TOTHEMOON PLATFORM TERMS OF USE

Effective Date: 1 July 2026

1. Introduction

1.1. These Platform Terms of Use govern access to and use of the Tothemoon website, mobile applications, account environment, platform interfaces, crypto-asset services, custody functionality, transfer functionality, business services and any other products, features or tools made available through the Tothemoon platform from time to time.

1.2. These Terms apply to both individual clients and corporate clients. Certain provisions apply specifically to individuals, legal entities, authorised representatives, business accounts, institutional clients, OTC arrangements, API access, staking functionality, card-related functionality, promotions or other specific services.

1.3. By creating an account, accessing the platform, submitting an order, making a deposit, requesting a withdrawal, using any service, or continuing to use the platform after these Terms become effective, you confirm that you have read, understood and accepted these Terms and agree to be bound by them.

1.4. If you do not agree to these Terms, you must not use the platform or any services. Where you already have an account and do not agree to these Terms or any updated terms, your access may be limited to withdrawal or account closure functionality, subject to applicable legal, regulatory, compliance, security and operational requirements.

1.5. These Terms replace any previous general terms applicable to the same Tothemoon platform services.

2. Tothemoon and the Applicable Service Provider

2.1. “Tothemoon” is the trading name and platform brand under which crypto-asset services and related platform functionality are made available to clients.

2.2. For clients in the European Economic Area, the Tothemoon platform is operated by Brilliantscope Trading Limited, a company incorporated in Cyprus with registration number HE 424435 and registered office at 28 Oktovriou, 341, Trilogy Limassol Seafront, Flat/Office W505 (Phase A), 3106, Limassol, Cyprus. Brilliantscope Trading Limited is authorised by the Cyprus Securities and Exchange Commission as a Crypto-Asset Service Provider under Regulation (EU) 2023/1114 on Markets in Crypto-Assets.

2.3. Outside the European Economic Area, certain Tothemoon services or platform arrangements may be provided by another Tothemoon group entity, including Tothemoon Global Inc., a company incorporated under the laws of the Republic of Panama with registered address at 34-20, 34th Street, Panama City, Republic of Panama, or by another entity disclosed to you in the relevant onboarding process, product terms, legal notice or regional terms.

2.4. In these Terms, “we”, “us”, “our” and “Tothemoon” refer to the Tothemoon entity that provides the relevant service to you, unless the context requires otherwise.

2.5. The applicable service provider may depend on your country of residence, place of incorporation, onboarding route, client classification, regulatory status, product availability and applicable law.

2.6. Where a specific service is provided by, or relies on, a separate third-party provider, this may be reflected in the relevant product terms, transaction screen, disclosure, user notice or other information made available to you.

3. Related Documents and Product Terms

3.1. These Terms should be read together with the following documents, as amended from time to time:

(a) the Privacy Policy;
(b) the Cookies Policy;
(c) the Risk Disclosure Statement;
(d) the Staking T&Cs, where you use staking functionality;
(e) the Crypto Card T&Cs, where you use crypto card-related functionality;
(f) the General Promotions and Competitions Terms, where you participate in any promotion, campaign, competition, reward programme or similar activity;
(g) the Fees page, available at https://tothemoon.com/fees;
(h) any other product-specific terms or notices presented to you in connection with a particular service.

3.2. The documents listed above form part of the legal, contractual and disclosure framework applicable to your use of the platform. Product-specific terms apply only where the relevant product, feature, campaign or service is made available to you and used by you.

3.3. If there is any conflict between these Terms and specific product terms, the specific product terms will prevail for the relevant product or service, unless expressly stated otherwise.

3.4. You are responsible for reading the terms, risk disclosures, fees and notices applicable to any service before using that service.

4. Key Definitions

4.1. In these Terms:

Account means an account opened by a client on the Tothemoon platform.

Applicable Law means any law, regulation, regulatory technical standard, rule, binding decision, supervisory requirement, court order, sanctions measure, AML/CFT requirement, market abuse requirement, tax reporting requirement or other legal obligation applicable to you, us, the platform or any service.

Authorised Representative means any individual authorised to access, manage or operate an account on behalf of a corporate client or other legal entity.

Business Account means an account opened for a legal person, company, partnership, foundation, trust or other organisation.

Client, user, you and your mean any individual, legal entity or other person who accesses the platform, applies for an account, opens an account or uses any service.

Crypto-asset means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology.

EEA means the European Economic Area.

Fiat currency means government-issued currency supported by the platform from time to time.

MiCA means Regulation (EU) 2023/1114 on Markets in Crypto-Assets, as amended, supplemented or replaced from time to time.

Order means an instruction submitted through the platform to buy, sell, exchange, convert or otherwise transact in a supported crypto-asset or fiat currency.

Platform means the Tothemoon website, mobile applications, account environment, trading interfaces, wallet interface, systems, APIs and related technology.

Restricted Country means any country or territory listed in Section 8, or any other country or territory in which we do not provide services from time to time.

Services means the services and functionality made available through the platform, including Buy Crypto, Markets, Exchange, custody, transfers, deposits, withdrawals, staking where available, crypto card-related functionality where available, OTC services, business services and API access where available.

Supported Asset means a crypto-asset or fiat currency supported by the platform at the relevant time.

5. General Nature of the Services

5.1. Tothemoon provides a platform through which eligible clients may access crypto-asset services and related functionality. Depending on your eligibility, location, client type and product availability, the platform may allow you to buy, sell, exchange, convert, hold, transfer and withdraw supported crypto-assets, access market information, use trading interfaces, obtain account statements, use business account functionality and access other related services.

5.2. For EEA clients, the services may include custody and administration of crypto-assets on behalf of clients, exchange of crypto-assets for funds, exchange of crypto-assets for other crypto-assets, execution of orders on behalf of clients, reception and transmission of orders for crypto-assets on behalf of clients, placing of crypto-assets, and transfer services for crypto-assets on behalf of clients.

5.3. Not all services are available to all clients. We may make a service available, unavailable, restricted or subject to additional conditions depending on client type, jurisdiction, asset, payment method, regulatory status, compliance review, technical configuration, liquidity, risk assessment or internal policy.

5.4. Tothemoon does not provide investment advice, portfolio management, personal recommendations, tax advice, legal advice or financial planning services unless expressly agreed in writing and authorised under applicable law.

5.5. Information displayed on the platform, including market data, price information, asset descriptions, educational materials or support materials, is provided for general information only and should not be treated as advice or a recommendation.

6. Client Types

6.1. The platform may be used by individual clients and corporate clients, subject to onboarding, eligibility checks and applicable law.

6.2. An individual client must act on their own behalf and must not use an individual account for another person, as nominee, undisclosed agent, broker, payment intermediary, payment collector or representative of a third party.

6.3. A corporate client must act through duly authorised representatives. The corporate client is responsible for all actions, omissions, instructions and transactions of its authorised representatives, administrators, employees, agents, API users and any person acting through its account credentials, devices or systems.

6.4. We may apply different onboarding procedures, limits, due diligence requirements, documentation requirements, products, interfaces, fees, service levels and contractual arrangements to individual clients and corporate clients.

6.5. For corporate clients, we may require information and documents relating to incorporation, good standing, constitutional documents, directors, officers, shareholders, beneficial owners, control structure, authorised representatives, source of funds, source of wealth, business model, expected activity, counterparties, regulatory status and any other matter relevant to onboarding, risk assessment or ongoing monitoring.

6.6. We may require corporate clients to provide corporate resolutions, powers of attorney, authorised signatory lists or other evidence of authority.

6.7. We may rely on instructions from authorised representatives until we receive and process notice, in a form satisfactory to us, that such authority has been revoked or changed.

6.8. If there is a dispute within a corporate client, including a dispute between shareholders, directors, beneficial owners, authorised representatives or signatories, we may suspend or restrict the account until the dispute is resolved to our satisfaction.

7. Eligibility and Account Opening

7.1. You may use the platform only if you satisfy our eligibility requirements and all applicable legal and regulatory requirements.

7.2. If you are an individual, you must be at least 18 years old, have full legal capacity, act on your own behalf, provide accurate information, pass all required onboarding checks and not be located in or otherwise materially connected with a Restricted Country.

7.3. If you are a corporate client, you must be duly incorporated or established, validly existing under the laws of your jurisdiction, duly authorised to enter into these Terms, acting through authorised representatives, and not incorporated, established, operating from or otherwise materially connected with a Restricted Country.

7.4. We may refuse to open an account, refuse to provide a service, limit available functionality, require additional information, suspend an account or close an account where required or permitted by applicable law, internal policy, risk appetite, compliance assessment, operational requirements or supervisory expectations.

7.5. Account opening is not automatic. Submission of information or completion of an application does not oblige us to open an account or make any service available.

7.6. You must not open or maintain more than one account without our approval.

7.7. You must not sell, transfer, assign, lend, share or otherwise make your account available to any other person.

8. Restricted Countries

8.1. We do not provide services to persons located in, resident in, incorporated in, established in, operating from or otherwise materially connected with any Restricted Country.

8.2. The current Restricted Countries are:

Afghanistan, American Samoa, Belarus, Canada, China, Democratic Republic of the Congo, Cuba, Guam, Iran, Iraq, Japan, Kosovo, Lebanon, Libya, Mali, Myanmar, Nicaragua, North Korea, Northern Mariana Islands, Occupied territories of Ukraine, Pakistan, Puerto Rico, Russian Federation, Somalia, South Sudan, State of Palestine, Sudan, Syria, The United Kingdom, The United States of America, U.S. Virgin Islands, Uzbekistan, Venezuela, Western Sahara and Yemen.

8.3. We may update the list of Restricted Countries from time to time without prior notice where required by applicable law, sanctions measures, regulatory developments, risk assessment, internal policy or commercial decision.

8.4. You must not attempt to access or use the platform from a Restricted Country.

8.5. You must not use VPNs, proxies, remote access tools, false information or any other method to conceal or misrepresent your location, residence, nationality, place of incorporation, establishment, beneficial ownership, control structure or eligibility.

8.6. You must notify us immediately if your country of residence, location, nationality, incorporation, establishment, beneficial ownership, control structure or eligibility status changes.

8.7. If we determine that you are connected with a Restricted Country, we may restrict your account, reject transactions, require withdrawal of assets, close your account or take any other action required or permitted by applicable law.

9. Verification, Due Diligence and Ongoing Monitoring

9.1. Before opening an account and throughout the relationship, we may request information and documents necessary for identification, verification, due diligence, risk assessment, AML/CFT compliance, sanctions screening, Travel Rule compliance, fraud prevention, security and regulatory reporting.

9.2. We may request identity documents, proof of address, biometric checks where permitted, tax information, bank account information, payment method information, wallet ownership information, source of funds and source of wealth information, employment or business activity information, corporate documents, beneficial ownership information and transaction supporting documents.

9.3. You must provide accurate, complete and up-to-date information. If information changes, you must notify us promptly.

9.4. We may conduct periodic reviews, event-driven reviews, transaction-specific reviews, wallet screening, counterparty screening, source of funds checks and enhanced due diligence.

9.5. You must cooperate with these reviews and provide requested information within the timeframe we specify.

9.6. If you fail to provide requested information, or if we are unable to complete our checks, we may restrict, suspend or close your account, reject transactions, delay withdrawals, return funds or take any other action required or permitted by applicable law.

9.7. We may use third-party providers for identity verification, business verification, sanctions screening, AML/CFT screening, blockchain analytics, Travel Rule compliance, fraud prevention, device intelligence, risk scoring and other compliance or security purposes.

9.8. We may retain information and documents provided by you or collected by us for as long as required or permitted by applicable law.

10. Account Security

10.1. You are responsible for maintaining the security of your account, credentials, devices, email account, authentication methods, passwords, API keys, recovery codes and any other access tools.

10.2. You must use all security measures required by the platform, including multi-factor authentication where required.

10.3. You must not share your credentials, authentication devices, API keys or access rights with any unauthorised person.

10.4. You must notify us immediately if you suspect unauthorised access, account compromise, credential theft, phishing, fraud, malware, SIM swap, unauthorised transaction activity or any other security issue affecting your account.

10.5. We may suspend or restrict your account if we suspect unauthorised access, fraud, account compromise, malware, phishing, credential theft, suspicious activity or any other security risk.

10.6. You are responsible for all activity conducted through your account, credentials, authorised representatives, API keys or connected systems, except to the extent caused by our fraud, wilful misconduct or breach of obligations that cannot be excluded under applicable law.

10.7. We will never ask you to disclose your password, one-time password, recovery codes or private authentication credentials outside secure platform flows. You should treat any such request as suspicious.

11. Platform Sections and Functionality

11.1. The platform may include several sections or interfaces, including Buy Crypto, Markets, Exchange, account management, wallet functionality, transaction history, business account functionality, staking functionality, card-related functionality, OTC functionality and API functionality.

11.2. The names, availability and content of platform sections may change from time to time.

11.3. A section name is descriptive only and does not change the legal nature of the service provided.

12. Buy Crypto

12.1. The Buy Crypto section allows eligible clients to buy or sell supported crypto-assets using available payment methods, sell crypto-assets where supported, and exchange one supported crypto-asset for another supported crypto-asset through a simplified interface.

12.2. Buy Crypto is designed for users who prefer a simpler transaction flow rather than submitting Market Orders or Limit Orders through the Exchange interface.

12.3. When you use Buy Crypto, you transact with Tothemoon as your counterparty, unless expressly stated otherwise.

12.4. The price, rate, spread, fee, output amount and applicable payment method details will be displayed or made available through the platform before confirmation.

12.5. A displayed quote may be valid only for a limited period and may change before the transaction is confirmed.

12.6. Once confirmed and accepted by our systems, a Buy Crypto transaction may not be cancellable or reversible.

12.7. We may reject, delay, suspend or cancel a Buy Crypto transaction due to insufficient balance, payment failure, price movement, liquidity constraints, compliance checks, sanctions screening, Travel Rule requirements, fraud controls, technical issues, asset restrictions or other risk controls.

13. Markets

13.1. The Markets section is an informational section that displays market data, prices, charts, crypto-asset information and other data relating to supported or selected crypto-assets.

13.2. Market data may be provided by Tothemoon, group entities, liquidity providers, trading venues, data vendors or other third-party sources.

13.3. Market data may be delayed, incomplete, inaccurate or unavailable.

13.4. The Markets section is not investment advice, not a recommendation, not an invitation to transact and not a guarantee that a crypto-asset is available, suitable, liquid, compliant or appropriate for you.

13.5. We may add, remove, modify or suspend market data at any time.

13.6. You should not rely solely on the Markets section when making decisions.

14. Exchange

14.1. The Exchange section provides a trading interface that allows eligible clients to submit instructions to buy or sell supported crypto-assets through available order types, including Market Orders and Limit Orders.

14.2. The Exchange interface may display price levels, market depth, order book-style information, historical data, charts or other trading information.

14.3. These interface elements are provided for user experience, price transparency and informational purposes.

14.4. Tothemoon does not operate a multilateral trading platform. Client orders are not matched with orders of other clients.

14.5. When your order is executed through the Exchange interface, Tothemoon acts as principal and counterparty to you, unless expressly stated otherwise in specific product terms.

14.6. Your transaction is executed against Tothemoon’s own liquidity, inventory or liquidity arrangements, and not against another client’s order.

14.7. Tothemoon may manage its own exposure by using internal liquidity, intra-group liquidity arrangements, external liquidity providers, exchanges, market makers, OTC counterparties or other liquidity sources.

14.8. You do not have any direct contractual relationship with any external liquidity provider, exchange, market maker, custody technology provider, payment provider or other third party used by Tothemoon for liquidity, hedging, execution support, settlement or operational purposes.

15. Market Orders and Limit Orders

15.1. A Market Order is an instruction to buy or sell a supported crypto-asset at the best available price determined through the platform at the time the order is processed.

15.2. The execution price of a Market Order may differ from the price displayed when the order is submitted due to market movement, liquidity, spread, fees, system processing or other factors.

15.3. A Limit Order is an instruction to buy or sell a supported crypto-asset at a specified price or better.

15.4. A Limit Order may remain open until executed, cancelled, expired or removed in accordance with these Terms and platform rules.

15.5. A Limit Order is not guaranteed to execute.

15.6. By submitting any order, you authorise Tothemoon to execute the transaction in accordance with the order type, platform rules, applicable disclosures, available liquidity and our execution arrangements.

15.7. We may accept, reject, cancel, suspend, partially execute or decline to execute any order where required or permitted by applicable law, compliance controls, sanctions screening, market conditions, liquidity, technical limitations, asset restrictions, account status, insufficient balance, operational requirements or risk controls.

15.8. Orders may be subject to minimum and maximum sizes, price bands, collars, limits, trading hours, asset restrictions, client limits, jurisdictional restrictions, fees, spreads and other parameters.

15.9. You are responsible for reviewing all order details before submission.

15.10. Once submitted, an order may not be cancellable, and once executed, a transaction may not be reversible except where required by applicable law or due to manifest error.

16. Order Execution, Pricing, Conflicts of Interest and Errors

16.1. We will maintain order execution arrangements appropriate to the services we provide and the applicable regulatory requirements.

16.2. Prices displayed on the platform may be derived from internal pricing systems, liquidity providers, market data sources, external venues, spreads, fees, inventory management, risk controls and other relevant factors.

16.3. Tothemoon may earn revenue from trading fees, spreads, conversion fees, withdrawal fees, service fees or other charges disclosed through the platform, the Fees page or applicable product terms.

16.4. We may suspend or restrict trading in response to volatility, illiquidity, technical incidents, blockchain disruption, provider outages, suspected market abuse, compliance concerns, regulatory requirements, asset-specific risks or other events that may affect orderly execution.

16.5. Nothing in these Terms requires us to execute an order where doing so would be unlawful, inconsistent with our risk controls, inconsistent with sanctions requirements, inconsistent with AML/CFT obligations, technically impossible, commercially unreasonable or outside the scope of services we provide.

16.6. Because Tothemoon may act as principal and counterparty to client transactions, actual or potential conflicts of interest may arise, including in relation to pricing, spreads, execution, liquidity management, supported assets, use of group entities, external liquidity arrangements, listing decisions or commercial incentives.

16.7. We maintain arrangements designed to identify, prevent, manage and, where required, disclose conflicts of interest that may arise in connection with the services.

16.8. Where we consider that a conflict of interest cannot be adequately managed, we may decline to provide a service, reject or cancel an order, restrict access to a product, or take other reasonable steps permitted by applicable law.

16.9. The existence of a potential conflict does not mean that we are acting as your adviser, fiduciary, agent or broker. Unless expressly agreed otherwise in writing, we act on the basis described in these Terms and not as a fiduciary or investment adviser.

16.10. If a price, quote, balance, fee, asset amount, transaction status or other information is displayed incorrectly due to a technical, system, integration, market data, pricing or operational error, we may correct the error and take reasonable steps to put the account into the position it would have been in had the error not occurred.

16.11. We may cancel, reverse, amend or adjust a transaction affected by manifest error, incorrect pricing, duplicated processing, mistaken credit, system malfunction, market data failure or unauthorised activity, where permitted by applicable law.

16.12. If assets or funds are credited to your account by mistake, you must not use, withdraw, transfer or dispose of them. We may deduct or reverse mistaken credits and may restrict your account until the matter is resolved.

17. Custody and Administration of Crypto-Assets

17.1. Where custody and administration services are provided, Tothemoon holds or arranges for the holding of supported crypto-assets or means of access to supported crypto-assets on behalf of clients.

17.2. Crypto-assets may be held through a combination of internal custody infrastructure, institutional custody technology, hot wallets, cold wallets, omnibus wallet arrangements, segregated wallet arrangements, internal ledger arrangements and other security controls.

17.3. We will maintain records of client positions and entitlements in supported crypto-assets.

17.4. Your account balance reflects our internal books and records relating to your entitlement to supported assets, subject to transactions, fees, corrections, compliance holds, operational processes and applicable law.

17.5. We will take measures required by applicable law to safeguard client crypto-assets, maintain appropriate segregation between client assets and own assets, and prevent unauthorised use of client assets.

17.6. Unless expressly agreed otherwise or required by applicable law, you do not have a claim to any specific blockchain address, private key, UTXO, wallet, token unit or on-chain asset. Your rights are recorded in your account and our internal records.

17.7. We will not use client crypto-assets for our own account except where expressly permitted under applicable law, expressly agreed with you, or necessary to process transactions instructed by you.

17.8. Custody arrangements may rely on technology and services provided by third-party custody infrastructure providers. The use of such providers does not create a direct contractual relationship between you and those providers.

17.9. You must not treat your Tothemoon account as a personal wallet for unsupported assets, unsupported networks, anonymous transfers, third-party collections or activity inconsistent with your approved account profile.

18. Fiat Funds and Payment Methods

18.1. Where fiat functionality is available, you may deposit fiat currency, withdraw fiat currency or use fiat currency to buy crypto-assets through supported payment methods.

18.2. Tothemoon may use banks, payment institutions, electronic money institutions, card acquirers, payment processors and other service providers to support deposits, withdrawals, settlement, card acquiring, payment processing, safeguarding and operational functionality.

18.3. The use of such providers is part of the platform’s operational infrastructure.

18.4. Unless expressly stated in separate product terms, Tothemoon does not open independent IBAN accounts, payment accounts or electronic money accounts for clients, and does not provide standalone banking or payment account services to clients.

18.5. Fiat deposits and withdrawals may be subject to payment provider rules, bank checks, compliance reviews, sanctions screening, transaction monitoring, fraud prevention controls, chargeback risk, fees, limits and processing times.

18.6. You must use only payment methods, bank accounts, cards or payment accounts that belong to you, unless we expressly agree otherwise.

18.7. Third-party payments may be rejected, delayed, returned, investigated or restricted.

18.8. We may reject, delay, return or investigate fiat transactions where required or permitted by applicable law, provider rules, compliance requirements, risk controls, technical limitations or operational requirements.

18.9. If a fiat transaction is reversed, recalled, charged back or rejected after your account has been credited or after a crypto-asset transaction has been executed, you remain responsible for the resulting amount owed to us. We may deduct the amount from your balances, restrict your account or take other reasonable steps to recover it, where permitted by applicable law.

19. Deposits

19.1. You may deposit only supported assets through supported methods and networks.

19.2. You are responsible for ensuring that you use the correct asset, network, address, tag, memo, reference and payment details.

19.3. Crypto-asset deposits may be credited only after sufficient blockchain confirmations and completion of required compliance, security and operational checks.

19.4. Fiat deposits may be credited only after receipt by the relevant provider and completion of required compliance, payment, fraud and operational checks.

19.5. If you send unsupported assets, use an unsupported network, omit a tag or memo, use incorrect payment details, or send assets or funds from an unauthorised source, the deposit may be lost, delayed, rejected or subject to recovery procedures.

19.6. Recovery may not be possible.

19.7. We may charge a reasonable recovery or administrative fee for attempting to recover incorrectly sent assets, where recovery is possible.

19.8. We may reject or return deposits where required or permitted by applicable law, compliance controls, sanctions screening, Travel Rule requirements, payment provider rules, technical limitations or internal policy.

20. Withdrawals and Transfers

20.1. You may withdraw or transfer supported crypto-assets or fiat currency, subject to available balance, account status, supported methods, limits, fees, compliance checks, Travel Rule requirements, security controls, technical availability and applicable law.

20.2. You are responsible for verifying all withdrawal and transfer details before submission, including asset, amount, network, wallet address, tag, memo, bank account, beneficiary details and payment reference.

20.3. Crypto-asset transfers may be irreversible once broadcast to a blockchain network.

20.4. We may be unable to cancel, reverse or recover a transfer after processing.

20.5. We may delay, reject, suspend, block, cancel or investigate any withdrawal or transfer where required or permitted by applicable law, sanctions rules, AML/CFT obligations, Travel Rule obligations, fraud controls, blockchain analytics, security controls, account restrictions, technical limitations or operational requirements.

20.6. We may require additional information about the originator, beneficiary, wallet, counterparty, transaction purpose, source of funds, source of wealth, relationship between parties or supporting documents before processing a withdrawal or transfer.

20.7. We may refuse transfers to or from certain wallets, platforms, protocols, counterparties or jurisdictions where we identify sanctions exposure, fraud indicators, scam indicators, ransomware exposure, darknet exposure, mixer or tumbler exposure, privacy-enhancing service exposure, terrorist financing risk, child exploitation risk, stolen funds risk, unlicensed service exposure or other elevated risk.

20.8. Withdrawal availability, processing times and network confirmations may vary depending on asset, network, provider, liquidity, operational status, compliance review and technical conditions.

21. Travel Rule

21.1. Crypto-asset transfers may be subject to Travel Rule requirements.

21.2. We may collect, verify, retain, transmit and receive originator and beneficiary information in connection with crypto-asset transfers.

21.3. You must provide all information required for Travel Rule compliance.

21.4. This may include information about the originator, beneficiary, wallet ownership, account details, address details, customer identification details, transaction purpose and any other information required by applicable law.

21.5. If required information is missing, incomplete, inaccurate, inconsistent or suspicious, we may delay, reject, suspend, block or investigate the transfer and take any other action required or permitted by applicable law.

22. Supported Assets and Networks

22.1. We decide which crypto-assets, fiat currencies, networks, token standards, trading pairs, transfer methods and services are supported on the platform.

22.2. Support for a crypto-asset does not constitute investment advice, endorsement, recommendation, approval of an issuer, approval of a project, confirmation of legal status, confirmation of regulatory status or confirmation that the asset is suitable for you.

22.3. We may add, remove, suspend, restrict, convert, delist or disable any asset, network, pair or service at any time where required or permitted by applicable law, regulatory requirements, issuer status, market conditions, liquidity conditions, technical considerations, blockchain events, security concerns, compliance risk, operational risk or internal policy.

22.4. For asset-referenced tokens, e-money tokens, stablecoins or similar assets, we may restrict support to assets that we consider compatible with applicable regulatory requirements and our internal policies.

22.5. If we cease supporting an asset or network, we may require you to sell, convert, withdraw or otherwise deal with the asset within a specified period.

22.6. If you do not do so, we may take reasonable action permitted by law and notified to you where required.

23. Forks, Airdrops, Token Migrations and Similar Events

23.1. Crypto-assets may be affected by forks, airdrops, token migrations, redenominations, swaps, burns, blockchain upgrades, governance events, smart contract changes or similar events.

23.2. We are not obliged to support any such event unless we expressly state otherwise.

23.3. We may decide whether and how to support such events based on legal, regulatory, technical, security, operational, tax, liquidity and provider considerations.

23.4. If we do not support an event, you may not receive any resulting asset, benefit or entitlement.

23.5. We may suspend deposits, withdrawals, trading, transfers or other services in connection with any such event.

24. Staking Functionality

24.1. Where staking functionality is made available, it will be subject to the Staking T&Cs and any additional product information, eligibility criteria, risk disclosures and restrictions presented to you.

24.2. Staking functionality may not be available to all clients, in all jurisdictions or for all assets.

24.3. Any staking rewards are not guaranteed unless expressly stated in the applicable Staking T&Cs or product information. They may vary depending on network conditions, validator performance, protocol rules, provider arrangements, fees, slashing, technical events, regulatory restrictions and other factors.

24.4. Staking may involve risks, including lock-up periods, delayed withdrawals, slashing, validator failure, protocol changes, smart contract vulnerabilities, market volatility and regulatory risk.

24.5. Staking functionality is not a deposit, savings account, electronic money account, investment advice, portfolio management service or guaranteed return product.

24.6. In case of conflict between these Terms and the Staking T&Cs, the Staking T&Cs will prevail for staking functionality.

25. Crypto Card-Related Functionality

25.1. Where crypto card-related functionality is made available, it will be subject to the Crypto Card T&Cs and any additional product information, eligibility criteria, fees, limits and restrictions presented to you.

25.2. Card-related functionality may involve one or more third-party card issuers, electronic money institutions, payment institutions, card schemes, processors or other service providers.

25.3. Tothemoon does not provide standalone banking services, does not open personal IBAN accounts for clients through the crypto card functionality, and does not provide independent payment accounts unless expressly stated in the applicable product terms.

25.4. Crypto card-related functionality may involve conversion of crypto-assets into fiat currency or other operational processes necessary to support card transactions, subject to applicable product terms.

25.5. Card availability, limits, transaction approval, settlement, chargebacks, refunds, reversals and fees may depend on third-party provider rules and applicable law.

25.6. In case of conflict between these Terms and the Crypto Card T&Cs, the Crypto Card T&Cs will prevail for crypto card-related functionality.

26. Placing, Listings and Token Campaigns

26.1. Where made available, Tothemoon may provide placing-related services, listing-related functionality, token distribution functionality, launchpad-style campaigns or other token-related services.

26.2. Participation may be subject to separate terms, issuer documents, white papers, eligibility checks, allocation rules, lock-up arrangements, jurisdictional restrictions, payment procedures, refund rules and risk disclosures.

26.3. We may conduct due diligence on issuers, projects and crypto-assets for our own compliance, listing, risk management and operational purposes.

26.4. Such due diligence does not constitute investment advice to you and does not guarantee the value, quality, legality, regulatory treatment, liquidity, performance or success of any crypto-asset or project.

26.5. You are responsible for reviewing all relevant documents and deciding whether participation is appropriate for you.

27. OTC Services

27.1. Tothemoon may make over-the-counter services available to eligible clients, including corporate clients, institutional clients or other clients meeting applicable criteria.

27.2. OTC services may involve individually quoted transactions, larger transaction sizes, separate communication channels, specific settlement arrangements, specific fees or spreads, enhanced due diligence, additional limits and additional transaction procedures.

27.3. An OTC quote may be indicative or firm depending on how it is communicated.

27.4. Unless expressly confirmed as firm and accepted within the stated validity period, an OTC quote may be changed or withdrawn.

27.5. OTC transactions are executed with Tothemoon acting as principal and counterparty, unless expressly stated otherwise in a written OTC agreement.

27.6. Additional OTC terms may apply. In case of conflict between these Terms and a signed OTC agreement, the signed OTC agreement will prevail for the OTC transaction.

28. API Access

28.1. API access may be made available to eligible corporate clients or other approved clients for business or technical integration purposes.

28.2. API access is subject to approval, technical requirements, security requirements, rate limits, product availability and any additional API terms or documentation provided by Tothemoon.

28.3. You are responsible for all activity conducted through your API keys, credentials, systems, integrations, employees, contractors and authorised users.

28.4. You must protect API keys and credentials from unauthorised access.

28.5. You must notify us immediately if an API key or connected system is compromised.

28.6. We may suspend, throttle, restrict, revoke or modify API access due to security risk, abuse, excessive load, technical issues, compliance concerns, market integrity concerns, unauthorised use, breach of terms or operational requirements.

29. Promotions and Competitions

29.1. Promotions, competitions, campaigns, rewards, bonuses, referral programmes or similar activities are subject to the General Promotions and Competitions Terms and any specific rules applicable to the relevant promotion.

29.2. Promotions may be changed, suspended, restricted or withdrawn where permitted by the applicable promotion terms, law, compliance requirements, fraud controls, operational needs or internal policy.

29.3. We may refuse, reverse or recover rewards where we identify abuse, manipulation, fraud, duplicate accounts, false information, ineligible participation or breach of applicable terms.

30. Fees, Spreads and Costs

30.1. You agree to pay all fees, spreads, commissions, withdrawal fees, network fees, payment fees, service fees and other costs applicable to your use of the platform.

30.2. The applicable fees are set out on the Fees page available at https://tothemoon.com/fees, in the platform interface, in transaction previews, in product terms or in other notices made available to you.

30.3. Fees may vary depending on asset, network, payment method, order type, service, client type, jurisdiction, transaction size, liquidity conditions and provider costs.

30.4. Network fees are determined by blockchain networks and may change rapidly.

30.5. We may estimate, pass through, apply, include, subsidise or otherwise reflect network fees depending on the asset, network and service.

30.6. We may change fees from time to time. Where required by applicable law, we will notify you of material changes.

30.7. You authorise us to deduct applicable fees, costs, charges and amounts owed from your account balances.

30.8. If you owe us any amount, we may set off that amount against any fiat or crypto-asset balance held in your account, where permitted by applicable law.

31. Taxes

31.1. You are responsible for determining, reporting and paying any taxes, duties, levies or other governmental charges arising from your use of the platform, your transactions, your holdings or your gains and losses.

31.2. We do not provide tax advice.

31.3. You should obtain independent tax advice where appropriate.

31.4. We may provide account records, transaction history or statements where available, but we do not guarantee that such information is complete or suitable for your tax reporting.

31.5. We may report information to tax authorities or other authorities where required by applicable law.

32. Compliance, Sanctions and Prohibited Activity

32.1. Tothemoon maintains policies and controls relating to AML/CFT, sanctions, fraud prevention, Travel Rule compliance, blockchain analytics, transaction monitoring, market integrity, client due diligence and regulatory reporting.

32.2. You must not use the platform for unlawful, fraudulent, deceptive, abusive, sanctioned, restricted, suspicious or prohibited activity.

32.3. You must not use the platform in connection with money laundering, terrorist financing, sanctions evasion, fraud, scams, ransomware, malware, darknet markets, stolen funds, illegal gambling, illegal drugs, illegal weapons, human trafficking, child exploitation, unlicensed financial services, market abuse, tax evasion or any other unlawful activity.

32.4. We may monitor, review, screen, investigate, delay, reject, suspend, freeze, block, return or report any account, transaction, deposit, withdrawal, transfer, order, wallet, counterparty, asset or activity.

32.5. We may request information and documents at any time, including source of funds, source of wealth, transaction purpose, beneficiary information, wallet ownership information, invoices, contracts, statements, corporate documents, tax documents or any other supporting evidence.

32.6. We may be prohibited by law from explaining the reasons for certain actions, including suspicious activity reports, sanctions-related actions, law enforcement requests or certain account restrictions.

32.7. You must not use the platform to act as an unlicensed payment intermediary, money remitter, broker, agent, exchanger, payment collector or service provider for third parties unless we have expressly approved that activity in writing and you comply with all applicable legal and regulatory requirements.

33. Market Integrity

33.1. You must not engage in market abuse, manipulation, disorderly trading, wash trading, spoofing, layering, front-running, misuse of confidential information, dissemination of false or misleading information, exploitation of technical errors, abusive arbitrage or any other unfair or abusive activity.

33.2. You must not exploit pricing errors, display errors, calculation errors, latency, system bugs, integration errors, promotional errors or other platform issues.

33.3. If we identify an error or abusive activity, we may correct the error, cancel or amend affected transactions, adjust balances, restrict accounts, suspend activity or take other action permitted by applicable law.

34. Risks

34.1. Crypto-assets are volatile and involve significant risk. The value of crypto-assets may increase or decrease rapidly and may become zero.

34.2. You should use the platform only if you understand the nature of crypto-assets and the risks involved. You may lose part or all of the value of your crypto-assets.

34.3. Crypto-assets are generally not legal tender and are not generally backed by a central bank or government.

34.4. Unless expressly required by applicable law, crypto-assets held on the platform are not protected by a deposit guarantee scheme or investor compensation scheme.

34.5. You must read the Risk Disclosure Statement before using the platform: https://tothemoon.com/faq/risk-disclosure-statement-43000720770.

34.6. The Risk Disclosure Statement forms part of the information you should consider before using any service.

35. No Advice

35.1. Information provided through the platform, website, applications, Markets section, charts, asset descriptions, educational materials, announcements, social media, customer support or other channels is provided for general information only.

35.2. No information provided by Tothemoon should be interpreted as investment advice, legal advice, tax advice, financial advice, accounting advice or a personal recommendation.

35.3. You are solely responsible for your decisions.

35.4. You should obtain independent advice where appropriate.

36. Communications and Electronic Notices

36.1. We may communicate with you electronically, including by email, platform notice, in-app message, push notification, website notice, support ticket, SMS or other electronic means.

36.2. You consent to receive legal notices, disclosures, statements, confirmations, policy updates, transaction information and other communications electronically.

36.3. You are responsible for keeping your contact details accurate and for regularly checking your email, account notifications and platform notices.

36.4. A notice will be deemed received when sent or made available, unless applicable law requires otherwise.

36.5. We may record and retain communications with you for compliance, security, quality assurance, dispute resolution, record-keeping and legal purposes.

37. Statements, Confirmations and Records

37.1. We may provide transaction confirmations, account statements, transaction history, receipts, reports and other records through the platform.

37.2. You are responsible for reviewing your account records and notifying us promptly of any suspected error or unauthorised activity.

37.3. Our books and records will be evidence of your account activity, balances, orders, transactions and instructions, except in case of manifest error or where applicable law requires otherwise.

37.4. If you believe that any record is incorrect, you must notify us as soon as reasonably possible.

38. Privacy and Data Protection

38.1. We process personal data in accordance with our Privacy Policy and applicable data protection law.

38.2. We may process personal data for onboarding, account administration, service provision, compliance, AML/CFT, sanctions screening, Travel Rule compliance, fraud prevention, security, transaction monitoring, regulatory reporting, customer support, analytics, legal claims and business operations.

38.3. We may share personal data with group entities, service providers, regulators, authorities, banks, payment providers, custody technology providers, compliance providers, blockchain analytics providers, Travel Rule providers, auditors, legal advisers and other persons where required or permitted.

38.4. You must read our Privacy Policy before using the platform.

39. Intellectual Property

39.1. The platform, website, applications, software, interfaces, designs, trademarks, logos, trade names, text, graphics, icons, images, data, documentation and other content are owned by or licensed to Tothemoon or its licensors.

39.2. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the platform for your personal use or internal business use, as applicable.

39.3. You must not copy, reproduce, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, scrape, mirror, frame or otherwise exploit the platform or any content except as expressly permitted by us in writing.

39.4. You must not use Tothemoon trademarks, logos, brand names or materials without our prior written consent.

40. Third-Party Infrastructure and Service Providers

40.1. The platform may rely on third-party infrastructure and service providers, including cloud providers, custody technology providers, blockchain networks, payment institutions, banks, card acquirers, payment processors, identity verification providers, blockchain analytics providers, Travel Rule providers, market data providers, communication providers and security providers.

40.2. These providers support the operation of the platform.

40.3. Their involvement does not necessarily mean that they provide services directly to you or that you have a contractual relationship with them.

40.4. We are not responsible for third-party systems, networks, services, data or infrastructure except to the extent required by applicable law or expressly agreed in writing.

41. Availability and Changes to the Platform

41.1. We aim to provide a reliable platform, but we do not guarantee uninterrupted, continuous or error-free availability.

41.2. The platform may be unavailable, delayed, suspended or restricted due to maintenance, upgrades, outages, cyber incidents, provider failures, market events, blockchain disruption, regulatory requirements, compliance reviews, security incidents, operational issues or other reasons.

41.3. We may modify, suspend, discontinue, replace, restrict or remove any feature, service, asset, network, interface, API, product or functionality at any time where permitted by applicable law.

41.4. We may take emergency action without prior notice where necessary to protect clients, client assets, platform integrity, security, legal compliance or market integrity.

42. Suspension, Restrictions and Account Closure

42.1. We may suspend, restrict, freeze, block, close or terminate your account or any service where we consider it necessary or appropriate due to breach of these Terms, false information, failure to provide requested information, loss of eligibility, Restricted Country exposure, suspected fraud, account compromise, sanctions risk, AML/CFT risk, Travel Rule concerns, market abuse concerns, regulatory requirements, court orders, law enforcement requests, provider requirements, security concerns, operational requirements or activity outside our risk appetite.

42.2. We may not be able to provide advance notice or reasons for certain restrictions where prohibited by law, inconsistent with compliance obligations or prejudicial to an investigation.

42.3. If your account is closed, you may be required to withdraw supported assets within a specified period, subject to compliance checks, legal restrictions, technical feasibility and applicable law.

42.4. We may retain records, information, assets or funds where required or permitted by applicable law, including for compliance, legal claims, investigations, court orders, sanctions, reporting obligations or unresolved disputes.

42.5. You may request account closure at any time, subject to completion of pending transactions, settlement of fees, withdrawal of supported assets, compliance checks and legal or regulatory requirements.

43. Inactive Accounts

43.1. If your account remains inactive for a prolonged period, we may classify it as inactive in accordance with our internal policies and applicable law.

43.2. We may require re-verification before reactivating an inactive account.

43.3. We may restrict access, suspend services, close the account or take other action permitted by applicable law.

43.4. Any inactivity fees will apply only where disclosed on the Fees page or otherwise notified to you as required by applicable law.

44. Liability

44.1. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct, gross negligence where applicable, or any mandatory liability arising under applicable crypto-asset, consumer protection, data protection or financial services law.

44.2. Subject to Section 44.1, Tothemoon is responsible only for direct loss that is the natural and reasonably foreseeable result of our breach of these Terms, breach of applicable legal duty, negligence or other liability established under applicable law.

44.3. Tothemoon is not responsible for losses resulting from crypto-asset price movements, market volatility, liquidity conditions, loss of opportunity, loss of profit, loss of revenue, loss of business, loss of goodwill, indirect or consequential loss, blockchain network failures, network congestion, forks, attacks, incorrect wallet addresses, incorrect networks, incorrect payment details, unsupported assets, user error, unauthorised access caused by your failure to secure your account, third-party provider failures, force majeure events, or actions taken in good faith for compliance, sanctions, AML/CFT, fraud prevention, security or regulatory reasons.

44.4. Where applicable law imposes a specific liability standard, remedy, compensation mechanism or limitation, that mandatory rule will apply.

44.5. Nothing in these Terms affects any mandatory rights you may have as a consumer under applicable law.

44.6. Where loss of crypto-assets or funds is caused by an event for which Tothemoon is mandatorily liable under applicable law, our liability will be determined in accordance with that law and these Terms will not limit such liability to the extent limitation is prohibited.

45. Indemnity

45.1. To the extent permitted by applicable law, you agree to compensate Tothemoon and its group entities, directors, officers, employees, contractors and service providers for losses, claims, liabilities, damages, costs and expenses arising from your breach of these Terms, your violation of applicable law, your misuse of the platform, your provision of false or misleading information, your infringement of third-party rights, your tax obligations, your fraud, negligence, wilful misconduct or prohibited activity, or any activity conducted through your account, authorised representatives, credentials or API keys.

45.2. This does not apply to the extent the relevant loss is caused by Tothemoon’s fraud, wilful misconduct or liability that cannot be excluded under applicable law.

46. Force Majeure

46.1. Tothemoon is not liable for delay, failure or inability to perform where caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, sanctions, government action, cyberattacks, malware, ransomware, denial-of-service attacks, blockchain failures, network congestion, forks, power failures, internet outages, cloud provider outages, bank failures, payment provider failures, custody provider failures, liquidity provider failures, strikes, regulatory changes, court orders, law enforcement actions, market disruption, liquidity crisis or extreme volatility.

47. Complaints and Support

47.1. If you are dissatisfied with any aspect of the platform or services, you may contact us through the support channels made available on the platform or by email at support@tothemoon.com.

47.2. Your communication should include your name, account details, contact information, a description of the issue, relevant transaction IDs, dates, amounts, supporting documents and the outcome you are seeking.

47.3. We will review complaints and support requests in accordance with applicable law and our internal procedures.

47.4. Submitting a complaint or support request does not suspend your obligation to comply with these Terms.

48. Changes to These Terms

48.1. We may amend these Terms from time to time to reflect legal or regulatory changes, changes to our authorisation, services, products, fees, business model, providers, operational arrangements, security requirements, compliance controls, risk management requirements or platform functionality.

48.2. Where required by applicable law, we will notify you of material changes.

48.3. Notice may be given by email, platform notice, website publication, in-app notice or other electronic means.

48.4. Your continued use of the platform after the effective date of updated Terms constitutes acceptance of the updated Terms.

48.5. If you do not agree to updated Terms, you must stop using the platform and may request account closure, subject to compliance checks, settlement of pending transactions, withdrawal of supported assets and applicable law.

49. Assignment and Transfer

49.1. You may not assign, transfer or novate your rights or obligations under these Terms without our prior written consent.

49.2. We may assign, transfer or novate our rights and obligations under these Terms to a group entity, successor, acquirer, regulated entity or other person where permitted by applicable law, including in connection with corporate restructuring, authorisation, regulatory transition, merger, acquisition, sale of business, transfer of business or operational reorganisation.

49.3. Where required by applicable law, we will notify you or obtain any required consent.

50. Record-Keeping

50.1. We may retain records relating to your account, identity, verification, transactions, orders, balances, communications, compliance reviews, complaints, restrictions and use of the platform.

50.2. Records may be retained for as long as required or permitted by applicable law, including AML/CFT, tax, accounting, regulatory, audit, legal claims and reporting obligations.

50.3. Electronic records maintained by Tothemoon may be used as evidence of account activity, orders, transactions, communications, balances and instructions.

51. Severability

51.1. If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will remain in force.

51.2. The invalid, unlawful or unenforceable provision will be modified to the minimum extent necessary to make it valid, lawful and enforceable, or will be treated as deleted if modification is not possible.

52. No Waiver

52.1. A failure or delay by Tothemoon in exercising any right or remedy does not constitute a waiver of that right or remedy.

52.2. Any waiver must be in writing and applies only to the specific circumstances for which it is given.

53. Entire Agreement

53.1. These Terms, together with any documents incorporated by reference and any applicable product-specific terms, constitute the agreement between you and the applicable Tothemoon service provider in relation to your use of the platform and services.

53.2. These Terms supersede prior general terms relating to the same services, except for any separate written agreement that expressly remains in force.

54. Language

54.1. These Terms are prepared in English.

54.2. We may provide translations for convenience.

54.3. If there is any inconsistency between the English version and any translation, the English version will prevail, unless applicable law requires otherwise.

55. Governing Law and Jurisdiction

55.1. The governing law and jurisdiction applicable to your relationship with Tothemoon depend on the Tothemoon entity providing the relevant service to you and any mandatory law applicable to you.

55.2. Where the relevant service is provided by Brilliantscope Trading Limited, these Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of Cyprus, subject to any mandatory rights you may have under the laws of your country of residence.

55.3. Where the relevant service is provided by another Tothemoon entity, the governing law and jurisdiction will be determined by the terms applicable to that entity, the relevant regional terms, the onboarding documents or the product-specific terms made available to you.

55.4. If no separate governing law or jurisdiction is specified for another Tothemoon entity, the governing law will be the law of the jurisdiction of incorporation of the relevant service-providing entity, subject to any mandatory rights you may have under applicable law.

55.5. Nothing in these Terms deprives consumers of mandatory legal protections that cannot be waived by contract.

56. Contact

56.1. For general support, please contact us through the support channels made available on the platform or at support@tothemoon.com.

56.2. For legal, regulatory, product-specific, privacy, cookie, risk, fee and other platform information, please refer to the relevant pages and documents made available on the platform.