Terms of Business

This User Agreement (“Agreement”) constitute an electronic agreement between you (hereinafter the “User”) and UAB Multi Asset Solutions Digital (hereinafter the “MAS”, ”we”, ”us”, “our”), a company incorporated in Lithuania under registration number 306086055, having its registered office at Jasinskio st. 16, Vilnius LT-03163, Lithuania. This document sets out the terms and conditions under which we provide services to you and contains important information concerning the legally binding terms and conditions applicable to you. Please read this document carefully. You may also wish to obtain legal advice before you proceed any further.

Where you use our services on behalf of a third party, including your employer, you represent and warrant that you are authorised by such third party to access and use the services and to agree to this Agreement on the third party’s behalf.

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY SELECTING “I AGREE”, ACCESSING OR USING OUR SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THESE TERMS, AND YOU ARE AGREEING TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, OR ANY SUBSEQUENT AMENDMENTS, CHANGES OR UPDATES, DO NOT ACCESS OR USE OUR SERVICES.

• MAS Digital is registered with the Lithuanian Financial Crime Investigation Services (FCIS) as a Digital Asset Service Provider offering Virtual Currency Exchange and Custody Solutions.

• Subject to the terms and conditions of this Agreement and acceptance of the User’s application to open an account with MAS, MAS will open one or more accounts in the User’s name and will effect virtual currency transactions with and for the User, and provide such other services and products as MAS may, in its sole discretion, determine from time to time in the future. Unless expressly stated otherwise in writing, all contracts and other transactions entered between MAS and the User shall be governed by the terms of this Client Agreement, as amended from time to time.
• The Services allow User to deposit, hold and withdraw virtual currencies, as well as buy and sell virtual currencies for fiat currencies.
• The Services can be provided via third-parties web portals or cash-in terminal interface. Legal entities may use MAS to provide their end-users with direct access to MAS Services by the placement on their web portals or cash-in terminal’s interface either as MAS’s software or white-label solution. In this case, the relevant agreement on the Mutual Services must be signed with every legal entity.
• Depending on the User’s place of residence, the User may not be able to use the services of the Platform. It is the User’s responsibility to follow those rules and laws in their place of residence and/or place from which the User accesses this Site.
• Considering the nature of virtual currency wallet addresses, the possibility to refund, re-enter or change a wallet address once a transaction is initiated is absent. Users are obliged to understand this and agree on the terms prior to initiating any transactions.

As of the date hereof, and the date of each contract and other transaction in the User’s account, are revised, updated, or amended, the User represents and warrants to MAS and agrees for the benefit of MAS that:

• The User is of sound mind, legal age (18 years old) and legal competence. If the User is not a natural person, (i) User is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; (ii) execution and delivery of this Agreement and all contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this Agreement and all contracts and other transactions contemplated hereunder have been duly authorised by User; and (iii) each person executing and delivering this Agreement and all contracts and other transactions contemplated hereunder on behalf of User performing the obligations contemplated under this Agreement and any Contract and other transaction contemplated hereunder on behalf of User, has been duly authorised by User to do so.
• Execution and delivery by User of this Agreement and all contracts and other transactions contemplated hereunder, and performance of all User’s obligations contemplated under this Agreement, and any contract and other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law, or policy applicable to User. User has full beneficial ownership of User’s account.
• User has not granted and will not grant a security interest in User’s account with MAS (other than the security interest granted to MAS hereunder) to any person without MAS’s prior written consent. User has full beneficial ownership of all collateral and will not grant any security interest in any collateral to any person (other than the security interest granted to MAS hereunder) without MAS’s prior written consent.
• User will execute and deliver all documents, give all notices, make all filings, and take such other actions as MAS, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favour of MAS or to protect MAS’s interests with respect to any collateral.
• User has read and understands the provisions contained in this Agreement, and the User will review the Agreement each time it is amended.

• The User authorises MAS to purchase and sell physically and cash settled virtual currency contracts for the User’s account in accordance with the User’s instructions received through the Platform, subject to the terms of this agreement, including the applicable Addenda hereto and the User Client Application. User agrees to be conclusively responsible for any instruction received electronically that is identified with User’s access codes and for any electronic, oral, and written instruction (including, but not limited to, any Order). User shall promptly notify MAS as soon as User becomes aware or reasonably believes of any unauthorised use or misuse of the Platform, or Platforms or the Access Codes by any Person. Upon receipt of such notice from User, or if MAS believes that any person is breaching the Platforms security, using the Platform without due authority, or using the Platform in a manner that is not in the best interests of the participants therein generally, or otherwise misusing the Platform, MAS shall have the right (but not the obligation), in its sole discretion, to take any action as it may deem necessary to prevent such person from accessing or using the Platform until such time as (in MAS’s sole discretion) such breach, unauthorised use or misuse is no longer continuing or will no longer continue. User shall take all measures commercially reasonable under the circumstances to rectify such breach, use, unauthorised use, or misuse, whether requested by MAS or not, including immediately ceasing to access or use the Platform. MAS shall not be liable for any breach of Platform security or for any of the User’s losses arising therefrom, except to the extent that MAS has committed gross negligence or engaged in wilful misconduct with respect thereto.

• User agrees to not make use of the Platform or Platforms in a manner that would violate the Law. The Platforms are not available for use by any person in any jurisdiction where (by reason of the person’s domicile, status or otherwise) the availability of the Platform or Platforms is prohibited. Persons to whom such prohibitions apply must not access the Platform or Platforms.

• Subject to the User’s compliance with the terms and conditions of this Agreement, the User is granted a limited, revocable, non-exclusive, nontransferable license to access and use the Platform during the term of this Agreement, for purposes and in a manner consistent with the terms of this Agreement.
• User shall not alter, modify, or manipulate the content of the Data in any way. User shall not use the Data for any purpose other than in connection with trading on the Platform. User also shall not publish or redistribute the Data, or otherwise directly or indirectly provide any third party with access to the Data (or any Data or information derived from the Data).
• User acknowledges and agrees that the transactions the User executes through the Platform may be with Persons that are dealers in foreign currency, and virtual currency, as applicable, and that they may engage in transactions in foreign currency and/or virtual currency, as applicable, before, after, or simultaneously with User entry of an order at different prices from those provided through the Platform and may have material non-public information with respect thereto.
• User acknowledges and agrees that the transactions the User executes through the Platform will be subject to the set MAS Commission Fees and any bid/offer spread included in the virtual currency pricing offered to the User through the Platform.

• Notwithstanding any other provision of this Agreement, the User acknowledges that MAS shall have the right to restrict User’s access to, or impose limits or suspend User’s trading, or other transactions on, the Platform, either generally or in respect of specific Virtual Currency Pairs, or any other transactions, or to discontinue transmitting any or all information, or to refuse to facilitate or process any or all transactions, if in MAS’s sole discretion any of the following circumstances occur:

• • full or partial Platform failure, including failure of the technology constituting the Platform or any of the communications links within the Platform or between the Platform and any other Person or User, or any other circumstance where it is not practicable for MAS to provide the Platform;
  • a breach in the security of the Platform;
  • a breach by the User of User’s obligations under this Agreement;
  • in order to comply with Law; or
  • if market conditions generally, or conditions with respect to a particular Virtual Currency Pair or Currency trade render it necessary or desirable, in MAS’s sole determination, to do so.
• Any actions taken by MAS pursuant to this Section shall continue for such time, as MAS shall reasonably determine to be necessary or desirable. User agrees that (x) it shall be a material breach of this Agreement to evade, or attempt to evade, any suspension, restriction or limitation imposed under this Section; and (y) MAS shall not be obligated to take any action permitted under this Section. In addition, User acknowledges and agrees that only in the event any of the circumstances in (i) through (v) in this section occurs, MAS may cancel a transaction previously executed by User on the Platform so long as MAS notifies User of any such cancellation immediately and User has agreed to such cancellation after the execution thereof.

• User acknowledges that MAS shall have sole discretion and control over, and the right to modify at any time, the Platform’s functionality, configuration, appearance and content, including without limitation: (i) the parameters and protocols by which orders are placed, routed, matched or otherwise processed by the Platform; and (ii) the availability of the Platform to any User or with respect to particular Virtual Currency Pairs or other transactions at any particular places, times or locations.

• User shall pay MAS such fees and commissions (the “Fees”) as set forth and agreed upon in the Electronic Fee Schedules or any other Schedules separately provided or as set forth as MAS’s generally advertised Fees on the MAS website and/or collateral materials. User shall be solely responsible for all taxes, levies or charges imposed by any Governmental Authority of any kind whatsoever with respect to the User’s trading and/or the Fees paid to or owing with respect to the transactions executed by User via the Platform.

User acknowledges that User has been informed and that User understands that (i) MAS is simultaneously acting as a matched, riskless principal to User and to another User in an offsetting Contract trades; (ii) no service provided by MAS in connection with the Platform or otherwise shall give rise to any fiduciary or equitable duties on the part of MAS; (iiI) MAS may receive fees from one or more third parties in respect of any particular transaction executed through the Platform; and (iv) the submitting or posting of any information to or on the Platform by any Person shall not be deemed to be a recommendation by any such Person that User should enter into any particular transaction or that any particular transaction is suitable or appropriate for User.

• In order to secure any indebtedness or other obligations at any time owing from User to MAS, including, without limitation, (a) indebtedness or other obligations under any Account, Contract, trade or other transaction with MAS; or (b) any indebtedness or other obligations resulting from any guarantee by User of any Account, Contract or other transaction with MAS, User hereby assigns, pledges, and grants to MAS a security interest in and right to set off against:

• • all of User’s Accounts with MAS;
  • all Contracts, cash, securities and other property in User’s Account at MAS or delivered or otherwise provided by User to secure its indebtedness or other obligations to MAS or in MAS’s possession or control for any purpose (including safekeeping); and
  • all products and proceeds of the foregoing (collectively, (i), (ii) and (iii) are referred to as “Collateral”).
• At any time, in MAS’s sole discretion and without prior demand or notice, MAS may apply any or all cash (or sell or buy in any such Contracts, securities or other property and apply the proceeds there from) to any such indebtedness or other obligations, notwithstanding that such indebtedness or other obligations arise in an Account other than the Account in which the cash, Contracts, securities or other property were held or generated. Any failure by MAS to enforce its rights hereunder shall not be deemed a future waiver of such rights by MAS. MAS is irrevocably appointed as attorney-in-fact for User and is authorised, without notice to User, to execute and deliver any documents, give any notice and to take any actions on behalf of User, including the execution, delivery and filing of financing statements, that MAS deems necessary or desirable to evidence or to protect MAS’s interest with respect to any Collateral. If the Collateral (“Eligible Collateral”), at any time, is insufficient to satisfy User’s indebtedness or other obligations to MAS, User shall promptly pay upon demand the entire amount of such deficit.

• In the event of:
  • a breach of the terms of this Agreement.
  • MAS’s determination that any Collateral deposited to protect User’s Account is inadequate, regardless of current market quotations, to secure User’s Account;
  • as required by this Agreement; or
  • any other circumstances or developments that MAS, in its sole discretion, deems appropriate for its protection,

MAS may, in its sole discretion, take one or more, or any portion, of the following actions:

• satisfy any obligation User may have to MAS (either directly or by way of guarantee) out of any of User’s funds or property in the custody or control of MAS;
• sell or purchase any or all Contracts, CFDs and any securities or other property held or carried for User; and
• cancel any or all outstanding Orders, Contracts, Trades or other transactions or commitments made by or on behalf of User.

Any of the above actions may be taken without prior notice of sale or purchase or other notice to the User, User’s legal representatives, heirs, executor, administrator, trustee, legatee, successors or assigns and regardless of whether the ownership interest is held individually or jointly with others. Any prior demand or notice of sale or purchase shall not be considered a waiver of MAS’s right to sell or buy at any time in the future without demand or notices as provided above. Any sales or purchases may be made according to MAS’s judgment and in its sole discretion in any Over the Counter or other exchange market where such business is then usually transacted or at a public auction or private sale, and MAS may purchase the whole or any part thereof free from any right of redemption. In the event the proceeds realised pursuant to liquidation are insufficient for the payment of all liabilities of User due to MAS, User shall promptly pay upon demand the entire amount of any such deficit, together with all other deficits and all unpaid liabilities of User, including, but not limited to, all costs of enforcement and collection, such as, but not limited to, attorney’s fees, witness fees and travel expenses, interest on any such deficit and liabilities at a rate equal to three (3) percentage points above the then prevailing prime rate MAS’s principal bank or the maximum interest rate allowed by law, whichever is lower. In the event MAS incurs expenses other than for the collection of deficits, with respect to the User’s Account, User agrees to pay such expenses.

Trades executed online will be confirmed online at the time of the trade and trades entered by telephone will be confirmed verbally during operating hours. Reports of the confirmation of orders and statements of Accounts for Users shall be deemed correct and shall be conclusive and binding upon passage of thirty (30) minutes after execution of Order. User may object to confirmations solely by contacting MAS via telephone within the prescribed timeframe. Failure to object shall be deemed ratification by User of all actions taken by MAS or MAS’s agents prior to User’s receipt of such reports. User’s failure to receive a trade confirmation shall not relieve User of the obligation to object as set herein. User agrees to immediately call to MAS’s attention any oral information that User has reason to believe is inconsistent with User’s own information.

• Subject to applicable Law, any communications between MAS and User using electronic signatures will be binding to the same extent as if they were in writing. By entering into this Agreement User gives its consent to the receipt of communications by electronic means. Without limiting the generality of the preceding, reports, statements, notices and any other communications from the User to MAS Digital may be transmitted by email to: info@mas-digital.com, or by mail or other delivery services to:

UAB Multi Asset Solutions Digital
Jasinskio st. 16
Vilnius LT-03163
Lithuania

• MAS or any of its companies shall not be liable to User for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorney’s fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalisations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to MAS, User, any market, or any settlement or clearing system.

• User acknowledges and agrees that MAS is the sole owner (except to the extent owned by third-party licensors) of the Platform, the Data produced by and distributed by or through the Platform, and each component thereof, and all intellectual property and proprietary rights with respect thereto, including, without limitation, patent, copyright, trade secret, trademark and other proprietary rights, in and to the Platform and each component thereof, and to all modifications, including custom modifications, to the Platform and each component thereof, whether made by or with the assistance of User or any other Person, and any know-how, techniques, methodologies, equipment or processes used by MAS, the look and feel of the Platform and each component thereof, all software (front and back-end), all registered trademarks, trademark applications, trademarks and service marks, trade names, URL registrations and all pricing information and other Data (collectively, the “IP Rights”). User shall not obtain any intellectual property rights in or to the IP Rights.
• User shall take all steps necessary to maintain the confidentiality of all documents and material provided by MAS, its Affiliates, or third-party providers with respect to the Platform and each component thereof.
• User shall not (i) alter, maintain, enhance, or otherwise modify the Platform; (ii) disassemble, decompile or reverse-engineer the Platform; nor (iii) otherwise take express action to discover the equivalent of the Platform.
• User acknowledges and agrees that MAS shall use information regarding User’s identity and use of the Platform in accordance with its stated privacy policy, as such policy may be amended from time to time by MAS in accordance with the terms thereof. MAS is the owner of the Aggregate Data and reserves the right to manipulate, use, license (to Affiliates of MAS and to other Persons) and sublicense the Aggregate Data, in its sole discretion.
• User acknowledges and agrees that by using MAS’s Platform, products, and services, User may not disclose to any third party, unless required by law, information, either in written or verbal form, which is confidential and proprietary to MAS and/or its licensors. Such information includes, but is not limited to, pricing, fee schedule(s), and commission(s).
• User agrees to use the same standard of care the User uses to protect User’s Confidential Information, but no less than a reasonable standard of care, to prevent unauthorized use, dissemination, or publication of the Confidential Information.
• The duties in this section do not apply to Confidential Information that is: (i) lawfully within User’s possession prior to this Agreement; (ii) voluntarily disclosed to User’s by a third party so long as that party does not breach any obligation does not reveal such information; (iii) voluntarily disclosed to the public by MAS; or (iv) already generally known to the public.

• User understands and agrees that the Platform, its components, interfaces, any related equipment, any documentation, data and other materials and the existing technology are provided “as is”. The MAS Parties and any third-party providers expressly disclaim, without limitation, all warranties of any kind to User, whether expressed or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, noninfringement (except to the extent expressly described in section 18 below) or those warranties arising from a course of performance, a course of dealing or trade usage.
• The MAS Parties and any third-party providers make no representations or warranties as to the accuracy or completeness of any information on the Platform or as to the results to be attained by User from access to or use of the Platform.
• The MAS Parties and any third-party providers shall have no liability whatsoever for any claims relating to any software, any technology, any equipment, the Platform, the existing technology, data or any other information, materials, currency or that the Platform meets User’s requirements or shall be uninterrupted, timely, secure, complete, accurate or free from errors or defects.
• The MAS Parties make no warranties as to the life of any URL generated or published.
• User acknowledges that certain software and equipment used by User may not be capable of supporting certain features of the Platform. User hereby acknowledges that User has not relied upon any representations or warranties made by the MAS Parties and any third-party providers except as specifically set forth in this agreement.
• None of the MAS Parties or any third-party providers recommends, endorses, advocates or sponsors any of the virtual currencies, currency pairs or foreign currency transactions appearing on or made through the Platform. User acknowledges the substantial risks associated with virtual currency markets and trading transactions.
• MAS is not an authorised financial advisor or representative and does not give financial, tax, employment, legal or investment advice. Any price information, quotes, forecasts, return estimates or indications of past performance are for information purposes only and do not guarantee future performance and do not constitute an offer to buy or sell or any solicitation of an offer to buy or sell any virtual currencies, currency pairs or other property, nor to enter any virtual or foreign currency exchange transaction.
• The Platform shall not serve as the primary basis for any of the User’s investment decisions and none of the MAS Parties shall be deemed to be User’s financial advisor or fiduciary. User hereby acknowledges that any reliance upon any content of the Platform shall be at Users sole and exclusive risk.
• The parties hereto acknowledge that the limitations set forth in this section are integral to the amount of fees levied by the Platform, and that, were the MAS Parties to assume any further liability other than as expressly set forth herein, such fees would of necessity be set substantially higher.

User understands and agrees that the MAS Parties shall have no liability for any indirect, incidental, punitive, special or consequential damages (including, but not limited to, loss of profits, lost data, loss of use of the Platform, business interruption, loss of business reputation or goodwill, costs of substitute services, or downtime costs) suffered by User, User affiliates and any other person, even if one or more basis has or have been previously advised of the possibility of such damages and notwithstanding any failure of essential purpose. Notwithstanding any other provision of this agreement, except to the extent set forth in section 18.

• User agrees to defend, hold harmless and indemnify the MAS Parties from and against any loss, damage, cost or expense, including legal fees, incurred by any MAS Party which arises out of or relates to, directly or indirectly, (i) User’s use of the Platform (a “Covered Proceeding”), (ii) User’s failure to fully and timely perform any of User’s obligations hereunder, (iii) any of User’s representations and warranties made that may at any time be by untrue or incorrect and (iv) any failure or omission by a third party licensor.
• MAS agrees to defend, hold harmless and indemnify User from and against any claim, suit or proceeding brought by a Person, other than an Affiliate of User, to the extent that it is based on a claim that the Platform infringes any copyright or registered patent or trademark of such Person, and MAS shall pay all costs incurred by and damages (including reasonable attorney’s fees and disbursements) finally awarded against the User, but shall not be responsible for any compromise or settlement made without its consent. Such indemnity, however, is specifically exclusive of any such claims which arise or result from (i) the misuse of the Platform by the User; (ii) alteration of the Platform by the User, provided that no infringement would have occurred absent such alteration; (iii) use of the Platform by User in combination with apparatus, hardware, software or services not provided, authorised or furnished by MAS, provided that no infringement would have occurred absent such combination; and (iv) use of the Platform by User in a manner that violates this Agreement in a manner for which the Platform was neither designed or contemplated.

User shall promptly notify MAS in writing of any claim, suit or proceeding in which MAS may have obligations under this subsection 18.2. provided, however, that User’s failure to provide prompt written notice hereunder shall excuse MAS only to the extent that it is prejudiced thereby. User shall cooperate with MAS about the defense of any suit or threatened suit. MAS shall have full control of any such claim, proceeding or suit and the authority to settle or otherwise dispose of any such suit or threatened suit, and to appeal any adverse judgment, which may be entered. Upon written notice of a claim that the Platform is infringing a third party’s intellectual property rights, MAS may, but is not obligated to (i) modify or replace the Platform to make it non-infringing; (ii) procure any rights from any Person necessary to offer the Platform; or (iii) terminate providing the Platform, in each case in full satisfaction of its obligations pursuant to this subsection.

• By opening an Account with MAS and by placing Orders and entering transactions with MAS, User acknowledges that it may be providing personal information (possibly including sensitive data) to MAS, and User consents to the processing of that information by MAS for the purposes of performing its obligations under this Agreement and administering the relationship with User including the disclosure of the information to Affiliates.
• Data may be transferred to, and stored and processed in countries, which do not offer “adequate protection” for any purpose related to the operation of the User’s Account. Such purposes include the processing of instructions and generation of confirmations, the operation of control systems, the operation of management information systems and allowing staff of any of MAS’s Affiliates who share responsibility for managing the User’s relationship from other offices to view information about the User.
• MAS will not share or sell information regarding its and/or prospective Users, except to its employees, agents, partners, and associates as required in the ordinary course of MAS’s business conducted on behalf of clients, including but not limited to, MAS’s banking or credit relationships in accordance with MAS’s privacy policy, which may be found on our website, www.mas-digital.com.
• MAS may also disclose to competent regulatory authorities and law enforcement authorities any information regarding the User and User’s transactions in response to a request for such information or in response to a court order or subpoena.
• User is entitled to ask MAS for details of the personal information that MAS may hold about User, the purpose for which they are being or are to be processed, and the recipients to whom such information is or may be disclosed.

• User understands, acknowledges, and agrees that MAS may amend or change this Agreement at any time by MAS with the revised terms of the Agreement taking effect from the date of publication, unless otherwise specified by either

1. 1. publishing the revised terms of this Agreement on its website; or
   2. by sending an email message to User.

User’s continued use of the Platform shall be deemed to constitute acceptance of any such revised terms of this Agreement. No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by MAS or its agents to assert its rights under this Agreement on any occasion or series of occasions. No oral agreements or instructions to the contrary shall be recognized or enforceable.

• This Agreement shall continue and be in effect until termination by User or MAS.
• User may terminate this Agreement if:
  • User has no Virtual Currency in their account(s) with MAS and no liabilities held by or owed to MAS; and
  • User has provided written notice to MAS by email to info@mas-digital.com or by first class post or other delivery service to MAS; and
  • MAS has accepted the notice as provided in Section 18 hereof.
• MAS may, in its sole discretion, terminate this Agreement at any time, effective immediately.

Termination by either party shall not affect any Contracts or other transactions previously entered and shall not relieve either party of any obligations set out in this Agreement, nor shall it relieve User of any obligations arising out of any deficit balance.

• This Agreement embodies the entire agreement between MAS and the User and supersedes any prior written and oral agreements except for an ISDA Master Agreement (including Schedule, Confirmations, Credit Support Annex, etc. thereto and referred to in this section as the “ISDA Master Agreement”) entered between MAS and the User.
• In the event of any inconsistency or conflict between the provisions of:

• • this Agreement; and
  • the ISDA Master Agreement, then the provisions in the ISDA Master Agreement shall prevail over the provisions of this Agreement.

• User acknowledges and agrees that all conversations between User and MAS principals, agents, employees, or associates, including client service and operations desks may, at the option and in the sole discretion of MAS, be recorded electronically with or without the use of an automatic tone warning device. User further agrees to the use of such recordings and transcripts thereof as evidence by MAS in connection with any dispute or preceding that may arise involving User or MAS.

• This Agreement shall be continuous and shall cover, individually and collectively, all Accounts of User at any time opened or reopened with MAS, irrespective of any change or changes at any time in the personnel of MAS or its successors, assigns, or affiliates.
• This Agreement, including all authorisations, shall inure to the benefit of MAS and its successors and assigns, whether by merger, consolidation, or otherwise and shall be binding upon User and/or the personal representatives, heirs, executor, administrator, trustee, legatees, legal representative, successors and assigns of User.

• This User Agreement shall be governed by and construed in accordance with the laws of the Republic of Lithuania, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and this User Agreement shall be submitted to the Lithuanian Courts, as the Court of first instance. If any portion of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

• Each of the parties irrevocably:
  1. Agrees that the courts of the Republic of Lithuania will have jurisdiction to settle any Proceedings and submits to the jurisdiction of such courts (if this will not prevent us from bringing any proceedings against you in the courts of any other jurisdiction); and
  2. Waives any objection, which it may have at any time to the laying of venue in respect of any Proceeding brought in any such court and agrees not to claim that such Proceeding has been brought in an inconvenient forum or that such court does not have jurisdiction over it.

• This Agreement shall not be deemed to be accepted by MAS or become a binding contract between User and MAS until the signed User Account Application has been received and approved by MAS.
• If there are any unauthorised alterations or deletions to this Agreement or related documents such alteration and deletions shall not be binding on MAS and said original forms shall govern Account.

• Sections 17, 18, 19, 21, 22, 29, 30, 31, and 32 hereof shall survive the expiration, termination, and/or completion of this Agreement.

• User shall not assign this Agreement in any manner without the prior written consent of MAS, and any attempted assignment in violation of this paragraph shall be null and void.
• MAS may assign this Agreement to another Person in connection with the transfer of all or part of MAS’s assets or business to an Affiliate of MAS or to a third party.
• This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns and legal representatives.
• This Agreement shall be for the sole benefit of the parties to this Agreement and their respective successors, permitted assigns and legal representatives and is not intended, nor shall it be construed, to give any other Person (other than the parties hereto), any legal or equitable right, remedy or claim hereunder.

• The parties to this Agreement are independent contractors. Neither party is an agent, representative or partner of the other party. Neither party shall have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
• This Agreement shall not be interpreted or construed to create an association, agency, joint venture, or partnership between the parties or to impose any liability attributable to such a relationship upon either party.

The invalidity of any portion hereof shall not affect the validity, force, or effect of the remaining portions hereof. If it is ever held that any restriction hereunder is too broad to permit enforcement of such restriction to its fullest extent, such restriction shall be enforced to the maximum extent permitted by law.

• In the event of a violation or threatened violation by User of Sections 6, 7 or 17 hereof, or the violation or threatened violation by User of the IP Rights, MAS shall have the right, in addition to such other remedies as may be available pursuant to law or this Agreement, to injunctive (including preliminary and permanent injunctions and temporary restraining orders) or declaratory relief enjoining such act or threatened act. User acknowledges that legal remedies for such violation or threatened violation are inadequate.

The headings and table of contents in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

• If you have any questions or concerns regarding this User Agreement, please contact us at info@mas-digital.com.

Definitions and Glossary