User’s express consent, except as required by applicable law or regulation.

Ellyx is permitted to carry out transactions involving custodial assets solely at the direction of the User and only through the mechanisms and functionalities provided by the Platform. All such transactions are subject to applicable verification and security procedures.

Fees, charges, or other compensation associated with the Custody Services, including transaction fees or spreads, are disclosed to Users through the Platform interface and may be amended from time to time. By continuing to use the Platform, Users accept and agree to such fees.

Users can access their custodial assets at any time via their Platform account, using the designated access credentials and security features. Requests to withdraw or transfer assets may require additional identity verification in accordance with our identification procedures. Upon request, Users may obtain statements showing current balances and transaction history.

Ellyx implements commercially reasonable safeguards to protect custodial assets, including technical, organizational, and procedural controls. These may include multi- signature security protocols, cold and hot wallet separation, encrypted key management, and monitoring systems. Where applicable, insurance arrangements may be in place to cover specific types of loss; details are available upon request.

The User acknowledges that the custody of Virtual Assets carries certain risks, including, but not limited to, cybersecurity threats, technological failures, regulatory changes, and systemic disruptions. Ellyx endeavors to mitigate such risks but cannot guarantee the complete security of Virtual Assets under custody.

In the event of an unforeseen loss or unauthorized access to assets held in custody, the User may be entitled to remedies, including the right to file a claim with Ellyx, the possibility of insurance coverage where applicable, and legal recourse under Cayman Islands law. Ellyx is not responsible for losses caused by the User’s own negligence, including compromised credentials or failure to follow Platform security protocols.

Either party may terminate the custodial relationship at any time. The User may initiate termination by withdrawing all assets from the Platform, subject to verification procedures. Ellyx may suspend or terminate custodial services upon reasonable notice, or immediately in the event of suspected fraud, breach of these Terms, regulatory requirements, or other just cause. In all cases, Ellyx will take reasonable steps to return the User’s assets to a verified external wallet designated by the User.

A written or electronic confirmation will be provided to the User following each transaction involving custodial assets. Such confirmations will include key transaction details such as asset type, amount, time, transaction ID, and applicable fees or charges.

Ellyx maintains a commitment to transparency and compliance. Information concerning the custody structure, applicable fees, security protocols, insurance, and associated risks is made available to Users upon request and may be updated from time to time to reflect changes in law, technology, or Company policies.

16. Virtual Asset Trading Platform Services

Ellyx operates as Virtual Asset Trading Platform that enables registered Users to access, list, buy, sell, and exchange Virtual Assets. The use of the Trading Platform Services is subject to these Terms and any applicable laws and regulations.

By accessing and using the Trading Platform Services, the User agrees to the following provisions, which govern the terms under which trading activity occurs.

All Virtual Assets available for trading on the Platform are listed following a review process that considers regulatory compliance, technical stability, market demand, and other relevant criteria. Ellyx reserves the right to determine, restrict, or delist any Virtual Asset at its sole discretion, and Users will be notified where material changes to listings occur.

Trades executed on the Platform are subject to fees, which may include trading commissions, spreads, withdrawal charges, and network costs. The applicable fee schedule are disclosed to Users through the Platform interface and may be amended from time to time. Ellyx is compensated through these fees and, in some cases, through bid-ask spreads. Users are responsible for reviewing and understanding the fee structure prior to placing trades.

Users may access their Virtual Assets at any time through their Account interface, where balances, transaction history, and open orders are displayed. Virtual Assets not actively traded remain under the custody of Ellyx pursuant to the Custody Services section of these Terms. Access to assets may require completion of certain verification processes for security and regulatory reasons.

The Platform employs reasonable and industry-accepted security protocols and technical safeguards, including encryption, access controls, and multi-layered wallet infrastructure. Ellyx may maintain insurance coverage for certain digital asset losses arising from cybersecurity incidents, subject to policy terms. Details of insurance coverage are available upon request.

Users acknowledge and accept the risks associated with trading in Virtual Assets. These include price volatility, market manipulation, technological disruptions, regulatory developments, and liquidity constraints. Ellyx does not guarantee market performance or uninterrupted access to the Platform. Users must assess their own risk tolerance before engaging in trading activity.

Before executing any trade, each User shall acknowledge appropriate risk disclosures available at Risk Disclosure section. These disclosures are written in clear, understandable language and outline the nature of the Virtual Assets, the mechanics of trading, and the potential for financial loss. Proceeding with use of Trading Platform Services constitutes acknowledgement of such risks.

In the event of loss not caused by the User’s own actions or negligence, Users may file a claim through Ellyx’s customer support process. Ellyx will investigate the matter and, where applicable, provide remedies in accordance with these Terms and the governing laws. Remedies may include asset recovery, reimbursement (where covered by insurance), or other forms of resolution depending on the circumstances.

Ellyx is committed to operational transparency. Users will receive confirmations for each completed transaction, including time, date, asset type, quantity, execution price, and fees incurred.

17. Security

The Company may implement such authentication, verification, and security measures as it deems appropriate to protect the integrity of the Platform and User Accounts. These may include, without limitation, multi-factor authentication, secure access protocols, and the use of Biometric Authentication technologies, such as fingerprint or facial recognition, where permitted.

While these measures are intended to reduce the risk of unauthorized access to the Platform or the User’s Account, the Company makes no guarantee that such measures will be entirely effective, adequate, or immune to circumvention. Users acknowledge that no system or technology is entirely secure, and that there remains a risk of unauthorized access, hacking, identity theft, or other security breaches.

The Platform may allow Users to access their Account using a mobile device via Biometric Authentication. By enabling this functionality, the User understands and accepts that unauthorized third parties who have access to the User’s device may be able to access the Platform and view Account information without entering the User Credentials. The User assumes full responsibility for such access and acknowledges the inherent risks in using Biometric Authentication, including the risk of unauthorized third-party access to sensitive information.

By choosing to enable Biometric Authentication on a device, the User expressly consents to the collection and use of biometric data solely for the purposes of authenticating access to the Platform, in accordance with these Terms and the Privacy Policy. The User further acknowledges that the security and reliability of Biometric Authentication depend on the operating system and hardware of the User’s device. The Company shall not be liable for any malfunction, defect, misreading, or unauthorized access resulting from third-party device or software vulnerabilities.

The Company uses reasonable administrative, technical, and physical safeguards to protect the security and confidentiality of the Platform and of Users’ Personal Information, in accordance with applicable law. However, the Company cannot guarantee the complete security of data transmissions over the Internet or other networks, nor the security of systems that store or process such information.

To the extent required by applicable law, the Company will notify the User of any unauthorized access to, use of, or disclosure of their Personal Information of which the Company becomes aware. In the event such notice is provided, the User is responsible for taking prompt protective action, including, but not limited to, immediately updating their User Credentials and following all further instructions provided by the Company to mitigate any potential harm.

18. Provision of Material and Information

By using the Platform, each User acknowledges and agrees to the following:

a) Except as otherwise provided in these Terms the Company is under no obligation to provide the User with any Material relating to products or services, including but not limited to research reports, market data, or offering documentation, and any such Material may be provided at the Company’s sole discretion.

b) Where any Material is made available to the User, such Material is intended solely for the User’s personal use and may not be reproduced, redistributed, or disclosed to any third party without the Company’s prior written consent.

The User further acknowledges that neither the Company nor the Platform acts as an investment adviser or fiduciary. No Material or information provided through the Platform shall be construed as a recommendation, solicitation, or endorsement by the Company that the User enter into any particular transaction, or that any transaction is suitable or appropriate for the User’s financial or investment objectives.

The Company does not undertake any obligation to verify, update, correct, or complete any Material displayed through the Platform. Material provided through the Platform, including but not limited to price quotations, market data, news, or research, may be sourced from independent third-party information providers, and the Company makes no representation or warranty as to the accuracy, completeness, reliability, or timeliness of such Material. The User is solely responsible for conducting independent research or consulting professional advisors before making any investment or transaction decision. Any reliance on Material is at the User’s own risk.

The Company is not required to notify the User of any technical issues, interruptions, or delays in access to the Platform or the availability of any Material. Access to the Platform, including to information concerning the status of the User’s Account and Virtual Asset balances, is generally available electronically, subject to maintenance periods and potential service interruptions. The User may access transaction history, including deposits, withdrawals, open positions, and pending orders, for the preceding one-year period or such other period as determined by the Company from time to time.

The User has the right to receive a receipt, trade confirmation, or other evidence of any completed transaction. However, transaction history or other records made available via the Platform do not constitute formal valuations and may contain errors. In the event of any discrepancy or suspected error, the User must notify the Company in writing within three (3) calendar days of the relevant record being posted or communicated. Failure to provide timely notice shall constitute the User’s full acceptance of the record as accurate and binding.

Information, content, or services displayed on the Platform may not be eligible for sale or available to Users in certain jurisdictions or to certain categories of investors, due to applicable legal or regulatory restrictions. The Company reserves the right to restrict access to such Material or Services as required to comply with applicable law.

19. Service and Other Notifications

The User acknowledges and agrees that Service Notifications may be delivered through unsecured communication channels, including email, text message, or, where applicable, push notifications. The User shall provide the Company with accurate and complete contact information, including valid email address(es) and phone number(s), to facilitate delivery of Service Notifications.

The User agrees to keep all contact information associated with their Account accurate and up to date, and to notify the Company immediately of any changes. Any Service Notification sent to the most recent email address or phone number provided by the User shall be deemed validly delivered. If any communication is returned as undeliverable, the Company reserves the right to suspend or restrict the User’s access to the Platform until a valid and functioning contact method is provided and confirmed.

Where multiple contact methods have been provided, the User shall specify their preferred method for receiving Service Notifications. In the case of joint Accounts, the User shall designate whether Service Notifications are to be sent to one or all Account holders.

By using the Platform, the User agrees to receive all communications, notices, and disclosures related to the Platform, the Account, and these Terms through Service Notifications. Such communications shall constitute legally effective notice and may replace traditional forms of notification, including written or mailed notices, to the extent permitted by applicable law.

The User is solely responsible for monitoring their designated communication channels without reliance on repeat notifications or reminders from the Company. The User must promptly report any unauthorized use or access to their Account or to the Platform.

To the maximum extent permitted by law, the User releases the Company from any liability arising from the use, failure, or delay in receipt of Service Notifications. The Company does not guarantee that the content of any Service Notification will be accurate, up to date, or complete, and assumes no responsibility for any loss arising from reliance thereon.

20. Personal Information

As part of the Platform, Personal Information of the User may be collected, used, transferred, disclosed or otherwise processed by the Company in accordance with the Privacy Policy. You should read the Privacy Policy carefully before registering for and using the Platform.

21. Indemnification and Limitation of Liability

To the maximum extent permitted by applicable law, the User agrees to defend, indemnify, and hold harmless the Company and its affiliates, subsidiaries, officers, directors, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims (including third-party claims), actions, proceedings, losses, liabilities, damages, expenses, and costs (including reasonable legal and accounting fees), arising directly or indirectly out of or in connection with:

The Company shall provide the User with notice of any such claim or action and may (but is not obligated to) participate in the defense thereof. The User shall be responsible for all defense costs and shall not settle any claim without the Company’s prior written consent.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AVAILABILITY, ACCURACY, COMPLETENESS, OR SECURITY OF THE PLATFORM OR ANY CONTENT THEREIN, INCLUDING THIRD-PARTY CONTENT.

THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY DEFECTS WILL BE CORRECTED. THE USER ASSUMES FULL RESPONSIBILITY FOR THE USE OF THE PLATFORM AND ANY DECISIONS MADE IN RELIANCE THEREON.

To the maximum extent permitted by law, under no circumstances shall the Company or any of the Indemnified Parties be liable to the User or any third party for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to trading losses, loss of profits, business interruption, loss of data, or reputational harm, whether under contract, tort, strict liability, or other legal theory, arising out of or in any way connected with:

If any limitation or exclusion of liability is determined to be invalid under applicable law, the Company’s total liability to the User in respect of any and all claims, regardless of the legal theory or form of action, shall not exceed the greater of:

(a) the total aggregate fees paid by the User to the Company in connection with use of the Platform over the twelve (12) months immediately preceding the event giving rise to the claim; or

(b) one thousand U.S. dollars (USD 1,000).

The Company shall not be held liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, civil or military authority actions, market collapse or extreme volatility, power outages, telecommunication failures, cyberattacks, equipment or software malfunctions, internet disruptions, hacking, or failures by third-party service providers. In such cases, the time for performance shall be extended for a period equal to the duration of the event.

22. P2P Rules

The Platform provides a peer-to-peer (P2P) environment that enables Users to exchange Virtual Assets directly with one another. Users may act either as Offerors, who publish trade offers involving Virtual Assets, or as Respondents, who accept and respond to such offers. The Platform does not participate in any transaction as a counterparty and acts solely as a facilitator by providing technical infrastructure and related services.

Offerors are responsible for defining the terms of each offer, including the type and amount of Virtual Assets, pricing, transaction limits, accepted payment methods, and payment timeframes. Respondents agree to these terms by accepting an offer and are obligated to complete the corresponding transfer in accordance with the specified conditions.

Once an offer for selling Virtual Assets is placed, or Respondent accepted an offer related to buying of Virtual Assets, the Platform temporarily locks the relevant amount of Virtual Assets until both parties confirm that the fiat currency transfer has been successfully completed.

Fiat currency transfers must be made using one of the payment methods listed in the offer. All Users are required to use payment accounts registered under the same name as verified on their Platform account. Use of third-party or mismatched payment credentials is prohibited and may result in restriction or suspension of access to the P2P features.

Users buying Virtual Asset must complete the fiat currency transfer independently and confirm the payment within the specified payment window. Users selling Virtual Assets are solely responsible for verifying receipt of funds and for releasing the Virtual Assets only upon full confirmation of payment. Once released, this action is final and irreversible. Users selling Virtual Assets must not release Virtual Assets before fully verifying that the payment has been received.

If the payment account details of the User buying Virtual Assets (such as sender’s name, account number, etc.) do not match the verified User information displayed on the Platform, the User selling Virtual Assets must not proceed with the release and must return any funds received. In the event that the User selling Virtual Assets proceeds with the release of Virtual Assets despite such a mismatch, all risks and liabilities arising from the transaction shall be borne solely by that User. This includes, without limitation, the risk that the fiat currency was transferred by a third party who was unaware of or did not consent to their involvement in the transaction, as well as the risk that the transaction may be fraudulent or unauthorized. The User selling Virtual Assets acknowledges that such third party may initiate a chargeback, refund request, or otherwise seek to recover the transferred funds, including through legal proceedings. The User selling Virtual Assets understands and accepts that they may lose that fiat currency funds as well as the corresponding Virtual Assets. The Platform shall bear no responsibility or liability in relation to any such transaction and shall not be considered a party to any resulting dispute. By using the Platform, the User selling Virtual Assets expressly waives any and all claims, demands, or legal actions against the Platform arising from or in connection with the release of Virtual Assets in violation of this provisions.

The Platform does not endorse, verify, or assume responsibility for any payment service provider or method listed on the Platform. Users engage with payment methods at their own discretion and risk.

Unless otherwise explicitly stated, any transaction-related fees charged by payment providers shall be borne by the User buying Virtual Assets. The total transferred amount must cover both the agreed price and any applicable fees to ensure that the User selling Virtual Assets receives the full value as stated in the order.

Withdrawal period of up to 72 hours may apply to Virtual Assets acquired through P2P transactions. This delay begins once the assets are released and does not affect other Platform features.

23. Termination

The Company may terminate these Terms and the User’s access to the Platform at any time, with immediate effect and at its sole discretion, without prior notice.

The User may terminate this Agreement at any time by closing their Account, provided that all outstanding obligations to the Company, including payment of any applicable fees and the settlement of all pending transactions, have been fully satisfied.

The Company may suspend the User’s access to the Platform or terminate this Agreement, without prior notice, in any of the following circumstances:

The Company may also suspend access to the Platform for security reasons, including but not limited to suspected unauthorized access, fraudulent use of the Platform, or if the integrity of the User’s Account or User Credentials is at risk.

Where practicable, the Company will notify the User of any suspension or restriction and the reason for such action, either in advance or as soon as reasonably possible thereafter. However, such notification may be withheld if prohibited by applicable law or if it would compromise the Company’s reasonable security measures.

Suspension or restriction will be lifted as soon as the reasons for such action have ceased to exist, as determined by the Company in its sole discretion.

Termination of this Agreement shall not affect any rights or obligations that have accrued prior to the effective date of termination. Upon termination, the User’s right to access and use the Platform will cease immediately, and any remaining Virtual Assets in the Account may be returned or otherwise handled in accordance with applicable law and the Company’s internal policies.

24. Miscellaneous

These Terms, together with the Privacy Policy and any other policies or documents expressly incorporated by reference, constitute the entire agreement between the User and the Company with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements, representations, warranties, or understandings, whether written or oral, relating to the same subject matter.

If any provision of these Terms is held to be invalid, illegal, void, or unenforceable under applicable law, such provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

These Terms may only be modified, amended, or waived by the Company, as expressly provided herein. No User may assign, transfer, delegate, or sublicense any rights or obligations under these Terms without the Company’s prior written consent. Any purported assignment, transfer, delegation, or sublicense in violation of this provision shall be null and void.

No waiver of any breach or default under these Terms shall be deemed a waiver of any preceding or subsequent breach or default. The failure of the Company to enforce any provision of these Terms shall not be construed as a waiver of such provision or any other provision.

Section titles and headings in these Terms are included for convenience only and shall not affect the interpretation of any provision.

25. Governing Law and Dispute Resolution

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Cayman Islands, without regard to its conflict of laws principles.

In the event of any issue, concern, or complaint arising out of the User’s use of the Platform or these Terms, the User is encouraged to contact the Company directly in order to seek a swift and fair resolution. Complaints should be submitted by email to: support@ellyx.com. This shall serve as the primary channel for lodging complaints.

Upon receipt of a complaint, the Company will acknowledge its receipt within 24 to 48 hours and provide an estimated timeframe for resolution. While most issues are expected to be resolved promptly, complex matters may require an extended resolution period of up to thirty (30) days. The Company will provide the User with regular updates throughout the process and will ensure that the matter is handled fairly, impartially, and with due consideration.

All complaints will be investigated thoroughly, including the review of relevant records and information. If the Company determines that remedial action is appropriate, such action may include the provision of reasonable compensation or corrective measures aimed at addressing any harm or inconvenience caused.

If a dispute remains unresolved after exhausting the Company’s internal complaint- handling process, such dispute shall be referred to and finally resolved by binding arbitration under the applicable arbitration legislation of the Cayman Islands. The arbitration shall be conducted by a single arbitrator appointed in accordance with such legislation. The seat of arbitration shall be the Cayman Islands, and the language of the proceedings shall be English.

The arbitral award shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.

26. Contacting Us

If the User has any questions, concerns, or complaints regarding these Terms or the Platform, the Company may be contacted at the following email address:
support@ellyx.com.

In case of unresolved inquiries within El Salvador, users may contact the supervisory entity as follows:
Superintendency of the Financial System
Calle El Mirador, entre 87 y 89 Av. Norte, Edificio Torre Futura, Nivel 16. San Salvador, El Salvador, C.A.
Phone: (+503) 2268-5700 and (+503) 2133-2900
Email: contacto@ssf.gob.sv