Terms and Conditions for Crypto-asset Services

Effective as of 01.04.2026

The Bank provides crypto-asset services to Clients in accordance with these Terms and Conditions for Crypto-asset Services (hereinafter the ‘Terms‘). The provisions of the Bank‘s General Terms and Conditions shall apply to the Terms to the extent that they do not conflict with the provisions set forth in these Terms.

Definitions

The Terms use the definitions set forth in the General Terms and Conditions as well as the following definitions. Terms and concepts not defined herein shall be interpreted based on Regulation (EU) 2023/1114 of the European Parliament and of the Council (MiCA) and its delegated acts.

‘Questionnaire’ – a questionnaire with questions concerning the Client‘s experience, knowledge, and other circumstances provided by legal acts.

‘Custodian‘ – an entity used by the Bank providing services for the holding, administration, registration and/or settlement of funds and Crypto-assets, a crypto-asset service provider holding a relevant authorisation, a brokerage firm, etc.

‘Crypto-asset‘ – a digital representation of a value or of a right that is able to be transferred and stored electronically, using distributed ledger technology or similar technology.

‘Custody and administration of crypto-assets on behalf of clients‘ – safekeeping or controlling, on behalf of clients, crypto-assets or the means of access to such crypto-assets, where applicable in the form of private cryptographic keys.

‘Reception and transmission of orders for crypto-assets on behalf of clients‘ – the reception from a person of an order to purchase or to sell one or more crypto-assets or to subscribe for one or more crypto-assets and the transmission of that order to a third party for execution.

‘Agreement‘ – the Crypto-asset Services Agreement.

‘Banking Day‘ – a day on which banks are open for banking operations in Estonia and in the country where the Service is provided or in another country according to the context of the General Terms and Conditions.

‘Service’ – Custody and administration of crypto-assets on behalf of clients, reception and transmission of orders for crypto-assets on behalf of clients or any of the above collectively.

‘Transaction’ – a transaction with Crypto-assets performed by the Bank under the Agreement in the name of the Client or the Bank and on behalf of the Client.

‘Transaction Confirmation’ – a confirmation sent by the Bank to the Client concerning the performance of a Transaction based on a Transaction Order.

‘Transaction Order’ – an instruction given by the Client to the Bank in accordance with the terms of the Agreement to perform a Transaction.

‘Transaction Date’ – the day on which the parties to the Transaction have accepted all essential terms of the Transaction.

‘Crypto-asset Market Information’ – informative data disclosed and/or transmitted via a Custodian or another Third Party, including financial news, analyses, and price and sales information concerning Crypto-assets available for Transactions.

‘General Terms and Conditions’ – the General Terms and Conditions of the Bank.
General provisions
1. These Terms, the General Terms and Conditions, the Price List, and other procedures mentioned in the aforementioned terms are an integral part of the Agreement concluded between the Client and the Bank for the provision of the Service. In providing the Service, the Bank also relies on the Special Terms and Conditions accepted by the Client, information provided concerning Crypto-asset Services, legal acts applicable to Crypto-assets (including relevant EU and foreign legislation), guidelines from supervisory authorities, and market customs and practices.
2. The Bank has the right to decide at its sole discretion through which electronic channels, concerning which Crypto-assets, and to what extent the Bank provides Services. The Bank also has the right to determine the minimum values for Transactions involving Crypto-assets.
3. The Client can obtain information from the Website concerning Crypto-assets accepted by the Bank, restrictions related to Crypto-assets, the scope of the Service, minimum Transaction values, and trading rules. The Bank may also publish other relevant information on the Website.
4. The Bank has the right to unilaterally suspend the use of the Service by the Client, in part or in full, without prior notice for good cause. Good cause includes, but is not limited to:
  1. compliance with requirements arising from legal acts;
  2. errors and/or downtime in the distributed ledger and/or its functioning;
  3. errors and/or downtime in the systems of the Custodian and/or the Bank underlying the provision of the Service;
  4. restriction, suspension or termination of the service by the Custodian (including termination of the cooperation agreement);
  5. the activities of the Custodian being investigated by an Estonian or foreign supervisory authority (e.g. the Financial Supervision Authority) or another government agency.
5. The materials contained in the Agreement and the Terms are not directed at or intended for citizens or residents of the United States or other persons located in the United States or who are U.S. Persons. The Bank does not offer the Service or Crypto-assets to U.S. Persons.
6. By signing the Terms, the Client confirms to the Bank that they are not a U.S. Person. If the Client is a U.S. Person or becomes one during the validity of the Agreement, the Bank has the right to terminate the Agreement immediately. The Bank is not liable for any damage the Client may incur due to the termination of the Agreement.
7. The Client undertakes to immediately notify the Bank of circumstances that may lead to the Client‘s qualification as a U.S. Person. The Bank may also rely on public data when assessing the Client‘s status. A legal entity may be a U.S. Person if, among other things, it is established in the U.S., operates under U.S. laws, has a U.S. mailing address or conducts business in the U.S. A branch or office of a foreign legal entity may be considered a U.S. Person under the same conditions. A natural person may be a U.S. Person if they are a U.S. tax resident or stay in the U.S. for a certain period for study or work. A person may also be considered a U.S. Person on other grounds arising from U.S. law. The Bank has the right to suspend the provision of the Services and/or terminate the Agreement if the Client is a U.S. Person.
8. The Bank does not provide the Service or offer Crypto-assets to persons residing in the Russian Federation or other sanctioned regions. The Bank and/or the Custodian have the right to immediately suspend the Service and/or terminate the Agreement if the list of international sanctions changes or if the Bank/Custodian changes its respective policy. The list of sanctioned regions is available on the Bank‘s website. This list is not exhaustive and may change without notice.
9. The Bank does not guarantee the timeliness, sequence, accuracy or completeness of Crypto-asset Market Information or other market notices transmitted to the Client.
10. The Bank may cease publishing Crypto-asset Market Information at any time or change the method, speed or other characteristics of publication.
Client‘s Assessment and Identification of Information
1. The Bank has the right, prior to the provision of the Service, to collect information from the Client about the Client‘s experience and knowledge and other circumstances in connection to the Service and Crypto-assets in order to determine the Client‘s experience and knowledge of the Crypto-assets and the scheduled transactions.
2. The Bank shall warn the Client if, based on the data provided, the Bank finds that a Crypto-asset transaction is not appropriate for the Client and the Client does not understand the risks involved.
3. Upon establishment of a Client relationship and upon the Bank‘s request, the Client is obliged to provide the Bank with all data and documents required by the Bank on the Questionnaire established by the Bank. The Client is obliged to immediately and continuously inform the Bank of any information and circumstances that have changed compared to the information provided at the time of the conclusion of the Agreement and its subsequent amended versions. The Bank assumes the correctness, accuracy, completeness, and timeliness of the information provided by the Client until the Client has notified the Bank of any new information. The Bank recommends that the Client updates the information referred to in this clause at least once a year.
4. If the Bank has doubts about the correctness, accuracy, completeness, and timeliness of the data submitted by or on behalf of the Client, the Bank has the right, at its own discretion, not to provide the Service and/or demand additional information from the Client.
5. If the Client has not submitted the required information or has submitted insufficient information, it is more difficult or impossible for the Bank to assess the Client‘s level of experience and knowledge. Under the aforementioned circumstances as well as if the Bank has doubts about the correctness of the data submitted, the Bank has the right to refuse from providing the Client with the Service.
Trading
1. Procedure for reception and transmission of Transaction Orders
  1. Entry of Transaction Orders and performance of Transactions occur via electronic channels accepted by the Bank (e.g. internet and/or mobile banking).
  2. The Bank has all the rights set forth in the General Terms and Conditions and this clause 4.1 for the reception and transmission of Transaction Orders.
  3. The Bank is not obliged to receive or transmit a Transaction Order to the Custodian:
    1. in the events provided for in the General Terms and Conditions;
    2. if the Transaction Order does not comply with the criteria established under clause 2.3;
    3. if the Bank has doubts about the compliance of the Transaction with the requirements of the Bank and/or the Custodian and the provisions of legislation;
    4. if the Client has not fulfilled the Bank‘s and/or Custodian‘s request to submit additional data and/or documents within the term set by the Bank;
    5. if the Bank has reason to believe that the Client is unable to perform the duties arising from the Agreement or the Client has failed to perform the obligations arising from the Agreement;
    6. if the Transaction Order cannot be executed due to the market situation or other circumstances beyond the Bank‘s and/or Custodian‘s control;
    7. if the Bank has a reasonable doubt that the Transaction Order has been submitted on the basis of inside information or with a purpose of market manipulation;
    8. if the Bank sees any other reason for it (in that event the Bank gives the Client a relevant notice);
    9. if there are insufficient funds on the Account for execution of the Transaction Order;
    10. if the Client who is a legal person does not have a valid LEI (Legal Entity Identifier) code.
  4. The Bank is not liable for damage caused by refusal to accept the Transaction Order in the events specified in clause 4.1.3. Furthermore, the Bank is not liable for damage or loss caused to the Client upon execution or non-execution of a Transaction Order if the Transaction Order has been given in a false form, it is unclear, misleading, ambiguous, in conflict with the legislation or it has accidentally been given several times.
2. Procedure for transmission of Transaction Orders
  1. The Bank shall receive and transmit the Transaction Order on the condition that:
    1. the reception and transmission of the Transaction Order is in accordance with the General Terms and Conditions;
    2. the Transaction Order can be transmitted with its terms and conditions (the price requested or offered by the Client corresponds to the market situation on the Transaction Date, there is a seller or buyer for the Crypto-assets specified by the Client in the Transaction Order, the term of the Transaction specified in the Transaction Order allows for entry into the Transaction, etc.);
    3. the Client does not have any arrears before the Bank or these are paid as a result of execution of the Transaction Order;
    4. the transmission of the Transaction Order is, according to the Bank‘s estimate, in accordance with the Custodian‘s requirements, established regulations, customs, and practice.
  2. To execute the Client‘s Transaction Order the Bank may extraordinarily enter into a Transaction with itself and the Bank does not have to notify the Client that the Bank is the party to the Transaction made on the basis of the Client‘s Transaction Order.
  3. Transaction Orders will be executed in accordance with the relevant Custodian corresponding to the Crypto-assets as well as market rules and practice.
  4. At the Client‘s request, the Bank submits to the Client information about the status of execution of the Transaction Order.
  5. The Bank may notify the Client of any difficulties relating to due execution of Transaction Orders.
  6. The Bank has the right to refuse to accept, forward or execute all Transaction Orders from the Client as well as to suspend execution of the Client‘s Transaction Order or reject the Transaction Order if the Bank has reasonable doubts about commitment of offences or infringement of applicable legislation and rules.
3. The Client hereby grants the Bank all rights to carry out corrective entries in both fiat currency and Crypto-assets whenever necessary due to the nature of the crypto-asset technology, the technological specifics or changes of the Bank‘s partner (Custodian) or other circumstances beyond the Bank‘s control (including erroneous entries). In such cases, the Bank has the right to make necessary corrective entries (including further debiting of the Account) and, in justified cases, to adjust the quantity of Crypto-assets or other transaction terms indicated in the order.
4. Transaction Confirmations
  1. Upon execution of a Transaction Order, the Bank shall send a Transaction Confirmation to the Client, unless the Client has waived the receipt of Transaction Confirmations.
  2. The Transaction Confirmation shall be transmitted to the Client in accordance with clause 8.2 of these Terms.
  3. The Client undertakes to notify the Bank immediately and shall be liable for any damage resulting from failure to notify if a Transaction Confirmation is inaccurate or if the Client does not receive a Transaction Confirmation (unless they have waived it).
5. Cancellation of Transaction Orders
  1. The cancellation of Transaction Orders shall be governed by the General Terms and Conditions and the provisions of this clause.
  2. The Bank has the right to cancel Transaction Orders submitted by the Client in accordance with the rules established by the Custodian used for execution or if it has not been possible to execute the Transaction Order within 30 days.
Safekeeping of the Client‘s Crypto-assets and Accounting
1. The Bank holds the Client‘s Crypto-assets with Custodians and may authorise Custodians to further hold the Client‘s Crypto-assets with other Custodians. The Bank chooses the Custodians with whom the Client‘s Crypto-assets are entrusted for safekeeping in accordance with criteria established in the legislation and professional due diligence in order to ensure the reliability of the Custodian used. The Bank only uses Custodians that have been authorised in the European Union under applicable legislation.
2. Within the scope of custody and administration of crypto-assets, the Bank is liable for damage resulting from an incident directly attributable to the Bank. An incident not attributable to the Bank is any event where the Bank proves it occurred independently of the provision of the Service or the Bank‘s operations (e.g. a problem inherent to the functioning of the distributed ledger over which the Bank has no control, etc.). The Bank‘s liability extends to the market value of the lost Crypto-asset at the time of the loss.
3. The Bank holds Crypto-assets and funds with Custodians in accordance with legal acts, guidelines from supervisory authorities, and the agreement(s) concluded with the Custodian.
4. The Client‘s Crypto-assets are safekept with the Custodian on a Crypto-assets account opened in the name of the Bank for joint safekeeping of the Crypto-assets of the Clients of the Bank (Client account, nominee account, etc.).
5. The Bank undertakes to maintain a register in its account management system to ensure that the Client‘s Crypto-asset positions are clearly segregated from the Crypto-assets belonging to other clients of the Bank and the Bank itself. The Bank ensures that the Client‘s Crypto-assets held with the Custodian belong to the Client, do not form part of the Custodian‘s insolvency estate, and cannot be used to satisfy the claims of the Custodian‘s creditors.
6. The Bank undertakes to ensure that the Client‘s Crypto-assets are not used on the Custodian‘s own account and that the Crypto-assets held with the Custodian are not encumbered.
7. The Client gives the Bank the right to use the Client‘s Crypto-assets in its own interests in situations where there is insufficient money on the Client‘s Account for payment of service fees, compensation, default interest or other arrears. In such an event, the Bank has the right to sell the Client‘s Crypto-assets without the Client‘s Transaction Order on the market conditions in a quantity that allows for payment of the amount payable.
8. The Client has access to their Crypto-asset positions, balances, values, and completed transactions via internet or mobile banking.
9. The list of Custodians used by the Bank and the principles for the custody of Crypto-assets are described in the information provided regarding Crypto-asset Services, available on the Bank‘s website.
Rights and Obligations arising from Crypto-assets
1. The Client undertakes to gather information about the rights and obligations arising from the Crypto-assets and about other events personally and to perform all the potential obligations arising from the Crypto-assets. The Bank does not have the obligation to notify the Client of such rights and obligations or other events. In the cases provided for in legislation or the Terms and Conditions, the Client will exercise such rights and obligations in person and through the Bank, if the Bank so allows, by submitting written instructions to the Bank.
2. If the Bank possesses information concerning rights and obligations or other events (e.g. corporate actions) and deems notification necessary or if the obligation to notify arises from legal acts, the Bank shall notify the Client via the Website, internet or mobile banking or another method chosen by the Bank. The Bank is not liable to the Client for any damage or expenses that have arisen or may arise as a result of the failure to inform about such rights and obligations.
3. The Bank, at its sole discretion, collects, receives, transfers, and demands from a person concerned (including the issuer or the Custodian) or a Third Party mediating the payment and forwards to the Client‘s Account any proceeds and disbursements from the Crypto-assets. The Bank has no obligation to inform the Client of such actions in advance. In the event that the relevant person (including the issuer or the Custodian) or a Third Party mediating the payment submits a claim to the Bank for the return of a payout made to the Client, the Bank has the right to transfer the payouts made to the Client back to such relevant person (including the issuer or the Custodian) or to the Third Party mediating the payment from the Client‘s Account without an additional Transaction Order from the Client.
4. If the Bank, the relevant person making the payment (including the issuer or the Custodian) or a Third Party mediating the payment is required by legal acts to withhold or pay any state and/or local taxes, duties or other fees from any payouts or Transactions made to Crypto-asset owners, the Bank shall transfer to the Client the amount from which the aforementioned taxes, duties, and other fees have been deducted. If the obligation to pay taxes, fees, and other charges becomes evident after the Bank has transferred the amount to the Client, the Bank has the right to make adjustment transfers.
5. If a person concerned (including the issuer or the Custodian) or a Third Party intermediating a payment gives the opportunity to choose whether the income received from the Crypto-assets is paid out in Crypto-assets or money, the Bank may make a choice at its own discretion. The Bank shall not be liable for any possible damage or expenses incurred by the Client in connection with making such a choice.
6. If the Client receives the Crypto-assets and/or money after the Client has terminated the Agreement and the Client‘s Account has been closed, the Bank undertakes to inform the Client thereof. If such notification is not possible, the Bank has the right to decide, at its own best discretion, the sale of the Crypto-assets at the market price and transfer the money obtained from such sale to the Client‘s Account or to the Bank Account indicated by the Client.
7. The Bank has the right to sign any and all documents and perform any acts in the name of the Client, which are necessary for exercising the rights arising from the Crypto-assets and which do not require the Client‘s Transaction Order.
8. If changes are made to the underlying distributed ledger technology or another event occurs as a result of which new rights may arise for the Client or their existing rights change, the Client is entitled to the respective Crypto-asset or new rights created due to such change on such basis and to such extent as were the Client‘s positions at the time of the occurrence of the said change or event. This applies only if the Bank and/or the Custodian supports and enables the execution of the respective event and such activity is in accordance with applicable law and the internal procedures of the Bank and/or the Custodian.
  
  If the Bank and/or the Custodian decides not to support the said event or change or not to enable its execution, the Client shall not have the right to the new Crypto-assets created by the respective event or to other rights or benefits arising from such events. The Bank shall not be liable for any possible damage or expenses incurred by the Client in connection with not supporting the aforementioned events, rights or changes.
Fees, Interest, Arrears, Taxes
1. Upon payment of the Services and Crypto-assets related fees, interest, arrears, and taxes, the General Terms and Conditions, the Price List, and this clause are followed.
2. The Bank develops the right to a service fee upon accepting a Transaction Order for execution and the right to compensation payable for expenses relating to provision of the Services upon incurring the expenses. The Bank debits the service fee and compensation from the amounts on the Client‘s Account on the Transaction Date.
3. In addition to what is established in the Price List and agreed upon in the Agreement, the Client will bear any costs arising from the acts or legislation related to the Services and/or the Crypto-assets by the Bank and/or the Custodian.
4. The Bank has the right to unilaterally amend the Terms, Special Terms and Conditions, and the Price List in accordance with the procedure set forth in the General Terms and Conditions. The Bank may unilaterally change the service fees without giving prior notice to the Client if the change is in the Client‘s favour or if the change in the service fee is caused by circumstances beyond the Bank‘s control, in particular if the change is caused by the Custodian or legislation.
Communication of notices
1. Upon sending notices to the Client, the procedure set out in the General Terms and Conditions and this clause is followed.
2. The Bank shall transmit personal information addressed to the Client that is subject to transmission on a durable medium via email, internet or mobile banking, unless otherwise agreed at the Client‘s request concerning a different method of information transmission.
3. The Bank sends the information aimed at the public and related to the Service which, according to legal acts, may be submitted to the Client via a website, to the Client via the Website on the conditions and pursuant to the procedure provided for in legislation, and the Client herewith gives their clear and irrecoverable agreement thereto.
Transfer of the Bank‘s Obligations
1. The Client hereby gives irrevocable consent according to which the Bank may use Custodians to perform the obligations and exercise the rights arising from the Agreement.
Client‘s Warranties and Representations
1. By concluding the Agreement and upon each submission of a Transaction Order, the Client confirms that they:
  1. have examined the rights and obligations of the Bank and the Client arising from the General Terms and Conditions and the Agreement and agree to them;
  2. have provided the Bank with accurate and valid data;
  3. are aware that if they provide incorrect or insufficient data to the Bank, the Bank may not be able to adequately assess the Client‘s experience and awareness to consume the Service provided by the Bank and/or to perform Transactions with a specific Crypto-asset, making it difficult or impossible for the Bank to assess or notify the Client of all significant risks to the Client;
  4. have examined the applicable legal acts to the necessary extent and undertake to fulfil all requirements established for the performance of Transactions, to follow all restrictions, applicable legal acts, rules, and customs. The Client undertakes to keep themselves constantly informed of the legal acts and rules applicable to Transactions and the dangers concerning Crypto-assets, and to bear all risks and losses resulting from the Client‘s lack of knowledge or non-compliance with such information;
  5. have read the rules for the handling and execution of Crypto-asset orders and agree to them;
  6. agree to the provision of information directed to the public in connection with the provision of Services via the Website, and this is consistent with the business activities and provision of Services between the Bank and the Client;
  7. agree that the Bank may make certain information documents available in English and confirm that they understand English sufficiently;
  8. agree and are aware that if changes are made to the underlying distributed ledger technology or another event occurs due to which they are likely to receive new rights or rights change, the Bank and/or the Custodian may decide not to support the said event or change and/or not to enable its execution;
  9. have examined the information provided concerning Crypto-asset Services via the Website and published in clause 2.3 and accept its content;
  10. have examined the information materials of the Crypto-asset being acquired (e.g. the crypto-asset white paper) and have thoroughly analysed the nature of the specific Crypto-asset and the financial, regulatory, and tax issues of the planned transaction;
  11. have examined the risks associated with investing in Crypto-assets and understand that a Crypto-asset is a high-risk instrument whose value can increase or decrease by several dozen percent or more within a single day;
  12. are aware that Crypto-assets are exposed to dangers that may result from changes in the regulatory environments of countries, cybersecurity, and various fraud schemes, which increase the risk of losing Crypto-assets in their entirety;
  13. are aware that investor protection measures characteristic of securities (including the measures of the Guarantee Fund) may not apply to the field of Crypto-assets;
  14. undertake not to use the Bank or the Service to achieve unlawful objectives and not to exercise their rights in bad faith or for the purpose of causing damage to the Bank;
  15. perform the Transaction in their own name and on their own account and are entitled to dispose of the assets necessary for the execution of the Transaction Order, including the funds and Crypto-assets in the Client‘s Account, and if the Client as a natural person is married and the said assets belong to the joint property of the spouses, the Client has the spouse‘s consent to perform Transactions with the said assets;
  16. are aware of the fact that the transmission of a Transaction Order to the Bank for the performance of a Transaction may be considered as making a purchase or sale offer to the Bank or a Third Party, and based on such a Transaction Order, the Bank may make a Transaction offer to a Third Party, which may result in a binding purchase or sale obligation;
  17. agree that the Bank has the right to perform all Transactions and actions necessary for the performance of a Transaction with all persons, including itself, and the Bank is not obliged to inform the Client of a situation where the Bank is the counterparty to a Transaction performed or to be performed on the basis of a Transaction Order;
  18. are aware and agree that the Bank has the right to aggregate Transaction Orders and that when aggregating Transaction Orders, the effect of aggregation concerning a specific Transaction Order separately may be detrimental to the Client, but overall, it is unlikely that the Client‘s interests will be harmed;
  19. bear and accept all risks associated with the Transaction, also in the event that when giving the Transaction Order, they relied on information contained in market situation overviews, forecasts, opinions, and other similar documents published by the Bank or a Third Party on the Website;
  20. are aware that performing Transactions that conflict with legal acts (including market abuse) is prohibited and punishable under criminal or misdemeanour procedures;
  21. are aware that they must verify the compliance of the Transaction Order with applicable legal acts and/or other applicable rules, requirements, restrictions, and market practice;
  22. are aware that their Crypto-assets may be held by a Third Party in the name of the Bank and are aware of the risks and consequences associated therewith;
  23. agree that the Crypto-assets may be held in the Custodian‘s nominee account together with Crypto-assets belonging to the Bank, the Custodian or other Clients;
  24. undertake to release the Bank from obligations assumed by the Bank toward Third Parties in the provision of Services and the performance of Transactions and to fulfil such obligations themselves;
  25. are aware that pursuant to legal acts, the Bank may have an obligation to provide information concerning the Client‘s transactions to an authorised Third Party and agree to the disclosure of such information;
  26. undertake to provide all-round assistance and information to the Bank and the relevant supervisory authority or other competent body in explaining and analysing the Transaction Orders transmitted by the Client, the Transactions performed, the origin of the Client‘s funds and Crypto-assets, unusual trading strategies, and the income received from Transactions or the assets that are the source of Transactions. Failure to provide explanations may be grounds for the Bank to develop a reasonable doubt concerning the compliance of the Client‘s activities with the Agreement or the provisions of legal acts;
  27. are aware and agree that for the fulfilment of requirements arising from legal acts, the Custodian‘s or other rules or decisions of competent bodies, the Bank has the right, at its best discretion, to decide on the sale of Crypto-assets at market price and to transfer the funds received from such sale to the Client‘s Account or to a Bank Account indicated by the Client;
  28. by submitting a Transaction Order, grant the Bank the authorisation to dispose of the Account for the execution of the Transaction Order in accordance with the terms regulating the provision of Services;
  29. agree that the Bank does not provide crypto-asset transfer services, and if they wish to transfer their crypto-assets elsewhere, they must sell them at the Bank.
Liability
1. The Bank and the Client are liable for a breach of the obligations (incl. those specified in the Agreement) related to provision of Services pursuant to the procedure provided for in the General Terms and Conditions and this clause.
2. Unless otherwise provided by the Imperative Provisions:
  1. the Bank does not provide any tax or legal advice services under the Agreement;
  2. the Bank is not liable to the Client for any delay and/or damage caused by technical failures and/or temporary, partial or total suspension of the use of the Service by the Bank and/or the Custodian;
  3. the Bank is not liable for any damage or loss or expenses suffered by the Client if the price of the Crypto-assets or other market conditions change during the period between acceptance and execution of the Transaction Order due to reasons beyond the control of the Bank;
  4. the Bank shall not be liable for possible damage or expenses incurred by the Client in connection with events concerning the Crypto-assets (including airdrop, fork, etc.);
  5. the Bank is not obligated to compensate the Client for damage arising from restrictions on the disposal of the Client‘s Crypto-assets at the time when the Bank had reasonable doubts that the Client is in breach of the obligations arising from legislation, the Custodian‘s or other rules, decisions of competent bodies or the Agreement;
  6. the Bank shall not be liable for the content, validity or outcome of the rights arising from the Crypto-assets belonging to the Client;
  7. the Bank shall not be liable for damage resulting from changes in the regulatory environment, realised risks in the field of cybersecurity not related to the Bank, and/or fraud schemes;
  8. the Bank has no control over the software protocols that regulate or establish the Crypto-assets Framework. The Bank is not liable for the operation or changes of the protocols underlying the Crypto-assets and cannot guarantee their functionality, security or availability;
  9. the Bank shall not be liable for damage caused by the insolvency and/or bankruptcy of the Custodian;
  10. the Bank is not liable for any damage or loss of income resulting from the Transactions made by the Client based on the Crypto-assets Market Information.
Termination of Agreement
1. The Bank has the right to terminate the Agreement on the grounds and pursuant to the procedure provided for in the General Terms and Conditions and this clause.
2. In addition to what is set forth in the General Terms and Conditions, the Bank has the right to terminate the Agreement with 15 (fifteen) days‘ prior notice if:
  1. the Client who is a legal person does not have a valid LEI (Legal Entity Identifier) code;
  2. the Client has not used the Services provided under the Agreement for 12 (twelve) consecutive months and there are no Crypto-assets in the Account;
  3. the Client does not fulfil their obligations arising from the Agreement and applicable legal acts;
  4. the activities of the Custodian are being investigated by an Estonian or foreign supervisory authority (e.g. the Financial Supervision Authority) or another competent body, and in the Bank‘s discretion, it is not reasonable to continue further cooperation with the respective Custodian.
3. In the event specified in clause 4.2.6 the Client has the right to unilaterally terminate the Agreement, but the Bank is obligated to release the assets only after completion of an investigation carried out within a reasonable time after learning of a possible infringement and in case the performance of the Bank‘s obligation is not limited by the financial supervision authority, law enforcement agency, court or another competent body of the relevant state.
4. The Agreement shall terminate automatically:
  1. upon termination of the cooperation agreement between the Custodian and the Bank, which forms the basis for the provision of the Service. The Bank will inform the Client of the termination of the Agreement as soon as possible;
  2. upon termination of the Client Agreement and/or Payment Services Agreement concluded between the Bank and the Client.
5. Upon termination of the Agreement, the Bank, without the Client‘s Transaction Order, sells the Client‘s Crypto-assets and, after all claims have been settled, transfer the remaining amounts to the Client‘s Account or, at the Client‘s expense, to another bank account indicated by the Client.
6. The Bank has the right, at its sole discretion, to allow the Client to transfer the Crypto-assets held in the Client‘s Account to the Client‘s account opened with another service provider after all claims have been satisfied.
7. The termination of the Agreement will not affect the enforceability or satisfaction of any financial claims arising prior to the termination of the Agreement, and notwithstanding the termination of the Agreement, the rights and obligations of the Parties in respect of Transactions communicated under the Agreement but not completed will remain in force until resolved. If the Transaction is binding on the Bank with regard to a Third Party, the Bank has the right, at its sole discretion, to take the necessary steps to avoid or mitigate potential damage and/or, taking into account the principle of reasonableness, to terminate all outstanding Transactions.

Terms and Conditions for Crypto-asset Services

Definitions

General provisions

Client‘s Assessment and Identification of Information

Trading

Safekeeping of the Client‘s Crypto-assets and Accounting

Rights and Obligations arising from Crypto-assets

Fees, Interest, Arrears, Taxes

Communication of notices

Transfer of the Bank‘s Obligations

Client‘s Warranties and Representations

Liability

Termination of Agreement