Use Contract

    1. EPIC eWallet Terms and Conditions of Use

     

    1. Introduction
    • About us.EPIC eWallet is an ecosystem centered around an electronic exchange platform for the trading of Digital Assets, which is currently in a pilot testing phase. It offers its users a trading system where they can buy and sell Digital Assets within a controlled transaction environment. This constitutes an integrated custody solution that facilitates the safekeeping of said assets, as well as other related services.

    By creating an account with EPIC eWallet, the user enters a binding contract with us. These Terms shall govern the user’s utilization of the EPIC eWallet services and will inform the user about who we are, how we provide the services, how these Terms may be modified or terminated, what the user must do in case of a dispute, and other relevant matters. Upon acceptance of the Terms and Conditions, the user shall be deemed to have accepted the entirety of the remaining documents included in this space.

     

    The user must carefully read these Terms alongside with the documents referenced herein and communicate any questions regarding their understanding to us.

     

    Where local terms are applicable to the access or use of the EPIC eWallet services, such local terms shall govern accordingly or to the extent applicable.

     

    For the purposes of these Terms, “EPIC eWallet,” “we,” “us,” or “the Company” designates the entity identified on the platform as the service provider; the identity of the responsible entity may be updated and reflected in subsequent revisions to these Terms.

     

    1.2 Definitions and Terms: Furthermore, the definitions and interpretations in these Terms and Conditions of Use shall be reflected as follows:

     

    1. The headings and numbering are included for user convenience onlyand shall not affect the meaning, priority, or interpretation of the clauses or sub-clauses.

     

    1. The words “include,” “includes,”and “including” shall mean “including, without limitation” or “including but not limited to,”

     

    1. It shall be understood that any covenantor obligation to do or to refrain from doing an act shall also include the undertaking not to permit or facilitate the performance of such act.

     

    1. Words in the singular shall include the plural and vice versa; words in one gender shall include any gender.

     

    1. Any reference to a document shall be understood to be a reference to that document as amended, varied, or renewed from time to time, provided it does not contravene these Terms.

     

    1. In the event of a discrepancy or inconsistency between these Terms (including any document referred to herein), such inconsistency shall be resolved by applying the following order of precedence: i. Product Terms ii. Privacy Notice iii. These terms.

     

    1. Unless the context otherwise requires, the following terms shall have the meanings specified:

     

    Access ID: Means the user’s EPIC eWallet account data, including but not limited to, user ID, passwords, personal identification numbers (PINs), API keys, secret API keys, or any other code or authentication mechanism used to access the account or the services, as well as to submit instructions.

     

    Account History: Means the written record (including electronic records) of the operations and transactions (or movements) of the user’s EPIC eWallet account.

     

    Airdrop: Means the distribution, or attempted distribution, by a digital asset network to compatible addresses within that network.

     

    API: means application programming interface

     

    Applicable Law: Comprises all laws, statutes, principles of equity, ordinances, regulations, directives, court orders, resolutions, mandatory codes of conduct, circulars, guidelines, and interpretations issued by governmental authorities, regulatory bodies, or self-regulated organizations of which EPIC eWallet is a member, that are applicable to the provision, receipt, or use of the EPIC eWallet Services, or of any product or deliverable related to these Terms or the Product Terms.

     

    Backed Digital Assets: Shall have the meaning ascribed to it in Clause 15.4.

    EPIC eWallet Account: means any account (including Corporate Accounts) or sub-accounts that EPIC eWallet opens for the user to register and utilize the application services.

    EPIC eWallet Affiliates or EPIC eWallet Operators: Refers to all entities that manage EPIC eWallet, including legal persons (legal entities) (such as Nest Services Limited and Bifinity Bitfi Technology Limited), organizations without legal personality (unincorporated organizations), and teams responsible for the provision of the services. Under these Terms, the EPIC eWallet Operators may vary as the business evolves, provided they shall comply with the obligations established herein and provide the services without affecting the user’s rights. The scope of the Operators may be expanded with the incorporation of new services; if the user continues to use them, the user shall be deemed to accept these Terms with the new operators. In the event of a dispute, the responsible entities shall be determined according to the specific services utilized and the actions that affect the user’s rights or interests.

     

    EPIC eWallet API: means an API made available to the user by an EPIC eWallet Affiliate as a service, or for third-party applications that rely on such API.

     

    EPIC eWallet Intellectual Property (IP): Means the intellectual property created and all other intellectual property rights that are owned by or licensed (with the possibility of sublicense) to EPIC eWallet on the date of these Terms, as well as any rights subsequently acquired or licensed, and that are made available to the user in the course of providing the services.

     

    EPIC eWallet Services: means the services offered to the user through the platform.

     

    EPIC eWallet Sub-Account: means a sub-account configured under a main EPIC eWallet account.

    EPIC eWallet Affiliates or EPIC eWallet Operators: Refers to all entities that manage EPIC eWallet, including legal entities (legal persons), unincorporated organizations, and teams responsible for the provision of the EPIC eWallet Services.

     

    PURSUANT TO THESE TERMS, THE EPIC EWALLET OPERATORS MAY VARY AS THE EPIC EWALLET BUSINESS IS ADJUSTED, IN WHICH CASE, THE MODIFIED OPERATORS SHALL BE REQUIRED TO SATISFY THEIR OBLIGATIONS UNDER THESE TERMS AND PROVIDE THE SERVICES, PROVIDED THAT SUCH CHANGE DOES NOT ADVERSELY AFFECT THE USER’S RIGHTS OR INTERESTS.

    FURTHERMORE, THE SCOPE OF THE EPIC EWALLET OPERATORS MAY BE EXPANDED DUE TO THE INCORPORATION OF NEW SERVICES. IN SUCH EVENT, IF THE USER CONTINUES TO UTILIZE THE EPIC EWALLET SERVICES, THE USER SHALL BE DEEMED TO HAVE ACCEPTED JOINTLY EXECUTING THESE TERMS WITH THE NEWLY ADDED OPERATORS. IN THE EVENT OF A DISPUTE, THE USER SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE EXECUTED AND THE COUNTERPARTIES TO THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES UTILIZED AND THE ACTIONS THAT AFFECT THE USER’S RIGHTS OR INTERESTS.

     

    EPIC eWallet Sub-Account: means a sub-account configured under a main EPIC eWallet account.

     

    Chat Service: shall have the meaning ascribed to it in Clause 5.

     

    Claim: means any dispute, claim, difference, or controversy between the user and EPIC eWallet (or any EPIC eWallet Affiliate) arising out of or related to:(a) These Terms or any Product Terms, including their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability, or consequences of their voidness. (b) The user’s relationship with EPIC eWallet (or any Affiliate) as a customer, whether based in contract, tort (or extracontractual liability), statute, fraud, misrepresentation, or other legal theory, and whether the Claims arise during or after the termination of these Terms. (c) Any non-contractual obligation arising out of or related to these Terms, any Product Terms, or the user’s relationship with EPIC eWallet (or its Affiliates).

     

    Control: means the power of a person to ensure that the affairs of another are conducted in accordance with its wishes, whether through:

     

    (a) In the case of a company, being the beneficial owner of more than fifty percent (50%) of the issued share capital or voting rights or having the right to appoint and remove the majority of the directors or controlling the votes at board meetings through powers conferred by constituent documents, shareholder agreements, or other instruments.

     

    (b) In the case of a partnership or association, being the beneficial owner of more than fifty percent (50%) of the capital or having the right to control the composition or the votes of the majority of the board of directors through powers conferred by the partnership agreement or other documents governing the association.

     

    EPIC eWallet Corporate Account: means an EPIC eWallet Account maintained on behalf of a corporation, entity, or organization for the provision of the EPIC eWallet Services.

     

    Created Intellectual Property: means any Intellectual Property Rights generated by the user pursuant to these Terms, including user materials, but excluding any other pre-existing Intellectual Property of the user.

     

    Digital Assets: means a digital representation of value or rights that can be transferred and stored electronically using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens (NFTs), and tokenized derivatives of any other digital asset.

     

    Dominant Digital Asset: means a digital asset subject to a fork that prevails over one or more resulting versions of said fork, as determined by EPIC eWallet in its sole discretion.

     

    Email Account: means the email accounts associated with the user’s EPIC eWallet accounts, as agreed upon with EPIC eWallet and in accordance with the processes established for the use of the platform.

     

    Fiat Currency: means any currency or monetary obligation issued by a national or supranational government or central bank, denominated in such currency, and which does not constitute a Digital Asset.

     

     

     

    Force Majeure Events: include, but are not limited to: a. Fire, strike, riot, civil unrest, act of terrorism, war, or industrial action. b. Natural disasters such as floods, tornadoes, earthquakes, and hurricanes. c. Epidemic, pandemic, or public health emergencies of national or international scope. d. Any law or regulation issued by a government, agency, or supranational authority that prevents the provision of the EPIC eWallet Services on the platform. e. The suspension or closure of any EPIC eWallet Affiliate. f. The nationalization of any EPIC eWallet Affiliate. g. The imposition of extraordinary limits or conditions by a government on any Digital Asset operated on the platform. h. Technical failures in transmission, communication, or computing facilities, including power or equipment failures. i. Failure or breach by suppliers, intermediaries, agents, custodians, sub-custodians, distributors, exchanges, staking platforms, liquidity pools, bridge providers, issuers of Backed Digital Assets, market makers, clearing houses, or regulatory bodies of their obligations to EPIC eWallet. j. Any labor or trade dispute, strike, or lockout (unless initiated by EPIC eWallet or its Affiliates). k. Events that significantly disrupt the Digital Asset market, including extreme movements in price, supply, or demand, whether regulated or not.

     

    Fork: means any planned or unplanned, sudden or scheduled, consensual or contentious change in the underlying operating rules of certain Digital Assets that may result in the creation of one or more related versions of an existing asset.

     

    Forked Digital Asset: means a Digital Asset that arises as a consequence of a Fork.

     

    Improper Intent: means EPIC eWallet reasonably determines that there may be actual or alleged market manipulation or abuse by the user, including taking advantage of opportunities where the executed price of a transaction does not reflect prevailing market rates or unfairly benefiting from the manner in which EPIC eWallet offers pricing.

     

    Instruction: means any order, request, or instruction given to EPIC eWallet by the user or an authorized user concerning the operation of their account or for the execution of any transaction, through the means and in the manner required by EPIC eWallet.

    Intellectual Property Rights: include: (a) copyrights, patents, database rights, trademarks, designs, know-how, procedures, and confidential information (whether registered or unregistered); (b) applications for registration and rights to apply for the registration of any of the foregoing; (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

    Local Terms: refers to the conditions that govern the use of EPIC eWallet Services in a specific jurisdiction.

     

    Losses: shall have the meaning ascribed to it in Clause 29.1.

     

    Manifest Error: means any error, omission, or incorrect quotation (whether by EPIC eWallet or a third party) that is obvious or palpable, including an erroneous quotation by any representative of EPIC eWallet considering the prevailing market and published quotations at that time, or any error in information, sources, official results, or pronouncements.

     

    Mobile Application: means any mobile application developed or provided by EPIC eWallet or its Affiliates that allows the user to access or otherwise utilize the EPIC eWallet Services.

    Network Event: in relation to a Digital Asset, means any event (other than an Airdrop or Fork) regarding the underlying blockchain or smart contract of the Digital Asset, which is outside the control of EPIC eWallet and that results in: (a) loss of control or ownership by EPIC eWallet or a third party of any amount of said Digital Asset; or (b) alteration, reversal, or invalidation of transaction records on the blockchain, whether due to fraud or consensus, including double-spending attacks, 51% attacks, or blockchain reorganizations, as determined by EPIC eWallet in good faith and in its discretion.

     

    Authorized User: means any individual identified by the user and communicated to EPIC eWallet, pursuant to these Terms, who is authorized to act on behalf of a user regarding an EPIC eWallet Corporate Account or, with prior written consent, on behalf of a third party regarding a Sub-Account linked to a Corporate Account.

     

    Platform: means the digital platform that EPIC eWallet or its Affiliates make available to the user through the Websites, the Mobile Application, an EPIC eWallet API, or any other means indicated for the use of the Services.

     

    Privacy Notice: means the privacy notice published on the official EPIC eWallet application.

     

    Product Terms: means the specific terms and conditions applicable to each EPIC eWallet product or service, in addition to these Terms.

     

    Regulatory Authority: Refers to any governmental, executive, legislative, judicial, administrative, supervisory, or regulatory authority, whether national or international, as well as agencies, courts, commissions, self-regulated organizations, tax authorities, or supranational authorities with regulatory jurisdiction.

     

    Restricted Person: means a person or entity that: (a) is included in commercial or economic sanctions lists, terrorist lists, or corrupt official lists (such as lists of the UN Security Council, OFAC, the US Department of Commerce, the United Kingdom, the European Union, or Canada); or (b) resides, operates, or has activities in countries included in the Prohibited Countries List.

     

    Risk Warning: means the general risk warning published on the EPIC eWallet application.

     

    Security Failure: Means: a. That the user’s EPIC eWallet accounts or their Access IDs have been compromised. b. The loss, theft, or unauthorized use of any User Access ID, or the unauthorized access and use of their Account or the Services on their behalf. c. Any other security incident (including cyberattacks) that affects the user or EPIC eWallet.

     

    Sites: means the official EPIC eWallet website and any other portal, page, feature, or content operated by EPIC eWallet.

    Supported Digital Assets: means those Digital Assets available for trading in connection with the EPIC eWallet Services.

     

    Terms: Means these Terms of Use, together with any document expressly incorporated by reference, including the Product Terms, as amended or supplemented from time to time.

     

    Trademarks: means the Intellectual Property Rights in trademarks, service marks, and logos used and displayed on the Platform, the Sites, or the EPIC eWallet Services.

     

    Transaction: means selling, buying, or undertaking any other operation, or agreeing to undertake it, involving Digital Assets, their derivatives, or other products, as permitted by EPIC eWallet on the Platform, as well as transferring Digital Assets or Fiat Currency to or from the user’s account.

     

    User Intellectual Property: means the Intellectual Property Rights that are owned by or have been licensed to the user on the date of these Terms, and any other rights subsequently acquired or licensed, excluding the EPIC eWallet Intellectual Property.

     

    User Materials: means the Intellectual Property Rights in opinions, posts, data, comments, or information that the user provides to EPIC eWallet on the Websites, the Platform, through the use of the Services, or by any other means.

     

     

     

     

     

     

    • Supplementary Documents. These Terms refer to various additional documents that are likewise applicable to the use of the EPIC eWallet Such documents include, but are not limited to:

     

    1. Privacy Notice, which governs the processing of personal data that we collect from the user or that the user provides to us. By utilizing the services, the user consents to such processing and warrants that the information provided is truthful and up to date.

     

    1. Risk Warning, which contains relevant information about the inherent dangers of buying, selling, holding, or investing in Digital Assets.

     

    1. Fee Schedule, which shall be published in the application.

     

    1. Product Terms, which set forth additional conditions applicable to specific services offered by EPIC eWallet.

     

    The user agrees to comply with the additional terms and conditions that are applicable to their use of the services.

     

    1. Elegibility
    • Eligibility Requirements. To register an account with EPIC eWalletand utilize its services, the user must:

     

    1. Be a natural person or legal entity, corporation, or organization with the capacity, authority, and legal power to (i) access and use the Services and (ii) assume and fulfill the obligations derived from these Terms.

     

    1. If a natural person, have reached the age of majority pursuant to Applicable Law (generally, 18 years of age or the minimum legal age in their jurisdiction).

     

    1. If signing on behalf of a legal entity, act with the due authority to bind such entity, providing the documentation that evidences their representation.

     

    1. Not have been previously suspended or expelled from the use of the services by EPIC eWallet.

     

    1. Not be a Restricted Person, sanctioned, or included on international or national sanctions control lists.

     

    1. Not currently have another active account with EPIC eWallet, unless expressly authorized by the Company.

     

    1. Not be domiciled, incorporated, or conducting commercial operations in territories where, in the judgment of EPIC eWallet, the access or use of the services is unlawful or prohibited; nor be a resident of jurisdictions included in the Company’s list of restricted countries.

     

    1. Provide any additional documentation that EPIC eWalletrequires to verify their identity, legal status, source of funds, or for any compliance reason.

     

    • Changes to Eligibility Requirements.EPIC eWallet may revise and modify the eligibility requirements in its sole discretion. Where feasible, we shall notify the user in advance, although it may sometimes be necessary to introduce changes without prior notice due to legal, regulatory, or user interest reasons. In such cases, we will inform the user as soon as possible following the modification.

     

    The reasons that may justify changes without advance notice include, but are not limited to, (i) regulatory amendments; (ii) measures adopted in the user’s interest or the Platform’s security; and (iii) other circumstances that prevent sending advance notification.

     

    1. Communication Channels
    • Valid means. Las comunicaciones entre EPIC eWallety el usuario se efectuarán a través de los canales habilitados en la plataforma, incluido el correo electrónico registrado, notificaciones dentro de la aplicación, dirección postal indicada en la cuenta o cualquier otro medio que EPIC eWallet disponga y figure como oficial.
    • Notifications to the User.EPIC eWallet may send the user notices related to the account, changes to the Terms, product updates, security alerts, and any other relevant message through the aforementioned channels. The notice shall be deemed effective at the moment it is sent through said channels, absent proof to the contrary.
    • Communications from the User.The user must keep their contact information updated and shall be responsible for the receipt of communications. Instructions, requests, or notices addressed to EPIC eWallet must be submitted through the channels specified on the Platform; in case original or signed documentation is required, EPIC eWallet shall specify the procedure to be followed.
    • Language. The version of the communications and the Terms that shall prevail shall be the one expressly indicated on the Platform; EPIC eWalletmay provide translations, but only the designated official version shall have binding force in the event of a discrepancy.
    • Claims and Support.To report incidents, submit inquiries, or initiate claims, the user must utilize the support mechanisms enabled on the Platform. EPIC eWallet shall address the requests in accordance with its internal processes and, where applicable, shall provide a response within the timeframes stipulated in its customer service policy.

     

    1. EPIC eWallet Services

    4.1. Specific Product Conditions. Once the user has registered an account with EPIC eWallet, they may access and use the services offered in accordance with these terms and the Product Conditions governing each particular service.

    4.2. Intra-group Services. The user acknowledges and consents that certain EPIC eWallet services may be provided by companies linked to or affiliated with the EPIC eWallet group.

     

    1. Chat Service
    • Chat Availability.EPIC eWallet may, at any time, enable an interactive online chat channel (“Chat Service”) for the user, related to the utilization of its services. By employing said channel, the user may interact with automated assistants (bot, chatbot, or other digital systems). EPIC eWallet shall disclose the use of non-human tools to the extent required by Applicable Law. By connecting via the Chat Service, the user authorizes EPIC eWallet to monitor and retain the conversations held.

     

    • Relevant Information.The Chat Service is offered as a support mechanism to facilitate the understanding of the EPIC eWallet Reasonable efforts will be made to provide truthful and up-to-date information based on the user’s inquiries. However, no communication through the Chat Service shall constitute a contract, binding representation, or legal warranty regarding the services, processes, decisions, or response times. Personal data shared during the use of the Chat Service shall be subject to the privacy policies contained in the Privacy Notice.
    • User Chats. EPIC eWallet may enable direct communication spaces between the platform users (“User Chats”).

     

    • Prohibited Conduct.The user shall not utilize the Chat Service or the User Chats to transmit offensive, libelous, false, or obscene messages, nor to manipulate markets or disseminate misleading information contrary to Applicable Law. Breach of this provision may result in the immediate termination of the session and the imposition of access restrictions to the EPIC eWallet

     

     

    1. Feed and calculations
    • Payment of Fees. The user covenants to pay all corresponding fees for the use of the EPIC eWalletservices, as set forth in the Fee Schedule section of the application or as provided in the applicable Product Terms.

    The user authorizes EPIC eWallet to deduct outstanding fees, tariffs, interest, charges, and other amounts directly from their account, pursuant to the published calculation method. If the user owes an amount in one Digital Asset and does not have sufficient balance, EPIC eWallet may deduct the amount in another Digital Asset, effecting the corresponding conversion—or to equivalent fiat currency—according to the prevailing rate on the Platform or a commercially reasonable rate. In the event of a total insufficiency of balances, the user acknowledges that the outstanding amount shall constitute an enforceable obligation, in the form and currency that EPIC eWallet reasonably determines.

     

    • Fee Adjustment.EPIC eWallet may modify its tariffs from time to time, as provided for in Clause 18.3 of these Terms.

     

    • Calculations. Except in the case of a Manifest Error, any calculation effected by EPIC eWalletin relation to its services shall be final and binding upon the user. Said calculations shall be performed in accordance with the methodology established for each Service, under criteria of good faith.

    ACCOUNT INFORMATION OF THE USER ON EPIC eWallet

    1. Creation of fan EPIC eWallet account

     

    • Account Opening. The user shall register and maintain an account with EPIC eWalletto access the Services and the Platform. This may be an individual account or a Corporate Account, in the case of a legal entity.

     

    All accounts are enabled at the sole discretion of EPIC eWallet, which reserves the right to reject applications without needing to provide reasons, and to limit the number of Accounts a User may maintain.

     

    • Exclusive use. By opening an account with EPIC eWallet, the user agrees that:

     

    1. If a natural person, they shall use their account solely for themselves, unless prior written authorization is obtained from EPIC eWallet.

     

    1. If a legal entity, its Authorized Users shall use the Corporate Account exclusively for the benefit of the entity, and not on behalf of third parties, unless prior written authorization is obtained. The user shall not grant direct access to the Platform market to third parties, including through Sub-Accounts, unless such third parties have completed the identity verification required by EPIC eWalletand have been incorporated as Authorized Users. Every person or entity utilizing a Sub-Account shall complete the corresponding verification to be considered an Authorized User and access the Services.

     

    The user shall be fully responsible for all activity carried out in their account.

    • Identity Verification. Before opening an account and accessing the Services, the user shall complete the verification procedures established by EPIC eWallet.
      1. Information Requirements
    • Circumstances Under Which We May Request Data. EPIC eWalletmay require information from the user at any time to comply with Applicable Law, identity verification procedures, or in relation to the detection of money laundering, terrorist financing, fraud, or other financial crimes, or for any other legitimate reason. The user covenants to provide us with the requested information and authorizes us to retain a record of their EPIC eWallet account data for the time necessary to fulfill the intended purpose, or for the period established by Applicable Law.
    • Consequences of Information Submission. The user’s access to their EPIC eWalletaccount and the applicable transaction limits may be modified based on the information continuously gathered. If there is reasonable suspicion that the data provided is incorrect, false, outdated, or incomplete, EPIC eWallet may send a notice requesting corrections, deletion of the pertinent information, or any other measure we deem necessary to ensure the truthfulness and accuracy of the data.

     

    • Failure to Provide Information.The user shall comply with all requests for information. If the user refuses to provide the required data or fails to comply with the request in a timely manner, EPIC eWallet reserves the right to immediately suspend or cancel access to their account and to all or part of the services, without the need for prior notice.

     

    1. Acces to the Epic eWallet Account
    • Access Conditions. To access their EPIC eWalletaccount, the user or, where applicable, the Authorized Users, must have the necessary equipment (such as a computer or mobile device) and an Internet connection. The account shall be accessible directly from the Platform or through other access mechanisms (including APIs) that EPIC eWallet The user shall only access their account utilizing the access credentials provided to them or their Authorized Users. EPIC eWallet may require multi-factor authentication to strengthen account security.

     

    The use of the Platform and other access methods may be subject to additional conditions communicated to the user.

     

    • Restriction of Third-Party Access. The user may consult their transaction history on the Platform. The user must review said history carefully and notify us if they detect any unknown or incorrect entry or transaction within fourteen (14) calendar days following the date the history is accessed or made available.

     

    1. Account information and transaction record
      • Account History. The user may consult their transaction history on the Platform. The user must review said history carefully and notify us if they detect any unknown or incorrect entry or transaction within fourteen (14) calendar days following the date the history is accessed or made available.

     

    • Correction of Errors.EPIC eWallet may reverse transactions at any time. However, in the event that the trace of the operation is auditable by the user, EPIC eWallet cannot erase the traceability of the operation. In such case, EPIC eWallet shall perform the transaction reversal by recording an outgoing or incoming movement, as the case may be.

     

    The user acknowledges and accepts that, in the event of executing a transaction with Improper Intent or under Manifest Error, they authorize EPIC eWallet (without cost, penalty, or liability for EPIC eWallet and provided the action complies with Applicable Law) to adopt one of the following measures:

    1. Cancel or annul the transaction and treat it as if it had never been executed
      1. Adjust the transaction price (upon notice to the user of the corrected price) to reflect the prevailing market value at the corresponding time, as determined by EPIC eWalletby reference to a reliable pricing source.

    If EPIC eWallet cancels a transaction pursuant to these rights, it shall revert any transfer of Digital Assets made from or to the user’s account as if it had never taken place.

     

    If EPIC eWallet modifies a transaction pursuant to these rights, it shall confirm the adjusted terms to the user through an agreed communication channel and shall effect the necessary transfers of Digital Assets from or to the account to reflect the corrected terms.

    The user acknowledges and accepts that they shall be solely responsible for operations they have executed with third parties in relation to any transaction that may be subject to cancellation or modification under these rights.

    • Disclosure of Information. Pursuant to these Terms or Applicable Law, EPIC eWalletmay be obliged to share information regarding the user’s account and history with third parties and its Affiliates. The user acknowledges and accepts our right to disclose such information. For further details on the processing of personal data, the user may consult the Privacy Notice.

     

    Account Usage

     

    1. Instructions
      • Issuance of Instructions. The user shall ensure that any Instruction submitted is complete and accurate. EPIC eWallet is not obligated to verify the accuracy, authenticity, or validity of the Instructions and shall not reject Instructions merely because they are or appear to be duplicates. Notwithstanding the foregoing, if there is doubt regarding its validity, EPIC eWalletmay refuse to act or postpone execution, requesting additional information.

    Instructions are irrevocable; once submitted, the user or their authorized parties may not retract them without the written consent of EPIC eWallet. The Instruction shall be deemed received only when it reaches our servers. Our record of all Instructions shall be conclusive and binding upon the User.

    • Execution of Instructions. By submitting an Instruction, the user or their authorized parties authorize EPIC eWalletto initiate the operation on their account. EPIC eWallet may credit or debit (or provide settlement information to involved third parties) the Digital Assets in the account pursuant to the Instruction. If the user does not have sufficient funds in Digital Assets or Fiat Currency to settle the operation and cover the associated fees, EPIC eWallet may refuse to execute the transaction. Furthermore, it may decline to act pursuant to the Instructions to the extent permitted by these Terms. It is the user’s responsibility to maintain sufficient funds in their account.
    • Security of Instructions.The user acknowledges that Instructions and information transmitted via the Platform or email are sent over the Internet and may pass through public and transnational networks that are not specially protected. EPIC eWallet cannot warrant that such transmissions are completely free from unauthorized access, and the User accepts the associated risks.

     

    • Withdrawals. Subject to these Terms and any applicable Product Terms with regulated local partners and provided the User has sufficient balance in their account and the corresponding Digital Assets are not held in relation to any Service, the User may instruct EPIC eWalletto transfer Digital Assets to an external wallet through a withdrawal request on the Platform. Upon receipt of the request, EPIC eWallet shall: (i) deduct the balance from the user’s account; (ii) initiate the on-chain transfer to the designated external wallet.

     

    EPIC eWallet shall not process a withdrawal request if, in our reasonable judgment, Applicable Law prevents its execution. EPIC eWallet may also temporarily suspend withdrawals when it deems necessary to resolve incidents on the Platform. Once resolved, withdrawals shall resume.

    1. Operations

     

    • Execution of Operations. The user may execute operations directly with EPIC eWallet or with other users, which may or may not be facilitated by EPIC eWallet.

     

    EPIC eWallet does not assure or guarantee that an operation will be successfully completed or within a specified timeframe.

     

    • Unauthorized Operations. The user is responsible for the control and use of their account with EPIC eWallet.Consequently, any Instruction submitted from their account shall be presumed to have been authorized by them or their Authorized Users, unless we are notified otherwise. It is essential for the user to review their Account History to identify suspicious or unauthorized activity and report it to us as soon as possible. EPIC eWallet shall not be liable for claims or losses arising from an operation executed as a result of an unauthorized Instruction, unless the user has notified us pursuant to this clause and our investigation confirms that neither the user nor their authorized parties issued the Instruction, even due to error, negligence, mistake, or fraud, and that the unauthorized Instruction is exclusively attributable to a technical failure of EPIC eWallet.

     

    • Retention of Operation Information. To comply with international data retention regulations, the user authorizes EPIC eWallet(without implying an obligation) to maintain a record of all operation information for the duration of their account, provided it is necessary for the intended purposes or for the period established by Applicable Law. The user may consult our Privacy Notice for more details on how we collect and use data related to the use and performance of our service

     

    1. Material Interest and Conflicts

     

    • EPIC eWalletThe user understands that EPIC eWallet is part of a group of companies involved in crypto-asset related activities. Furthermore, the user consents that, when operating on this Platform, the operational entity may be substituted or modified by another company within the EPIC eWallet group, which shall be notified through these Terms or other official means, as appropriate in each jurisdiction.

     

    • Nature of Our Obligations. The user acknowledges and agrees that neither their relationship with EPIC eWalletnor the services we provide, nor any other matter, shall generate legal, fiduciary, or equitable obligations on our part or on the part of our Affiliates, save as expressly set forth in these Terms. In particular, EPIC eWallet and its Affiliates may act in various capacities and receive fees or tariffs from more than one user. The user accepts that we may act pursuant to said capacities, provide other services, and conduct activities with them, with our Affiliates, and with other users.
    • Material Interests. The user acknowledges and agrees that neither EPIC eWalletnor its Affiliates shall be obligated to: (1) consider information that constitutes a material interest; (2) disclose such information to the user; or (3) use it for the benefit of the user. The user also accepts that EPIC eWallet may receive general market information in the course of providing its Services and use it in the ordinary course of its business.

     

    • Conflicts of Interest.EPIC eWallet has established and maintains effective organizational and administrative mechanisms to identify and manage conflicts of interest between the company, its users, and relevant third parties, in order to prevent such conflicts from negatively affecting the users’ interests. In cases where said mechanisms are not sufficient to eliminate risks, the user shall be informed of the nature or source of the conflict and the measures adopted to mitigate it, allowing them to decide whether to continue operating. EPIC eWallet reserves the right to refrain from acting on the User’s behalf when it is not possible to manage a conflict of interest in any other way.

     

    1. Operational Limits
      • Applicable Limits. The user’s account with EPIC eWalletmay be subject to limits related to:

     

    1. The quantity or volume of operations the user may execute in relation to their account
    2. The amount or value of Fiat Currency or crypto assets the user may transfer to or from their account.

    Said limits may be applied over determined periods (e.g., daily). The current limits shall be displayed in the User’s Account.

     

    • Modification of Limits. EPIC eWalletreserves the right to modify the operational limits applicable to the user’s account at any time, in its sole discretion. The user may request changes to said limits, which shall be subject to the approval of EPIC eWallet and any additional conditions we deem necessary.
    1. Supported Digital Assets

     

    • Supported Digital Assets. The EPIC eWalletServices shall be available only with respect to the Supported Digital Assets, the list of which may vary periodically and is published in our application. EPIC eWallet may withdraw or suspend one or more Digital Assets from said list, using reasonable efforts to notify the User in advance. In such a case, the user shall no longer be able to trade those Digital Assets within the Services and shall only have the option to withdraw them from their account. If the excluded Digital Assets remain in the user’s account beyond the notified timeframe, EPIC eWallet may, in its reasonable discretion, convert them into another type of Digital Asset, preferably a stablecoin. EPIC eWallet shall inform the user in advance of any conversion, granting them a reasonable period to withdraw said assets before the conversion is executed.

     

    EPIC eWallet assumes no liability whatsoever with respect to attempts to use the account for unsupported assets or for conversions to other types of Digital Assets. Likewise, it shall not be liable for unsupported assets sent to an EPIC eWallet account nor for supported assets sent to incompatible wallet addresses. In such cases, the User shall forfeit said assets. In certain circumstances, EPIC eWallet may, in its sole discretion, offer the possibility of attempting a recovery, applying fees that shall be calculated and notified to the user prior to initiating the process. EPIC eWallet does not warrant the total or partial recovery of the assets, nor does it guarantee their authenticity, security, or integrity. The user acknowledges and accepts that EPIC eWallet shall not be liable for losses derived from recovery attempts or the subsequent use of the recovered assets.

     

    EPIC eWallet is not an electronic money provider and does not render services of that nature. No reference to fiat accounts or fiat products shall be interpreted as the provision of electronic money pursuant to Applicable Law.

     

    • Forks. EPIC eWalletmay temporarily suspend any service linked to a Digital Asset while it assesses whether it will support a Fork. There is no obligation to support Forks of Digital Assets held in the user’s account, regardless of whether any resulting version is considered Dominant. Should EPIC eWallet choose to provide support, it shall announce it publicly through its application or other appropriate means.

     

    The user acknowledges that EPIC eWallet has no control over the creation or implementation of Forks and cannot warrant the security, functionality, or supply of the resulting assets. It is possible that the user may not be able to trade said assets on the Platform and may lose the associated value.

     

    • Forks y Airdrops. EPIC eWalletdoes not covenant or warrant results or support with respect to potential or proposed Forks or Airdrops. EPIC eWallet may decide, in its sole discretion, whether it will claim, list, or distribute any Airdrop or Fork-derived asset, as well as the applicable terms and conditions (including eligibility criteria). If the user wishes to participate in a Fork or Airdrop, they must withdraw the affected asset to a private wallet with sufficient advance notice.

     

    • Backed Digital Assets. EPIC eWalletmay, on occasion, support Digital Assets backed by or pegged in value to other assets, such as Fiat Currency or commodities (e.g., gold or silver). The user acknowledges and accepts: a) Having read and understood the terms and risks associated before executing operations with said assets. b) EPIC eWallet has no obligation to purchase, repurchase, or facilitate the redemption of these assets.

     

    EPIC eWallet reserves the right to modify, suspend, or discontinue any service related to Backed Digital Assets at any time and in its discretion. There is no warranty that said assets will maintain their value nor the quality of the reserves or collateral of the issuers.

     

    1. Account Security
      • User Responsibility. The user is responsible for protecting their equipment and data against viruses, malicious software, or inappropriate material. Unless otherwise required by law, the user shall back up and retain copies of the information stored or transferred through the EPIC eWallet EPIC eWalletshall not be liable for losses derived from the user’s breach of this obligation.

     

    • Security Measures. The user and their authorized parties shall maintain the security and control of their access credentials at all times. Required measures include: a) Strict compliance with the procedures established by EPIC eWallet. b) Creation of strong passwords and keeping them secure. c) Keeping the registered email and telephone number updated to receive notifications. d) Not allowing remote access or screen sharing when logging in. e) Remembering that EPIC eWalletwill never request passwords or authentication codes. f) Logging out upon conclusion of each use of the Platform.

     

     

    The user shall protect their credentials against unauthorized access and notify us immediately if they suspect that the security of their account or that of an Authorized User has been compromised.

     

    • History Monitoring. The user must periodically review their Account History to identify suspicious or unauthorized activity and report it immediately. The user acknowledges that a Security Failure may allow improper access and cause loss or theft of Digital Assets or linked funds.

     

    • Suspicion of Security Failure. In case of suspicion, the User shall: a) Inform EPIC eWalletimmediately and keep us updated. b) Block their account using the deactivation feature or the designated mechanism. c) Adopt the measures that EPIC eWallet deems necessary to mitigate the risk.

    EPIC eWallet may request additional information and documents to investigate or resolve the Security Failure, and the user agrees to provide them in a timely manner. The user also consents that said information may be shared with relevant third parties for the investigation.

    OTHER IMPORTANT INFORMATION

    1. Privacy
      • Privacy Notice. The collection and processing of personal data related to these Terms, the EPIC eWalletServices, the Platform, and any Site are carried out pursuant to the provisions of our Privacy Notice (which may be updated periodically). The user acknowledges that we may process the personal data they have provided to us or that we have collected by virtue of these Terms, in accordance with the Privacy Notice. Said Notice constitutes an integral part of these Terms.

     

    The user represents and warrants that:

     

    1. They acknowledge having read and understood our Privacy Notice. b. They understand that our business is constantly evolving and that the Privacy Notice shall be modified accordingly. Therefore, if at any time we publish an updated version of the Privacy Notice, the user covenants to review it in a timely manner.

     

    1. Amendments to the Terms
      • Scope of Amendments.EPIC eWallet may introduce changes to these Terms and any condition incorporated by reference (including the Product Terms) at any time. The user’s continued use of the services shall constitute their acceptance of said changes. The amendments shall be published in our application and, if we deem it necessary, we may notify individual Users by email, through the application, or by other means that EPIC eWallet determines in its discretion.

    Changes may take immediate effect in circumstances such as a. Adjustments necessary to comply with legal or regulatory requirements, or modifications linked to the operational entity. b. Changes intended to clarify the content of these Terms.

     

    • Effectiveness. Except where modifications take immediate effect, any update shall become effective once notified to the User. If the User does not wish to accept the changes, they may close theirEPIC eWallet account pursuant to Clause 19.1. The continued access or use of the Services shall be deemed acceptance of the updated Terms.

     

    • Changes to Fees. EPIC eWalletmay modify the fees published in the Fee Schedule section of our application, including the introduction of new tariffs or charges. If the user does not wish to accept said modifications, they may close their EPIC eWallet account pursuant to Clause 19.1. The continued use of the services shall be deemed acceptance of the new conditions.

     

    1. Closure of the Epic Ewallet Account
      • Right to Close Account. The user may close their account at any time by following the closure procedures that we designate periodically. The closure shall not generate additional charges, although the user must settle any outstanding amounts. At the time of closure, the User authorizes EPIC eWalletto cancel or suspend pending operations and to deduct any sum owed from their account.

     

    In certain cases, the user may not close their account, including a. If they attempt to evade an investigation by competent authorities. b. If they maintain a pending operation or an open Claim. c. If there are outstanding amounts in their account. d. If their account is subject to freeze, hold, limitation, or reservation.

     

    • Consequences of Closure. Upon closure of their account, the user must withdraw all Digital Assets maintained therein. If they fail to do so, or if they do not access their account for a continuous period of ninety (90) days, EPIC eWalletshall send a notice informing them of its intent to classify the account as Inactive.
    • Inactive Accounts.If the user does not respond to the notice within thirty (30) days, EPIC eWallet may: a. Mark the account as Inactive. b. Convert the Digital Assets to another type of Digital Asset, without liability for loss of value, tax obligations, or other damages. c. Transfer the Inactive Account or assets to a third party (including Affiliates, external custodians, or segregated wallets), allowing the User to recover their assets upon reasonable verification. d. Adjust the Inactive Account to reflect a contractual claim equivalent to the assets maintained prior to inactivity. e. Charge a monthly inactive account maintenance fee, deducted directly from the account. f. Close the Inactive Account at any time.

     

    The user accepts that EPIC eWallet shall have no obligation to pay previously agreed rewards, incentives, or interest with respect to assets maintained in an Inactive Account.

     

    • Consequences of Exercising Our Rights

     

    When we terminate, suspend, hold, or restrict access to one or more EPIC eWallet Services:

     

    1. If the user maintains open Instructions, operations, positions, or transactions, these may be closed by the user themselves or by EPIC eWallet, depending on the circumstances of the termination, suspension, hold, or restriction applied.
    2. Any chargeback resulting from the use of the EPIC eWalletaccount or the Services may cause the immediate suspension or restriction of the account and associated Services.
    3. To reactivate a suspended or restricted account or Services, the user may be obligated to repay the full value of the chargeback, including any amount owed as applicable fees.
    4. The user shall be responsible for any amount credited in case of a chargeback and authorizes EPIC eWalletto deduct the costs and fees directly from the assets available in their account, without the need for prior notice.

     

    • Unlawful Possession

    If we receive information and have reasonable suspicion that any Digital Asset or Fiat Currency in the user’s account has been stolen or acquired unlawfully (whether by mistake or any other cause), EPIC eWallet may, but is not obligated to, hold the affected funds and the user’s account. The hold shall be maintained until sufficient and acceptable proof is presented demonstrating the user’s legitimate right over said assets. EPIC eWallet shall not intervene in disputes or the resolution of conflicts related to Digital Assets or Fiat Currency maintained in the user’s account.

    • Access to Services in Different Jurisdictions

    Residents of certain countries may access only some EPIC eWallet Services, and not all of them. The availability of the Services may vary periodically. If the user travels to a jurisdiction included in our list of Restricted Countries, the Services may not be available, and their access will be blocked. The user acknowledges that this may affect their capacity to trade on the Platform, monitor existing orders or open positions, or utilize any other Service. The user shall not attempt to circumvent said restrictions, including by using virtual private networks to modify their Internet Protocol address.

     

    INTELLECTUAL PROPERTY

    1. Intellectual Property Background

    The Intellectual Property (IP) of EPIC eWallet shall remain vested in EPIC eWallet.

     

    1. License of Epic eWallet Intellectual Property

    EPIC eWallet grants the user a non-exclusive license, valid for the term of these Terms or until their access to the Services is suspended or terminated, whichever occurs first, to use the EPIC eWallet Intellectual Property—with the exception of the Trademarks—only to the extent necessary to receive the Services, whether for personal non-commercial use or for internal commercial purposes, pursuant to these Terms.

     

    1. License of User Intellectual Property
      • Grant of License.The user grants EPIC eWallet a perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to use their User Intellectual Property to the extent that it: a. Forms part of the use of any Created Intellectual Property or is necessary for such use. b. Is indispensable to enable us to provide the Services from time to time.

     

    • Right to Sublicense.The license granted by the User includes the right for EPIC eWallet to grant sublicenses to third parties, to the extent necessary for EPIC eWallet and its Affiliates to provide the Services to the user.

     

    1. Created Intellectual Property
      • Ownership. The Created Intellectual Property shall automatically vest in EPIC eWalleton the date of its creation.

     

    • The user assigns to us (and covenants to procure that any agent, representative, or contractor also does so) the full title and all present and future rights and interests in the Created Intellectual Property.

    If so requested, the user shall—and shall ensure that their agents or contractors also do so—sign or execute without cost the necessary documents and perform the actions required to perfect the assignments contemplated in this clause.

     

    1. General Provisions
      • Limitation of Liability.The user acknowledges and accepts that:

     

    1. EPIC eWallet shall not be liable for any material provided by the user or by third parties that is made available on the Platform or the Sites.
    2. The use of any User Material shall be at their own risk, without EPIC eWalletgranting any warranty with respect to said material.

     

    • Rights of EPIC eWallet. EPIC eWalletshall have the right, in its sole discretion, to delete, modify, or reject any content submitted, posted, or displayed on the Platform or the Sites (including User Material). It may adopt the measures it deems appropriate, including written warnings, deletion of material, claim for damages or compensation, suspension or closure of the user’s account, or restriction of future access to the Services.
    • Recording of Communications. The user agrees that EPIC eWalletmay record any electronic, telephone, video call, or other means of communication held with the user by virtue of these Terms. Said recordings shall constitute evidence of the communications between the parties. The user accepts that telephone calls and video calls may be recorded to address inquiries, ensure regulatory compliance, improve the Services, and provide customer support.
    1. Release of liability
      • Third-Party Claims. The user covenants and agrees to indemnify and hold harmless EPIC eWalletagainst any lawsuit, claim, action, dispute, allegation, or investigation brought by third parties, governmental authorities, or industry bodies, as well as against all liabilities, damages (direct or indirect), losses (including loss of profits, reputation, or any other consequence), costs, and expenses—such as interest, penalties, legal and professional fees—arising out of or related to:

     

    1. The access and use of the user’s EPIC eWalletaccount or the EPIC eWalletServices. b. The user’s breach or alleged breach of these Terms, or the contravention of any provision included therein, including Product Terms or other conditions incorporated by reference. c. The user’s infringement of any Applicable Law. d. The user’s infringement of third-party rights.

     

    • Release. The user irrevocably and unconditionally agrees to release EPIC eWallet from all claims or demands(and waives any present or future right against EPIC eWallet in connection with losses that they may suffer or incur), arising directly or indirectly from disputes with other users or third parties linked to the EPIC eWallet Services (including Digital Asset transactions) or the subject matter of these Terms.

     

    1. Liability
      • Liability of EPIC eWallet. Neither EPIC eWallet nor its Affiliates shall be liable to the User or third parties for Losses, except to the extent that such Losses arise solely and directly from gross negligence, willful misconduct, proven fraud, or repeated breach of the obligations established in these Terms by EPIC eWallet. In any event, the total liability of EPIC eWalletand its Affiliates shall not exceed the amount of fees paid by the user to EPIC eWallet in the twelve (12) months preceding the event that gave rise to the Loss. Said payment shall constitute final settlement and full satisfaction of any liability. The user acknowledges that EPIC eWallet has no knowledge of special circumstances concerning them and that compensation in damages shall be sufficient, with no right to other legal or equitable remedies, such as injunctions or specific performance.

     

    • Limitations of Liability. Without prejudice to the provisions of other clauses in these Terms, the User acknowledges and accepts that EPIC eWalletand its Affiliates shall in no event be liable for:

     

    1. Direct or indirect Losses (including loss of profits, business, or opportunities), damages, or costs related to the EPIC eWalletServices, such as: i. Risks identified in the Risk Warning. ii. Operation, security, or availability of underlying protocols to any Digital Asset. iii. Value of Backed Digital Assets against other assets or sufficiency of reserves of their issuers. iv. Actions or omissions pursuant to these Terms. v. Inaccuracies, defects, or omissions in pricing data, errors or delays in its transmission, or interruptions. vi. Scheduled or unscheduled maintenance, including service interruptions. vii. Theft of devices enabled to access the Services. viii. Conduct or omissions of other users or damages caused by third parties. ix. Damages from viruses, malware, phishing attacks, User hardware failures, loss of data, or technical problems derived from the use of the Internet. x. Decision to reject the opening of an account with EPIC eWallet. xi. Termination, suspension, or restriction of access to the account or Services, including the inability to withdraw assets or execute transactions during such periods. xii. Transaction limits applied to the user’s account. xiii. Decisions regarding the admission or exclusion of Digital Assets. xiv. Inability to contact the user using the information provided. xv. Closure of Inactive Accounts. xvi. Transaction failures or delays in their execution. xvii. Refusal or delay in the execution of Instructions received. xviii. Security failures in the user’s email account or any security incident. xix. Losses derived from third-party fraud or scams where EPIC eWallet only acts as a recipient of assets or Fiat Currency. xx. Losses derived from transfers of Digital Assets outside the Platform at the user’s request. xxi. Losses related to new Digital Asset offerings, ICOs, or listing decisions on the Platform. xxii. Network Events, Forks, or Airdrops. xxiii. Accuracy, quality, security, integrity, performance, timeliness, or continuous availability of the Services; delays or omissions; connection or communication failures. xxiv. Transactions or Instructions executed or allegedly executed by the user through their email account or EPIC eWallet

     

    1. Loss of business, profits, savings, or anticipated opportunities, as well as special, punitive, incidental, or consequential damages related to the Sites, the Platform, the user’s account, the EPIC eWalletServices, these Terms, the Product Terms, or the Privacy Notice.

     

    1. Losses derived from Manifest Errors, extreme market volatility, or cancellation/modification of transactions, including loss of earning opportunities, even if EPIC eWalletwas aware of the possibility of such Losses.

     

    1. Losses that form part of a claim not initiated as a formal legal action within a period of one (1) calendar year from the event that gave rise to the claim. The user accepts that this clause modifies any applicable statute of limitations by law and, if prohibited by regulation, shall be interpreted as the minimum period allowed. Furthermore, the user is reminded of Clause 31, which stipulates that claims shall be resolved exclusively through binding arbitration.

     

    DISPUTE RESOLUTION: FORUM, ARBITRATION, WAIVER OF CLASS ACTION

    For the avoidance of doubt, nothing in this section shall deprive the user of the mandatory legal rights to which they are entitled pursuant to Applicable Law.

     

    1. Notice of Claim and Dispute Resolution Period
      • If the user has any concerns regarding the EPIC eWalletServices, they must first contact EPIC eWallet. EPIC eWallet intends to address the user’s concerns without the need to resort to formal legal proceedings. If the concern cannot be satisfactorily resolved initially, a ticket number will be assigned. The issuance of said number initiates the internal dispute resolution procedure. EPIC eWallet shall endeavor to resolve the dispute internally as soon as possible. The parties agree to negotiate in good faith to reach a solution (conversations shall remain confidential and subject to the applicable rules that protect settlement discussions to prevent their use as evidence in legal proceedings).

     

    • In the face of unresolved complaints, the official communication channels may be utilized.

     

    • In the event that the dispute cannot be resolved satisfactorily and the user wishes to initiate a claim against EPIC eWallet, they must submit a written “Notice of Claim” as prior notification. Said Notice must: (1) describe the nature and basis of the claim, (2) state the specific remedy requested, (3) include the original ticket number, and (4) state the email linked to the User’s account. The Notice of Claim must be submitted in the specific section of the official EPIC eWallet customer support application. Once delivered, the dispute may be submitted by either party to arbitration pursuant to the following clause.

     

    • The submission of the dispute for internal resolution and the sending of the Notice of Claim are prerequisites for initiating arbitration or any other legal proceeding.
    • During the arbitration, the amount of any settlement offer made by the user or by EPIC eWalletshall not be disclosed to the arbitrator.

     

    1. Agreement to Arbitrate

     

    • Unless otherwise provided by Applicable Law or another option is granted to the User, the user and EPIC eWalletagree that, subject to the preceding clause, any claim shall be determined by final, binding, and conclusive individual arbitration, administered by the Alternative Dispute Resolution (ADR) in the European Commission of Arbitration, pursuant to its then-current Rules, which are incorporated by reference into this clause.

     

    • The seat of arbitration shall be European Union EU.

     

    • The arbitral tribunal shall be constituted pursuant to the then-current European Union Arbitration Rules.
    • The language of the arbitration shall be English.

     

    • The user and EPIC eWalletagree that the arbitrator shall have exclusive jurisdiction to rule on their own jurisdiction, including objections regarding the existence, scope, or validity of the arbitration agreement, or the arbitrability of any claim.

     

    • The arbitration provisions set forth in this clause shall survive the terminationof these Terms.

     

    • Statute of Limitations: Any arbitration against EPIC eWalletmust be commenced by the filing of a Notice of Arbitration, within the period of one (1) year counted from when the User knew or reasonably should have known of the act, omission, or breach that gave rise to the claim. Said period includes the internal resolution period provided for in Clause 31.1. There shall be no right to remedy if the Notice of Arbitration is not filed within said period. If the period is contrary to Applicable Law, the User must present the claim within the shortest period permitted by the regulation.

     

    • Notice: If EPIC eWalletinitiates an arbitration against the User, it shall notify the registered email or postal address. The User accepts that any notice sent to said addresses shall be valid for all purposes. It is the User’s responsibility to keep their contact information updated and correct.
    1. Confidentiality

     

    • The Parties agree to maintain the confidentiality of the arbitration. The existence of the proceeding, the content of the claim, the documents and information exchanged, as well as any order or award issued, shall not be disclosed to third parties except to the tribunal, the parties, their counsel, experts, witnesses, auditors, insurers, and other persons necessary for the conduct of the arbitration. Notwithstanding the foregoing, confidential information may be disclosed:

     

    1. With the consent of the other Party.
    2. When required by Applicable Law or a competent authority.
    3. In connection with the initiation or defense of good faith legal proceedings to enforce or challenge an arbitral award.
    4. When the information is already in the public domain by means other than a breach of this agreement.

     

    The obligation of confidentiality shall survive the termination of these Terms and the conclusion of the arbitration.

     

    1. Governing Law

    Unless otherwise provided by Applicable Law or a different choice is granted to the User, these Terms (including the agreement to arbitrate) shall be governed by and construed pursuant to the laws of private international law.

    1. Waiver of Class Action

     

    The user and EPIC eWallet agree that any claim shall be brought against EPIC eWallet solely in an individual arbitration and not as a plaintiff or class member in a class action or representative action. Furthermore, the user waives any right for such claims to be raised, heard, or arbitrated as a class, representative, or private attorney general action, to the extent permitted by Applicable Law. Individual arbitrations are not permitted to be combined or consolidated into a single proceeding without the express written consent of EPIC eWallet.

     

    GENERAL

    1. General Terms
      • Applicable Law. The user and any Authorized User shall comply with all applicable laws, licensing requirements, and third-party rights (including data protection, anti-money laundering, and counter-terrorist financing regulations) in the use of the EPIC eWalletServices, the account, and the Platform.
      • Notices. EPIC eWalletmay send notices via email to the address registered by the user. It is the user’s responsibility to keep said address updated and correct. Notices shall be deemed received upon being sent, regardless of whether a delivery failure notice is generated.

     

    The user may send notices only by the means that EPIC eWallet designates, which may vary periodically. All communication must be in writing, in English, and signed or authorized by the sending Party.

     

    • Announcements. All official communiqués, news, promotions, contests, and Airdrops shall be published in the EPIC eWallet These announcements may affect the value or security of the user’s Digital Assets. It is the user’s responsibility to monitor the site and consider said announcements.

     

    • Entire Agreement. These Terms, along with any applicable Product Terms, constitute the entire agreement between the user and EPIC eWallet with respect to the Services. The Parties acknowledge that the agreement was not based on external statements, representations, or warranties, and that there are no additional rights or remedies save as expressly provided in these Terms.

     

    • Assignment. The user may not assign or transfer their rights or obligations under these Terms without prior written authorization, which may require additional information or enhanced diligence. EPIC eWalletmay assign or transfer its rights or obligations at any time and to any person, including in cases of merger, acquisition, or corporate reorganization.
    • If any provision of these Terms is found to be illegal, invalid, or unenforceable, this shall not affect the validity and enforceability of the remaining clauses.

     

    • Records. The user agrees that EPIC eWalletmay record telephone, email, or chat communications, including those related to Instructions or transactions, and that such records may be used as evidence in legal proceedings. The records shall be the exclusive property of EPIC eWallet.

     

    • Language. These Terms may be translated into other languages solely for the user’s convenience. In case of discrepancy, the English version published on the official site shall prevail.

     

     

    • Third-Party Rights. Save for matters concerning the Affiliates of EPIC eWallet, nothing in these Terms shall be construed as granting rights to third parties outside the agreement. The Terms exclusively benefit the Parties and their authorized successors or assignees.

     

    • Contractual Continuity. The provisions that by their nature must survive the termination or expiration of these Terms shall continue to be binding.
    • Relationships of the Parties. EPIC eWalletdoes not act as the User’s agent in the execution of these Terms. No partnership, joint venture, or franchise shall be deemed to exist between the Parties.

     

    • Digital Assets. EPIC eWalletshall record the quantity and type of Digital Assets credited in the user’s account. Said assets are not segregated on-chain in wallets distinct from those used for other users or for operational purposes. EPIC eWallet employs an internal ledger to reflect customer entitlements. Each user shall have an account (or Sub-Account) with a unique identifier (UID) and access credentials, where their balances are recorded. EPIC eWallet does not act as a fiduciary or have a fiduciary obligation with respect to the credited assets. When the user instructs a transfer or transaction, EPIC eWallet shall act utilizing assets equivalent in quantity and type, without identifying specific assets. The user shall be entitled to receive the same quantity and type of credited assets, not specific assets.
    • Force Majeure. EPIC eWallet shall not be liable for delays or failures to perform derived from Force Majeure events.

     

    • No Waiver. No delay or omission in the exercise of rights shall constitute a waiver of their future exercise. The rights and remedies provided are cumulative and do not exclude others provided by Applicable Law.

     

    • Set-Off. EPIC eWalletpodrá compensar cualquier suma adeudada por el usuario bajo estos términos o de otro modo. El usuario deberá pagar todas las cantidades libres de deducciones, contrademandas o retenciones.

     

    • Privacy of Other Users. If the user receives information about another user through the Platform or the Services, they must maintain its confidentiality and use it solely in relation to the Services, pursuant to Applicable Law. They may not disclose or distribute it to third parties save as strictly necessary to execute a transaction.

     

    • Publication of Breach. In case of a breach, EPIC eWalletmay inform other users about the situation, including data provided by the user, provided that this is necessary to protect the community and pursuant to the current privacy policies.

     

     

    • Account Holder Death. In the event of the death or incapacity of the user, their legal representatives or beneficiaries may notify us in writing. If there is no evidence of death, EPIC eWalletmay suspend the account until:
    1. A legitimate representative or beneficiary of the user’s estate successfully completes a succession application to receive the assets held in the EPIC eWalletaccount, pursuant to our requirements, which may be modified from time to time without prior notice.

     

    1. The User themselves provides sufficient and satisfactory proof that they are still alive.

     

    Our authority to deliver the assets from the User’s EPIC eWallet Account to the representatives is subject to the restrictions imposed by Applicable Law and these Terms. EPIC eWallet does not covenant to follow a specific timeline for transferring the credited assets in the user’s account.

     

    • Tax Obligations

    It is the sole responsibility of the user to determine which taxes, if any, are applicable to the payments they make or receive, as well as to collect, report, and remit the corresponding tax to the competent tax authority. The user agrees that EPIC eWallet is not responsible for determining whether taxes apply to their use of the Services, nor for collecting, reporting, or remitting the taxes derived from their operations or the use of the Platform.

     

    The user understands that EPIC eWallet may provide certain reports to tax authorities regarding the transactions executed on the Platform and that, in our sole discretion or when required by Applicable Law, we may provide additional documentation or records that the User needs to calculate their tax obligations. Furthermore, EPIC eWallet may, in its discretion, withhold and deduct at source any tax owed pursuant to the local legislation of the User’s country.

     

    THE CONTENT OF THIS DOCUMENT IS THE PROPERTY OF EPIC E WALLET; EXPRESS CONSENT FROM THE BOARD OF DIRECTORS IS REQUIRED FOR ITS PUBLICATION; USE OR ANY INTERPRETATION OR POSSIBLE INTERACTION WITH OTHER COMPANIES OR NATURAL PERSONS.

     

    1. Privacy Policy – EPIC eWallet

     

    EPIC eWallet (“EPIC eWallet”, “we”, “us”) is committed to protecting the privacy of our clients and takes our data protection responsibilities with the utmost seriousness. This Privacy Policy describes how EPIC eWallet collects and processes your personal data through the EPIC eWallet websites and applications mentioned in this Privacy Notice. EPIC eWallet refers to an ecosystem comprising websites (whose domain names include, but are not limited to, https://www.epicapp.io/), mobile applications, clients, and other applications developed to offer EPIC eWallet services, and include independently operated platforms, websites, and clients within the EPIC eWallet ecosystem.

     

    This Privacy Policy applies to all personal data processing activities carried out by us across EPIC eWallet platforms, websites, and departments.

     

    To the extent that you are a client or potential client of our services, this Privacy Policy applies in conjunction with the commercial terms and other contractual documents, including, but not limited to, any agreements we may have with you.

     

    To the extent that you are not a client of our services but use our website, this Privacy Policy also applies to you in conjunction with our Cookies Policy.

     

    Therefore, this Policy should be read alongside our Cookies Policy, which provides further details on our use of cookies on the website.

     

    • Identity and Domicile of the Data Controller

     

    We inform you that the EPIC eWallet group is structured as a holding company. In this regard, for users located in countries within the European Union, Asia, and Africa, Epic Wallet Financial Developers OÜ, incorporated under the laws of Estonia, will be the data controller responsible for your personal data, as the legal entity that determines the ‘means’ and ‘purposes’ of the processing activities. For LATAM, the responsible entity shall be EPIC Technology Developers, C.A., incorporated under the laws of the Bolivarian Republic of Venezuela. Notwithstanding the foregoing, EPIC eWallet group companies may share your personal data with one another and, if they do so, will use it in accordance with the provisions of this Privacy Policy.

     

    • Purposes of Processing: Why do we process your personal data?

     

    Our primary purpose in collecting personal data is to provide our services securely, efficiently, and reliably. We generally use your personal data to deliver, operate, and improve our services, as well as for loss prevention and anti-fraud purposes, as detailed below:

     

    • Manage the contractual relationship with you to create and maintain your account.

     

    • Compliance with legal obligations applicable to EPIC eWallet, including KYC and anti-money laundering prevention.

     

    • Validate and verify your identity, through documents, biometrics, and external verification providers.

     

    • Ensure the accuracy of your data, using OCR and AI technologies to verify documents.

     

    • Service-related communications, informing you about security, updates, and transactions.

     

    • Customer support, processing requests, complaints, and assistance.

     

    • Maintain and promote the security and integrity of the platform.

     

     

    • Categories of Personal Data

     

    EPIC eWallet may collect and process the following categories of personal data:

     

    • Personal Identification Data: name, surname, date of birth, nationality, identity document or passport number.
    • Contact Information: Address, email, telephone number.
    • Financial Information: Bank details, transaction history, payment methods.
    • Institutional Data: information related to companies or entities linked to the User.
    • Biometric Data: photographs, voice recordings, fingerprints, or other identity verification elements.
    • Navigation and Usage Information: IP address, cookies, access history, platform usage preferences.
    • PEP (Politically Exposed Person) Information: Where applicable, to comply with anti-money laundering obligations.

     

    • How and why do we share your personal data?

     

    EPIC eWallet may share your personal data in the following cases:

     

    • With Affiliates and entities within the EPIC eWalletgroup for operational and regulatory compliance           …………………purposes.
    • With external service providers (e.g., identity verifiers, payment processors, auditors, legal …………………counsel).
    • With regulatory and governmental authorities, when required by law or applicable regulations.
    • In cases of mergers, acquisitions, or corporate restructuring, always ensuring the protection of user ……………….rights.

     

    • User Rights

     

    The User has the right to:

    • Access their personal data processed by EPIC eWallet.

     

    • Request the rectification of inaccurate or incomplete data.

     

    • Request the deletion of their personal data when it is no longer necessary for the purposes of processing.

     

    • Object to the processing of their data in certain circumstances.

     

    • Request the restriction of processing of their data.

     

    • Exercise the right to data portability, where applicable.

     

     

    • Data Retention

     

    EPIC eWallet shall retain personal data only for the time necessary to fulfill the purposes described in this Policy and applicable legal obligations. Once these periods have expired, the data will be securely deleted or anonymized.

     

    • International Transfers

     

    In the event that personal data is transferred outside Latin America or the European Union, EPIC eWallet shall ensure that such transfers are carried out pursuant to applicable laws and with adequate protection mechanisms, such as Standard Contractual Clauses or agreements providing an equivalent level of protection.

     

    • Information Security

     

    EPIC eWallet implements technical, organizational, and administrative measures to protect personal data against loss, misuse, unauthorized access, disclosure, alteration, or destruction. These measures include encryption, access controls, periodic audits, and security incident response protocols.

     

    • Contact

     

    If you have questions, requests, or wish to exercise your data protection rights, you may contact the EPIC eWallet Customer Service (ATC) department so they can channel your requirement, via WhatsApp at +58 424 2586300, which is listed on the official website https://www.epicapp.io/.

     

    • Specific Risk Warning Notice

     

    • EPIC eWallet

     

    The investment, custody, and trading of crypto assets through EPIC eWallet carry significant risks that must be carefully evaluated by every user before executing any operation. This notice is for informational purposes and seeks to ensure that users fully understand the implications of participating in these types of activities:

     

    1. Risk of Total Loss of Capital

     

    The value of crypto assets may experience abrupt and substantial variations. The user must be aware that they may lose entirety of the amount invested. No past profitability constitutes a guarantee of future results.

     

    1. Risk of Limited Liquidity

     

    Certain crypto assets may lack a sufficiently broad secondary market, making their sale or exchange without significant losses difficult. Lack of liquidity may occur at any time, even in scenarios of high volatility.

     

    1. Market Risk and Volatility

     

    The prices of crypto assets are highly volatile and may fluctuate suddenly due to external factors such as regulatory changes, variations in supply and demand, decisions by large market participants, or technological events.

     

    1. Custody Risk

     

    Crypto assets acquired through EPIC eWallet are held in digital wallets under the company’s custody. The user does not have direct access to the private keys of said wallets. Custody involves inherent risks, including the possibility of total loss in case of cyberattacks, technological failures, or unforeseen events.

     

    1. Cybersecurity Risk

     

    Crypto assets may be subject to cyberattacks, electronic fraud, or technological vulnerabilities. Although EPIC eWallet applies advanced security measures, it cannot completely eliminate the associated risks. The user is responsible for maintaining the confidentiality of their access credentials and verifying the legitimacy of the transactions they execute.

     

    1. Regulatory and Legal Risk

     

    The regulations applicable to crypto assets in different jurisdictions may change significantly and affect the value, trading, or even the legality of certain operations. The user must remain informed about regulatory provisions concerning crypto assets and their competent authorities.

    1. Third-Party Risk

     

    Third parties such as payment providers, correspondent banks, or external custodians may be involved in the provision of services. The user acknowledges that EPIC eWallet is not responsible for losses caused by said third parties, who may impose their own terms and conditions.

     

    1. Absence of Official Guarantees

     

    The crypto assets offered by EPIC eWallet are not backed by official customer protection mechanisms, such as the Deposit Guarantee Fund or the Investor Protection Fund.

     

    1. Exchange Rate Risk

     

    Fluctuations in foreign exchange rates may directly impact on the gains or losses derived from operations with crypto assets.

     

    1. Technological Risk

    Distributed ledger technologies and consensus protocols are still in developmental stages. There may be failures, vulnerabilities, attacks, or forks that affect the validity of transactions and the security of Digital Assets.

     

    1. User Responsability

     

    The user is solely responsible for assessing whether their financial resources and risk tolerance are adequate for participating in crypto asset operations. It is recommended that independent financial, legal, and tax advice be obtained before making any investment. EPIC eWallet expressly warns that participation in crypto asset operations involves high risks.

     

    IMPORTANT: By accepting the Terms and Conditions of Use and the Privacy Policy, the user acknowledges and agrees that they assume the risks under their exclusive responsibility.

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