Earn Wallet Service Terms of Use

Last modification: 17 December 2024

EARN WALLET SERVICE - TERMS OF USE

THIS IS AN IMPORTANT DOCUMENT.

These Earn Terms contain the terms and conditions for the provision of the Earn Wallet Service as available on the App, along with any electronic form or contract executed therethrough (the “Agreement”).

PLEASE READ IT CAREFULLY.

IMPORTANT NOTICE

USING THE EARN WALLET SERVICE MAY BE RESTRICTED BY LAW IN CERTAIN JURISDICTIONS AS OFFERING THE EARN WALLET SERVICE MAY BE SUBJECT TO INVESTMENT AND/OR BANKING LAWS AND REGULATIONS OR REVIEW OR REGULATION BY CERTAIN AUTHORITIES.

THE EARN WALLET SERVICE IS NOT AVAILABLE TO ANYONE RESIDING OR OTHERWISE ESTABLISHED IN A JURISDICTION WHERE VIRTUAL ASSETS AND/OR THEIR USE CONTRAVENES APPLICABLE LAWS AND ARE DEEMED TO BE FINANCIAL INSTRUMENTS, SUCH AS THE UNITED STATES OF AMERICA, THE PEOPLE’S REPUBLIC OF CHINA AND THE RUSSIAN FEDERATION.

PRIOR TO USING THE EARN WALLET SERVICE YOU MUST INFORM YOURSELF OF AND OBSERVE ANY RESTRICTIONS APPLICABLE TO YOU. A FAILURE TO COMPLY WITH APPLICABLE RESTRICTIONS MAY CONSTITUTE A VIOLATION BY YOU OF THE LAWS AND REGULATIONS IN YOUR JURISDICTION.

For the purpose of this Agreement, “Virtual Asset(s)” shall mean a digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes. Virtual Assets do not include digital representations of Fiat Assets, securities and other financial assets.

1. Scope These terms of use (the “Earn Terms”) apply to the transfer by the Company, as this term is defined in the SwissBorg App Terms of Use (or “SwissBorg”) of Virtual Assets on behalf of the User into decentralized finance protocols (the “DeFi Protocol(s)), blockchain networks (the “Network Protocols”, together with the DeFi Protocols, the “Protocol(s)”) and/or various centralized finance platforms (the “CeFi Platforms”).

By subscribing to the Earn Wallet Service, the User agrees to enter into an Agreement with the Company at the conditions set forth in these Earn Terms.

THE EARN WALLET SERVICE IS SOLELY AVAILABLE TO USERS ALREADY HAVING A VIRTUAL ASSET WALLET THAT IS SUPPORTED IN THE APP, AND THUS HAVING ACCEPTED THE APP TERMS OF USE. These Earn Terms complement the App Terms of Use as far as the Earn Wallet Service is concerned. The App Terms of Use remain fully applicable to the Users using the Earn Wallet Service and capitalized terms used in these Earn Terms which are not defined hereunder shall have the same definition as the one given to them in the App Terms of Use and/or the App Privacy Notice.

2. Earn Wallet Service

The Earn Wallet Service is a technical gateway to:

(i) place Virtual Assets into DeFi Protocol(s); and/or

(ii) allocate Virtual Assets to contribute to the functioning of a Network Protocol. Specifically, the allocation of Virtual Assets to a Network Protocol is referred to as “Stake” or “Staking”; and/or

(iii) place Virtual Assets into CeFi Platform(s).

No Fiat Asset will be accepted in the Earn Wallet Service.

The Earn Wallet Service is merely the service of executing a User’s Order to transfer (i) the Virtual Assets of his/her choice to (ii) the Protocol(s) or CeFi Platform(s) of his/her choice in order to (iii) allocate such Virtual Assets to the operation of his/her choice (hereafter the “Operation”) (all together being referred to as an “Allocation”). By selecting an Allocation incorporating a Protocol, the User de facto instructs the Company to transfer his/her Virtual Assets to a smart contract allocating them to the selected Operation on the selected Protocol (hereafter, the “Smart Contract”).

As a consequence, the Virtual Assets subscribed to the Earn Wallet Service will be allocated by SwissBorg either to the Smart Contract operating on the Protocol(s) as selected by the User, or to a CeFi Platform as selected by the User, and implementing the Operation chosen by the User. To do so, the Company will implement strategy parameters, including but not limited to, the minimum and maximum amount to be subscribed, the activation period, the vesting period, as these parameters are defined in Annex 1 and Annex 2. The User understands and agrees that the Company will employ its best efforts to implement the strategy according to such parameters but that such parameters are merely indicative and that the Execution of the User’s Order(s) might deviate from these parameters.

The Earn Wallet Service is not a banking service, a deposit account, a trust or custody account. The Company does not engage in any banking activity or act itself as a custodian.

Users decide solely, at their own risk, to subscribe their Virtual Assets to the Earn Wallet Service and by doing so, instruct the Company to execute their Order(s) to transfer such Virtual Assets to a Smart Contract operating on the Protocol(s) or to the CeFi Platform as selected by the User.

Users understand and agree that they may only subscribe a Virtual Asset to the Earn Wallet Service provided that such Virtual Asset is compatible with the selected Protocol.

Subscription to the Earn Wallet Service can only be made using the App. The Company is under no obligation to execute Orders placed by other means (e.g telephone, email or message).

The Earn Wallet Service does not operate in any other manner than a gateway to access the Protocols or CeFi Platforms, as selected by the Users. As a result, by offering the Earn Wallet Service, SwissBorg operates solely as a technology provider and not as a financial service provider or advisor.

The User is fully responsible for the Allocation and the Company is neither investing the Users’ Virtual Assets nor does it grant or guarantee to Users any financial returns on the Virtual Assets except those served by the Protocols and/or CeFi Platforms.

SwissBorg reserves the right to refuse access to the Earn Wallet Service to any User at any time and/or to stop providing the Earn Wallet Service and/or stop making it available at any time, at its sole discretion.

3. DeFi Protocols and CeFi Platforms

Based on the User’s Orders, SwissBorg undertakes to execute the transfer of the Virtual Assets to Smart Contract(s) or to CeFi Platform(s), as chosen by the User according to the Allocation’s specific parameters, as detailed in Annex 1 hereunder.

As a result of the User’s participation in the DeFi Protocols or the CeFi Platforms, the User may receive a reward.

4. Staking

In a proof-of-stake Network Protocol, transaction validators (“Validators”) are chosen using a formula based on ownership of the underlying Virtual Assets, identity of Validator, past profitability, and time of availability.

As part of the Staking, SwissBorg will act on the User’s behalf as a Validator on the applicable Network Protocol or engage the services of a third-party to do so. The User hereby delegates his/her voting power to SwissBorg, which is entitled to sub-delegate this service to a third-party Validator. If SwissBorg or a third-party on its behalf successfully validates a block of transactions using the User’s Virtual Assets, a reward should be granted by that Network Protocol. No warranty is however given that the User will get a reward.

SwissBorg does not represent, warrant, or guarantee that, including but not limited to:

(a) Staking will occur on a continuous basis;

(b) Staking will occur on an uninterrupted or error-free basis, or that SwissBorg will correct any defect or prevent any third-party disruption or unauthorized third party access; or

The User understands that, in the event of such disruptions, Staking will not generate rewards.

5. Yield

Sending Virtual Assets to a Protocol or a CeFi Platform may generate a reward (the “Yield”).

No warranty is given that the User will get Yield. The User understands that, in the event of disruptions, Protocols or CeFi Platforms may not generate Yield.

The User may accumulate Yield based on the principal number of Virtual Assets initially subscribed to the Earn Wallet Service. The Yield accumulated by the User, if any, will be paid out:

(a) in the same type of Virtual Asset as the principal amount initially subscribed to the Earn Wallet Service, unless specified otherwise in Annex 1 or Annex 2 hereunder, and will be rounded to non-integer, rational numbers to the sub-cent, which is the smallest possible decimal; and

(b) at the User’s request (unless a Vesting Period is applicable, as specified in Annex 1 or Annex 2 hereunder) along with all or part the principal amount of Virtual Asset initially subscribed to the Earn Wallet Service upon Unsubscription, as defined in Article 6 below.

The Yield is not generated by SwissBorg but is set by the relevant Protocols or CeFi Platforms and is not controlled by SwissBorg. In no event shall the Users have any claim against SwissBorg for the Yield as the Yield will be generated by the Protocols or the CeFi Platforms. SwissBorg solely displays the Yield in the Earn Wallet Service interface.

Minimum balance: A minimum Earn Wallet balance of Virtual Assets may be required and detailed in the App, in order to receive Yield. If, at any time, the Earn Wallet balance falls below this minimum amount, the User will automatically forfeit the possibility of receiving Yield. The Earn Wallet Service will be deemed to be inactive until the User subscribes Virtual Assets whose value is equivalent or superior to this minimum amount.

5.1 Estimated Yield

The percentages of estimated Yield and the frequency at which it will be transferred to the User:

(a) are indicative only;

(b) are estimates only and are not guaranteed;

(d) may change at any time, notably but not exclusively according to the Virtual Asset and at the Protocols’ or CeFi Platforms’ sole discretion.

IN NO WAY SHALL ANY ESTIMATED YIELD COMMUNICATED TO THE USER BE CONTRACTUALLY BINDING ON SWISSBORG TOWARDS THE USERS IN ANY WAY.

5.2 Yield Calculation

The estimated Yield is calculated as an annual percentage yield (“APY”). Even if the rate of the Yield is based on an annual-rate basis, the Yield rate is subject to daily adjustment. The Yield shall be variable, set at the Protocols’ or CeFi Platform’s discretion and may change without prior notice from the Protocol or CeFi Platform. APY is purely indicative and may change daily, based on updates delivered by the Protocols or CeFi Platforms at Cut-off Time (as defined below). The published APY reflects the estimated percentage rate and the effect of the frequency of daily Yield compounding when applicable.

Yield shall begin to accrue after each cut-off period as defined in Annex 1 or Annex 2 hereunder, depending on the Virtual Asset (“Cut-off Time”).

You agree that :

(a) SwissBorg does not guarantee that Yield will be effectively generated by the Protocols or the CeFi Platforms;

(b) SwissBorg does not guarantee that it will transfer Yield to you, and that where it does so, the applicable percentages of Yield as displayed within the App and/or the Website:

(i) are estimates only and are not guaranteed; and

(ii) may change at any time because of circumstances related to the Protocol or CeFi Platform alone and/or outside of SwissBorg’s control;

(c) Third-party fees that are not controlled by SwissBorg might apply and be deducted from the Yield generated by the Protocols or CeFi Platforms (“Third-Party Fees”). If so, the estimated Yield displayed on the App and/or the Website will be net from such Third-Party Fees.

5.3 Losses

Smart Contracts and/or Protocols and/or CeFi Platforms may at any time experience unexpected events, including but not limited to a fault, defect, hack, attack, exploit, error or unforeseen circumstance or any other event as listed in Annex 3, which may lead to a loss of part or all of the User’s Virtual Assets transferred to a Smart Contract operating on a Protocol or a CeFi Platform.

The User agrees and understands that in case such unexpected events occur, he/she shall bear all losses arising from such unexpected events. In such a case, SwissBorg will reflect the loss experienced by the Smart Contract and/or Protocol and/or CeFi Platform on the User’s Earn Wallet balance, to the pro-rata of the User’s Virtual Assets transferred to the Smart Contract(s) and/or CeFi Platform(s). Users expressly waive any claim against SwissBorg resulting from such losses of User’s Virtual Assets.

6. Virtual Assets

6.1 Transfer

By clicking the “Start now” and “Subscribe” buttons, the User instructs the Company to transfer Virtual Assets from its App wallet designated to support the holding of Virtual Assets within the App (the Virtual Asset Wallet”) to the Smart Contract operating on the Protocol(s) chosen by the User or to the CeFi Platform(s) chosen by the User, in order to allocate them to the Operation chosen by the User.

6.2 Operations on Virtual Assets

The User expressly understands and agrees that SwissBorg may, on the User’s behalf as described below, convert the Virtual Assets transferred to the Smart Contract(s) or CeFi Platform(s) chosen by the User into another Virtual Asset for the purpose of executing the Service.

6.2.1 Bridge

The User expressly understands and agrees that because of the Protocol(s) selected by the User and of the specificities of the Virtual Assets subscribed to the Earn Wallet Service, SwissBorg may, as specified in Annex 1 or Annex 2 hereunder, need to convert the Virtual Assets into another Virtual Asset(s) for the purpose of executing such Order (a “Bridge” or the “Bridged Virtual Asset(s)”).

In such a case, SwissBorg only undertakes to transfer the Bridged Virtual Assets to the Smart Contract(s) operating on the Protocol(s) chosen by the User.

The User expressly understands and agrees that some CeFi Platforms may also convert the subscribed Virtual Assets into Bridged Virtual Assets.

6.2.2 IOU Tokens

The User expressly understands and agrees that some of the Protocols or CeFi Platforms may, upon allocation of Virtual Assets therein, deliver special tokens referred to as “I owe you” tokens (the “IOU Tokens”). The IOU Tokens materialize the transfer of the Virtual Assets and the Yield associated therewith. In such a case, the Unsubscription by the User of the Virtual Assets from the Earn Wallet Service will result in a conversion of IOU Tokens into the initially transferred Virtual Assets.

SwissBorg will collect IOU Tokens on behalf of the User on an agency basis. The User acknowledges and agrees that he/she cannot request a direct Unsubscription of IOU Tokens and instructs SwissBorg to collect IOU Tokens on his/her behalf.

Each IOU Token corresponds to a value of the corresponding Virtual Asset determined by the Protocol. The User understands and agrees that this peg may vary over time, mainly due to periods of heightened market volatility affecting the concerned Virtual Asset.

6.3 Operations with rewards

The User expressly understands and agrees that, in order to maximize the Yield, SwissBorg may undertake operations with the rewards generated by the Protocols or CeFi Platforms, including but not limited to, conversion or pledging of such rewards. The Yield shall be composed of the compounded (when applicable) amount of rewards generated through such operations.

6.4 Fees

SwissBorg will collect the Yield and return it to the Users after deducting applicable Transaction Fees, as per the definition of this term in the App Terms of Use.

The Yield amount transferred to the User for each Virtual Asset, as displayed on SwissBorg’s App, is net from such Transaction Fees and, where applicable, Third-Party Fees and reflects the Premium Tier rate of the User. Additional information on fees can be provided upon request.

The User understands and agrees that any amount of Virtual Assets lower than applicable network transaction fees may be locked in the Smart Contract.

6.5 Earn Wallet balance

Subject to Article 6.7 below, the User has the discretion to increase or decrease the balance of Virtual Assets subscribed to the Earn Wallet Service at any time, subject to the Cut-off Time, as defined in Annex 1 or Annex 2 hereunder.

Subject to Article 6.7 below, the User may unsubscribe from the Earn Wallet Service (the “Unsubscription”) at any point in time by entering the amount that the User intends to Unsubscribe (the “Withdrawal Amount”) and by subsequently clicking on the “Redeem” button.

The Withdrawal Amount will be transferred to the User’s Virtual Asset Wallet. The Withdrawal Amount shall be confirmed and deducted from the Earn Wallet balance at the next Cut-off Time. The User understands and agrees that the Unsubscription may therefore take a few hours or days to be executed and that there may be significant delays due to circumstances outside of the Company’s control, which include but are not limited to third party technical failures, network congestion and others. The User also understands and agrees that for some Virtual Assets, the Unsubscription may only take place after a Vesting Period, as defined in Annex 1 and Annex 2 hereunder.

The Agreement entered between the User and SwissBorg is concluded until all Virtual Assets, including any accrued Yield, have been fully unsubscribed from the Earn Wallet Service (except any amount of Virtual Asset lower than network transaction fees). The conditions of the Agreement will cease to apply, and a new agreement shall be concluded when the User subscribes Virtual Assets again to the Earn Wallet Service.

6.6 Limitations applicable to Virtual Assets

The User understands and agrees that SwissBorg may, at any time and in its sole discretion and for a period of time defined at its sole discretion, suspend any new subscription to the Earn Wallet Service or any Unsubscription from the Earn Wallet Service of all or part of the Virtual Assets transferred to Smart Contracts operating on Protocols and/or CeFi Platforms on behalf of the User.

SwissBorg shall endeavor to notify the User before implementing such limitations.

In addition, Smart Contracts and/or Protocols and/or CeFi Platforms may, for an undetermined period of time, stop operating and/or experience, including but not limited to, technical bugs or hacks. Such events may result in the inability of SwissBorg to transfer the User’s Virtual Assets from the Smart Contract, Protocol or CeFi Platform back to the User’s Virtual Asset Wallet. SwissBorg shall bear no responsibility in such cases.

SwissBorg does not represent, warrant, or guarantee that any Protocol, Smart Contract or CeFi Platform will remain available through the Earn Wallet Service. Should any Protocol, Smart Contract or CeFi Platform become unavailable, SwissBorg reserves the right to remove the access to the Protocol, Smart Contract or CeFi Platform interfaced with the Earn Wallet Service and to transfer the User’s Virtual Assets to another Protocol, Smart Contract or CeFi Platform.

SwissBorg shall bear no responsibility in case of loss of value of the Virtual Assets subscribed to the Earn Wallet Service due to market volatility or lack of liquidity shall such suspensions occur.

7. Risk disclaimer

The risks associated with the use of the Earn Wallet Service are outlined in Annex 3 of these Earn Terms. The list included therein is however not exhaustive and other risks may occur which were not foreseen by SwissBorg.

THE USER UNDERSTANDS THAT THE MATERIALIZATION OF ANY OF THE RISKS MENTIONED IN ANNEX 3 MAY ULTIMATELY RESULT IN A PARTIAL OR TOTAL LOSS OF HIS/HER VIRTUAL ASSETS.

THE USER UNDERSTANDS THAT SWISSBORG DOES, IN NO EVENT, ASSUME THE RISKS OF THE SMART CONTRACTS OR THE PROTOCOLS OR THE CEFI PLATFORMS DIRECTLY OR INDIRECTLY INTERFACED WITH THE EARN WALLET SERVICE TO WHICH USERS TRANSFER THEIR VIRTUAL ASSETS AS THESE ARE NEITHER OFFERED NOR CONTROLLED BY SWISSBORG. IT IS THE RESPONSIBILITY OF THE USER TO GATHER INFORMATION IN THIS RESPECT. SWISSBORG DOES NOT ASSUME THE RISKS THAT ANY SERVICE PROVIDER, DUE TO FRAUD, NEGLIGENCE OR ANY OTHER EXTERNAL EVENT, FAILS TO PROVIDE ITS SERVICES IN ACCORDANCE WITH THE AGREEMENT ENTERED INTO WITH SWISSBORG.

The User confirms that he/she has read and understood these risks and understands that he/she alone bears all the risks with respect to the Earn Wallet Service, even if they are not specifically disclosed in Annex 3 hereunder, and the responsibility to use the Earn Wallet Service notwithstanding the disclosure of these risks.

YOU SHALL USE THE EARN WALLET SERVICE AND TRANSFER YOUR VIRTUAL ASSETS TO SMART CONTRACTS AND/OR CEFI PLATFORMS AT YOUR SOLE RISK.

SWISSBORG IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR ORDERS OR YOUR USE OF THE EARN WALLET SERVICE OR THE TRANSFER OF YOUR VIRTUAL ASSETS TO SMART CONTRACTS AND/OR CEFI PLATFORMS.

YOU SHOULD NOT RELY ON SWISSBORG TO ASSIST YOU TO EVALUATE THE SMART CONTRACTS AND/OR PROTOCOLS AND/OR CEFI PLATFORMS, ASSESS THEIR FITNESS FOR ANY PURPOSE OR COMPLY WITH ANY REQUIREMENTS.

SWISSBORG WILL NOT INDEMNIFY YOU IN ANY WAY IN THE EVENT OF LOSS OF YOUR VIRTUAL ASSETS AND/OR YOUR PRIVATE KEY OR AS A RESULT OF YOUR ORDERS OR YOUR USE OF THE EARN WALLET SERVICE OR THE TRANSFER OF YOUR VIRTUAL ASSETS TO SMART CONTRACTS AND/OR CEFI PLATFORMS.

8. Representations and warranties

8.1 By SwissBorg

THE EARN WALLET SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH THE CUSTOMARY DUTY OF CARE APPLICABLE TO THE EXECUTION OF ORDERS. IN ADDITION, SWISSBORG DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE EARN WALLET SERVICE OR THE RELATED SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE EARN WALLET SERVICE AND ORDERS EXECUTED ON YOUR BEHALF REMAINS SOLELY WITH YOU.

8.2 By the User

By using the Earn Wallet Service, the User represents and warrants: (a) that any Virtual Asset subscribed to the Earn Wallet Service is owned by the User and/or that the User is fully permitted to carry out Transactions using such Virtual Asset without restriction or limitation;

(b) that all such Virtual Assets are free from any claims, indebtedness, liens, or third-party interests;

(c) that the User’s use of the Earn Wallet Service is solely for his/her own account and benefit, and not on behalf of any other person or entity;

(d) that the User understands and accepts the risks related to the subscription of Virtual Assets to the Earn Wallet Service, including the non-exhaustive list included in Annex 3 hereunder;

(e) that he/she acknowledges and agrees that he/she is solely responsible for determining the nature, potential value, suitability, and appropriateness of the Earn Wallet Service for him/her in light of his/her circumstances and financial resources;

(f) that he/she understands and accepts that the use of the Earn Wallet Service may expose him/her to a loss, including a total loss;

(g) that he/she understands and accepts that he/she has no claim against SwissBorg with respect to the Virtual Assets and the Yield;

(h) that he/she understands and accepts that he/she is not placing his/her Virtual Assets into custody (on a savings account, for instance) or into a collective investment scheme, a fund or purchasing a financial instrument;

(i) that SwissBorg has no duty to inquire into or investigate the validity or accuracy of any Order and that the Orders are placed at the sole risk of the User;

(j) that SwissBorg will not be responsible if someone else accesses the User’s devices and authorizes a Transaction upon receipt of a valid Order to subscribe or unsubscribe Virtual Assets in/from the Earn Wallet Service.

9. Liability

The liability of SwissBorg shall be limited to the proper and timely execution of Orders placed using the App.

SwissBorg shall not bear responsibility or liability for damages incurred by the User as a result of the use of the Earn Wallet Service or placement of the Users’ Virtual Assets into Smart Contracts operating on Protocols or CeFi Platforms. Direct damages are limited to fraud or gross or severe breach of obligations by SwissBorg.

You acknowledge and agree that neither SwissBorg, nor any of, including but not limited to, its officers, directors, employees, shareholders, agents or representatives and/or technology provider(s) shall be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of any Protocols, Smart Contracts, CeFi Platforms or any third party product or services, including without limitation any third party products, services or information that are interfaced with the Earn Wallet Service. SwissBorg shall not be responsible for any misrepresentation, misuse, infringement, or unauthorized display of information by any third-party including any service provider, Protocols, CeFi Platforms or Smart Contracts interfaced with the Earn Wallet Service. Furthermore, SwissBorg shall not be responsible for ensuring the availability or operation of the Smart Contracts and/or Protocols and/or CeFi Platforms, which may be interrupted, suspended, or restricted, including but not limited to because of a fault, defect, hack, attack, exploit, error or unforeseen circumstances, at any time.

User expressly waives any right or claim against SwissBorg in relation to any service provider, Smart Contract, Protocols, CeFi Platforms and/or third parties, including but not limited to any Validator, websites and/or services that are not owned or controlled by SwissBorg. When a User instructs SwissBorg to subscribe Virtual Assets to the Earn Wallet Service and/or accesses third-party websites or uses third-party services, the User accepts that there are risks in doing so, and that SwissBorg is not responsible for such risks even if they are not expressly disclosed in Article 7 or Annex 3 hereunder.

Users are solely responsible for any loss of Virtual Assets or any accumulated Yield, if any, that they may suffer from the use of the Earn Wallet Service and subscribing their Virtual Assets to the Earn Wallet Service and underlying Smart Contracts, Protocols and CeFi Platforms.

10. Data Protection

Personal data. The performance of the Services entails the processing of the User’s Personal data by SwissBorg. It includes the User’s full name and contact information (e.g. home address and address history, email address, mobile telephone number), date of birth and/or age and financial details. SwissBorg shall act as a Controller in relation to the processing of Personal data under this Agreement.

International Personal data transfers. In order for the Services described herein to be provided, the User’s Personal data will be transferred, processed and stored outside the European Economic Area. Data protection laws in these countries may not offer the same level of protection as in the European Economic Area and the User may have fewer legal rights in relation to his/her information. As such, steps will be necessary to ensure appropriate safeguards. These may include imposing contractual obligations of adequacy or requiring the recipient to subscribe or be certified with an ‘international framework’ of protection.

Security of processing. Taking into account the state of the art and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of the User, SwissBorg, in respect of the Services to be provided, implemented the appropriate technical and organizational measures to ensure a level of security suited to the risk.

Data subject’s rights. In the context of the processing of his/her Personal data, the User is granted the following rights by the applicable Laws and Regulations:

- The right to be informed about our processing of your Personal data;

- The right to have your Personal data corrected if it’s inaccurate and to have incomplete Personal data completed;

- The right to object to processing of your Personal data;

- The right to restrict processing of your Personal data;

- The right to have your Personal data erased (the “right to be forgotten”);

- The right to request access to your Personal data and information about how we process it; and

- The right to move, copy or transfer your Personal data (“data portability”).

11. Amendments

SwissBorg reserves the right to amend these Earn Terms at its sole discretion at any time. Material modifications or amendments shall be sent by notification or electronic mail to the User. The User is deemed to have accepted the updated Earn Terms in the event that the User continues to use the Earn Wallet Service after he/she has been notified of the amendments/modifications.

12. Termination

Termination upon User’s request. If the User requests to close his/her User Account and/or ceases to use the Earn Wallet Service, these Earn Terms and the Agreement shall be automatically terminated with immediate effect after all Virtual Assets have been Unsubscribed by the User or transferred back by SwissBorg to the User’s Virtual Asset Wallet (except amounts of Virtual Assets lower than network transaction fees).

Termination upon Company’s request. If SwissBorg has clearly identified illicitly sourced Virtual Assets or other illicit activities or is instructed to do so by law enforcement authorities, SwissBorg will stop providing the Earn Wallet Service and shall be entitled to retain/freeze the Virtual Assets of the User subscribed to the Earn Wallet Service.

SwissBorg may also terminate this Agreement in the event where SwissBorg would cease to provide the Earn Wallet Service. SwissBorg may decide to cease to provide the Earn Wallet Service for any Virtual Asset at any time and at its sole discretion. In this event, SwissBorg will provide advance notice to the User.

In the event of termination of this Agreement, termination of providing the Earn Wallet Service or request from the User to unsubscribing from the Earn Wallet Service, whether at the User’s request or at SwissBorg’s request, SwissBorg will transfer the User’s Virtual Assets back to his/her Virtual Asset Wallet from which they were initially sent, without prejudice of any applicable Vesting Period, as defined in Annex 1 and Annex 2. For this purpose, any termination pursuant to these Earn Terms shall be deemed to be an Order to withdraw the Virtual Assets from a Smart Contract and/or CeFi Platform as chosen by the User.

Termination of interfacing the Smart Contracts, or the Protocols or the CeFi Platforms. SwissBorg may also decide at any time to stop interfacing access to any Smart Contract and/or any Protocol and/or any CeFi Platform chosen by the User. In such case, the User’s Virtual Assets subscribed to the Earn Wallet Service shall automatically be transferred back to his/her Virtual Asset Wallet, without prejudice of any applicable Vesting Period, as defined in Annex 1 and Annex 2 or other reasonable delays that might occur due to the prevailing market conditions at any given time.

The User understands and agrees that the Company will only transfer their Virtual Assets back to their Virtual Asset Wallet once any applicable Vesting Period, as indicated in Annex 1 or Annex 2, has expired. If a User closes their account before this date, the Company will request the User to communicate personal information in order to transfer their Virtual Assets to their personal wallet once the Vesting Period has expired. The User understands and agrees that if they do not provide this information or if they provide inaccurate information, they might lose all of these Virtual Assets. You hereby irrevocably release the Company from and waive all rights against the Company in respect of these Virtual Assets.

Transition to new Smart Contracts, Protocols or CeFi Platforms. SwissBorg reserves the right, at its sole discretion, to allow a transition to a new Earn Wallet Service interfaced with another Smart Contract and/or Protocol and/or CeFi Platform upon reception of an express Order by the User to transfer the Virtual Assets to such new Smart Contract and/or Protocol and/or CeFi Platform. In such a case, the Virtual Assets shall be transferred directly from the discontinued Earn Wallet Service to the new Earn Wallet Service. In the absence of such express Order, the Virtual Assets shall automatically be transferred back to the Virtual Asset Wallet of the concerned User.

13. Applicable Law

If your counterparty to these Terms is SwissBorg Solutions OÜ, the Terms shall be governed by the laws of Estonia. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the courts of Estonia.

If your counterparty to these Terms is Dharma Ltd, the Terms shall be governed by the laws of Seychelles. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the courts of Seychelles.

Annex 1 : Allocations

The present annex describes, for each Allocation, the Virtual Asset, the Smart Contract and the Operations executed on DeFi Protocols or CeFi Platforms, as interfaced with the Earn Wallet Service and on behalf of the User.

Section 1 - SAND Flexible SANDDEFI1

The present Section 1 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “SAND” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 1, “Virtual Asset(s)” shall mean SAND only.

1. DeFi Protocol

SwissBorg will transfer the Virtual Assets SAND to a Smart Contract deployed in the following DeFi Protocol(s): The Sandbox.

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocol: lock the Virtual Assets on the DeFi Protocol to support the project and receive rewards.

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for SAND Flexible is: 12 SAND.

4. Reward Type

The Yield will be compounded and paid out in SAND.

5. Activation Period

The User understands that he/she will start earning Yield as from the beginning of a new Cut-Off period. If the User subscribes Virtual Assets to the Earn Wallet Service after the beginning of a Cut-Off period, Yield will only be generated as from the next Cut-Off period. The time between two Cut-Off periods is 24 hours.

6. Redemption Period

The User understands that he/she can instruct SwissBorg to transfer the Virtual Assets subscribed to the Earn Wallet Service back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place as from the beginning of a new Cut-Off period up to 24 hours after the User’s action of Unsubscription.

Section 2 - APE Flexible

APEDEFI1

The present Section 2 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “APE” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 2, “Virtual Asset(s)” shall refer to APE only.

1. DeFi Protocol

SwissBorg will transfer the Virtual Assets APE to a Smart Contract deployed in the following DeFi Protocol: ApeStake.io operating the following market: https://app.apestake.io/

2. Operations performed by the Smart Contract

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for APE Flexible is: 3 APE.

4. Reward Type

The Yield will be compounded and paid out in APE.

5. Activation Period

6. Redemption Period

Section 3 - JOE Flexible

JOEDEFI1

The present Section 3 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “JOE” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 3, “Virtual Asset(s)” shall refer to JOE only.

1. DeFi Protocol

SwissBorg will transfer the Virtual Assets JOE to a Smart Contract deployed in the following DeFi Protocol: Trader Joe operating the following market: https://traderjoexyz.com/

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocol: deposit the Virtual Assets to the sJOE Staking pool https://traderjoexyz.com/avalanche/stake/sjoe.

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for JOE Flexible is: 40 JOE.

4. Reward Type

The Yield will be compounded and paid out in JOE.

5. Activation Period

6. Redemption Period

Section 4 - ETH Lido

ETHDEFI7

The present Section 4 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “ETH” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 4, “Virtual Asset(s)” shall mean ETH only.

1. DeFi Protocols

SwissBorg will transfer the Virtual Assets ETH to a Smart Contract deployed on the following DeFi Protocol: Lido Finance operating the following market: https://stake.lido.fi/

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocol:

Stake the transferred Virtual Assets on Lido Finance and receive the IOU Token stETH

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the ETH Lido Liquid Staking Strategy is: 0.007 ETH

4. Reward Type

The Yield will be compounded and paid out in ETH.The Yield will be compounded on a daily basis.

5. Activation Period

7. Vesting Period The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”). The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to ETH Lido Liquid Staking, such transfer is not subject to the Vesting Period determined by the Network Protocol. However, as the Company is using the services of a third-party Validator, the User understands that there is a risk that the Vesting Period might anyway apply in the event where such Validator would not be able to redeem the Virtual Assets before the end of the Vesting Period. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

The User understands that such events may result in a permanent loss of all or part of his/her Virtual Assets. The Company is not responsible for any loss or damage incurred by the User as a result of the occurrence of any such event.

Section 5 - ETH EigenLayer

ETHDEFI6

ETHDEFI8

The present Section 5 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “ETH” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 5, “Virtual Asset(s)” shall mean ETH only. The ETH EigenLayer Strategy is available only to Users who can access it through the SwissBorg App.

1. DeFi Protocols

SwissBorg will transfer the Virtual Assets ETH to a Smart Contract deployed in the following DeFi Protocols: Lido Finance operating the following market: https://stake.lido.fi/ and EigenLayer operating the following market: https://app.eigenlayer.xyz/

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocols:

Stake the transferred Virtual Assets on Lido Finance and receive the IOU Token stETH;
Deposit stETH to EigenLayer;
Restake stETH, pro rata, to one of more restaking service providers using EigenLayer, vetted by the Company on a best execution basis.

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the ETH EigenLayer Strategy is: 0.007 ETH The maximum Earn Wallet balance is based on the User’s Premium tier (as defined in the SwissBorg App Terms of Use) and displayed in the SwissBorg App. The maximum Earn Wallet balance is merely an indication of a User’s individual maximum possible investment in the Strategy and does not reflect the limitations that could result from a large demand of Subscriptions to the Strategy. The Company therefore does not guarantee that the User will be able to reach his/her maximum Earn Wallet balance.

4. Reward Type

The Yield will be compounded and paid out in ETH.

5. Activation Period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to the ETH EigenLayer Strategy, an activation period determined by the Company (the “Activation Period”) will take place, during which the User can Subscribe additional Virtual Assets to the Strategy but during which Operations are not implemented yet, meaning that the Virtual Assets transferred do not generate Yield and cannot be Unsubscribed.

The User understands that he/she will start earning Yield as from the end of Activation Period.

6. Redemption Period

The User understands that the Virtual Assets subscribed to the Earn Wallet Service together with the generated Yield will automatically be transferred back to the User’s Virtual Asset Wallet at the end of the Lockup Period, as defined below.

7. Lockup Period

The User understands that once the Activation Period is over, a lock-up period determined by the Company (the “Lockup Period”) takes place, during which the Virtual Assets generate Yield but during which the User is not able to Unsubscribe the Virtual Assets. Additionally, no new Subscription is possible once the Lock Period has started.

Once the Lockup Period is expired, the User understands that the Virtual Assets will be automatically transferred back to the User’s Virtual Asset Wallet at expiration of the Lockup Period.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 6 - BNB Stader Labs

BNBDEFI3

The present Section 6 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “BNB” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 6, “Virtual Asset(s)” shall mean BNB only.

1. DeFi Protocols

SwissBorg will transfer the Virtual Assets BNB to a Smart Contract deployed on the following DeFi Protocol: Stader Labs operating the following market: https://www.staderlabs.com/bnb/stake/

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocol:

Stake the transferred Virtual Assets on Stader Labs and receive the IOU Token BNBx

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the BNB Stader Labs Strategy II is: 0.034 BNB

4. Reward Type

The Yield will be compounded and paid out in BNB.The Yield will be compounded on a daily basis.

5. Activation Period

In the event a User transfers Virtual Assets to BNB Stader Labs, such transfer is not subject to the Vesting Period determined by the Network Protocol. However, as the Company is using the services of a third-party Validator, the User understands that there is a risk that the Vesting Period might anyway apply in the event where such Validator would not be able to redeem the Virtual Assets before the end of the Vesting Period. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 7 - DAI Flexible

DAIDEFI1

The present Section 7 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “DAI” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 7, “Virtual Asset(s)” shall mean DAI only.

1. DeFi Protocols

SwissBorg will transfer the Virtual Assets DAI to a Smart Contract deployed on the following DeFi Protocol: MakerDAO through Summer.fi operating the following market: https://summer.fi/

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocol:

Stake the transferred Virtual Assets on MakerDAO sDAI contract

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the DAI Flexible is: 10 DAI

4. Reward Type

The Yield will be compounded and paid out in DAI. The Yield will be compounded on a daily basis.

5. Activation Period

Section 8 - AVAX GoGoPool

AVAXDEFI1

The present Section 8 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “AVAX” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 8, “Virtual Asset(s)” shall mean AVAX only.

1. DeFi Protocols

SwissBorg will transfer the Virtual Assets AVAX to a Smart Contract deployed on the following DeFi Protocol: GoGoPool operating the following market: https://app.gogopool.com/liquid-staking/

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocol:

Stake the transferred Virtual Assets on GoGoPool and receive the IOU Token ggAVAX

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the AVAX GoGoPool is: 1 AVAX

4. Reward Type

The Yield will be compounded and paid out in AVAX. The Yield will be compounded on a daily basis.

5. Activation Period

7. Vesting Period The User understands that when, at the User’s request, the Company transfers Virtual Assets to the Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”). The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to AVAX GoGoPool, such transfer is not subject to the Vesting Period determined by the Protocol. However, as the Company is using the services of a third-party Validator, the User understands that there is a risk that the Vesting Period might anyway apply in the event where such Validator would not be able to redeem the Virtual Assets before the end of the Vesting Period. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Protocol.

Section 9 - ETH EigenLayer II

ETHDEFI10

The present Section 9 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “ETH” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 9, “Virtual Asset(s)” shall mean ETH only. The ETH EigenLayer Strategy II is available only to Users who can access it through the SwissBorg App.

1. DeFi Protocols

SwissBorg will transfer the Virtual Assets ETH to a Smart Contract deployed in the following DeFi Protocols: Stader Labs operating the following market: https://www.staderlabs.com/eth/stake/ and EigenLayer operating the following market: https://app.eigenlayer.xyz/

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocols:

Stake the transferred Virtual Assets on Stader Labs and receive the IOU Token ETHx;
Deposit ETHx to EigenLayer;
Restake ETHx, pro rata, to one of more Actively Validated Services (AVS) using EigenLayer, vetted by the Company on a best execution basis.

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the ETH EigenLayer Strategy II is: 0.007 ETH The maximum Earn Wallet balance is based on the User’s Premium tier (as defined in the SwissBorg App Terms of Use) and displayed in the SwissBorg App. The maximum Earn Wallet balance is merely an indication of a User’s individual maximum possible investment in the Strategy and does not reflect the limitations that could result from a large demand of Subscriptions to the Strategy. The Company therefore does not guarantee that the User will be able to reach his/her maximum Earn Wallet balance.

4. Reward Type

The Yield will be compounded and paid out in ETH.

5. Activation Period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to the ETH EigenLayer Strategy II, an activation period determined by the Company (the “Activation Period”) will take place, during which the User can Subscribe additional Virtual Assets to the Strategy but during which Operations are not implemented yet, meaning that the Virtual Assets transferred do not generate Yield and cannot be Unsubscribed.

The User understands that he/she will start earning Yield as from the end of Activation Period.

6. Redemption Period

7. Lockup Period

Once the Lockup Period is expired, the User understands that the Virtual Assets will be automatically transferred back to the User’s Virtual Asset Wallet at expiration of the Lockup Period.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 10 - USDC Upshift Lending

(not available to residents of the United Kingdom)

The present Section 10 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “USDC” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 10, “Virtual Asset(s)” shall mean USDC only.

1. DeFi Platform

SwissBorg will transfer the Virtual Asset USDC to the following DeFi Platform in order to implement the USDC August Lending Strategy: USDC Upshift Lending at https://www.upshift.finance/. Through August, USDC will be transferred to a third-party borrower (the “Borrower”).

2. Actions performed by the Borrower

The Borrower will, before the start of the strategy, deploy assets as collateral (“Collateral”) for the USDC borrowed, with a Loan-To-Value (“LTV”) under 100%, making the loan over-collateralized. Upon deploying the Collateral, the Borrower will have access to and use the USDC at their discretion.

3. Operations performed by the Strategy

The USDC August Lending Strategy will involve the following operations:

Transfering USDC to August smart contract to be used as described in paragraph 2 above;
Collecting and allocating Yield, if any.

August technological infrastructure will ensure that the LTV is maintained at all times. If the LTV falls below the maximum of 100%, the threshold at any given time, the Collateral will start to be liquidated automatically in the open market, ensuring that the principal amount of USDC transferred pursuant to this Strategy is fully covered at all time.

4. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the USDC August Lending Strategy is 100 USDC.

The maximum balance for the USDC Uplift Lending Strategy will be based on the SwissBorg internal risk model and can vary between users. The maximum Earn Wallet balance is merely an indication of a User’s individual maximum possible investment in the Strategy and does not reflect the limitations that could result from a large demand of Subscriptions to the Strategy. The Company therefore does not guarantee that the User will be able to reach his/her maximum Earn Wallet balance.

5. Reward Type

The Yield will be compounded and paid out in USDC. 6. Activation Period The User understands that when, at the User’s request, the Company transfers Virtual Assets to the USDC August Lending Strategy, an activation period determined by the Company (the “Activation Period”) will take place, during which the User can Subscribe Virtual Assets to the Strategy but during which operations are not implemented yet, meaning that the Virtual Assets transferred do not generate Yield and cannot be Unsubscribed.

The User understands that he/she will start earning Yield as from the end of the Activation Period.

7. Redemption Period

8. Vesting Period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to the DeFi Platform, a warm-up period determined by the DeFi Platform (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period has expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the DeFi platform (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”). The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

9. Specific risks

Users understand that there are risks inherent and specific to the USDC August Lending Strategy, including but not limited to:

The inherent risks associated with the Collateral posted by the Borrower. Therefore any smart contract exploit of protocol emitting the collateral tokens (technology risk) could lead to a sudden price drop causing the liquidation to fail (liquidation risk).

Section 11 - USDC Morpho Lending (not available to residents of the United Kingdom)

The present Section 11 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “USDC” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 11, “Virtual Asset(s)” shall mean USDC only.

1. DeFi Platform

SwissBorg will transfer the Virtual Asset USDC to the following DeFi Platform in order to implement the USDC Morpho Lending Strategy: USDC Morpho at https://morpho.org/. Through Morpho, USDC will be transferred to a third-party borrower (the “Borrower”).

2. Actions performed by the Borrower

The Borrower will deploy collateral (“Collateral”) for the USDC borrowed, with a Liquidation-Loan-To-Value (“LLTV”) defined by the available lending markets as at date on which the Virtual Assets are disbursed to the Borrower (“Markets”). Upon deploying the Collateral, the Borrower will have access to and use the USDC at their discretion.

3. Markets and Risk Curation

The strategy uses the following Markets:

Collateral wstETH – LLTV 86%
Collateral wBTC – LLTV 86%

The Markets may be updated in case new opportunities or risks are announced by our risk curator Gauntlet (the “Risk Curator”). The Company shall notify you in advance of such updates. The allocation between Markets is dynamic and defined by our Risk Curator - Gauntlet (https://www.gauntlet.xyz/).

4. Operations performed by the Strategy

The USDC Morpho Lending Strategy will perform the following Operations:

Transfer USDC to Morpho smart contract to be used as described in paragraphs 2 and 3 above;

4. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the USDC Morpho Lending Strategy is 100 USDC.

The maximum Earn Wallet balance authorized to subscribe to the Earn Wallet Service for the USDC Morpho Lending Strategy is 10’000 USDC for the public and 50’000 USDC for Pegasus members. The maximum Earn Wallet balance is merely an indication of a User’s individual maximum possible investment in the Strategy and does not reflect the limitations that could result from a large demand of Subscriptions to the Strategy. The Company therefore does not guarantee that the User will be able to reach his/her maximum Earn Wallet balance.

5. Reward Type

The Yield will be compounded and paid out in USDC. 6. Activation Period The User understands that when, at the User’s request, the Company transfers Virtual Assets to the USDC Morpho Lending Strategy, an activation period determined by the Company (the “Activation Period”) will take place, during which the User can Subscribe Virtual Assets to the Strategy but during which Operations are not implemented yet, meaning that the Virtual Assets transferred do not generate Yield and cannot be Unsubscribed.

The User understands that he/she will start earning Yield as from the end of the Activation Period.

7. Redemption Period

8. Vesting Period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to the DeFi Platform, a warm-up period determined by the DeFi Platform (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period has expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the DeFi platform (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 6. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

9. Specific risks

Users understand that there are risks inherent and specific to the USDC Morpho Lending Strategy, including but not limited to:

The inherent risks associated with the Collateral posted by the Borrower, which represents
- the (wrapped) Lido version of liquid-staked ETH, where liquid-staking is effectively implemented on Lido. Therefore any smart contract exploit could lead to a sudden price drop causing the liquidation to fail (liquidation risk)
- the Bitgo version of Bitcoin BTC, where custody is effectively implemented on Bitgo. Therefore any smart contract exploit (smart contract risk) or custody exploit (counter-party risk) could lead to a sudden price drop causing the liquidation to fail (liquidation risk).
Smart contract risks on the Morpho protocol (e.g. the existence of a bug whereby an attacker manages to borrow money without posting any Collateral, or any bug that allows the attacker to take control of the deposited funds);
Liquidation risks: In the event of quick market moves and thin liquidity in the Collateral markets, the liquidation of a position could incur and not all funds may be recovered;;
Operational risk: The Risk Curator could fail in its duty as the vault’s curator and not properly act when it is expected to do so (e.g. in reducing the exposure to a Morpho market).

Section 12 - XBG Staking

The present Section 12 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “XBG” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 12, “Virtual Asset(s)” shall mean XBG only.

1. DeFi Protocols

SwissBorg will not interact with any smart contracts for this strategy,

2. Operations performed by the Strategy

The XBG Staking Strategy will perform the following Operations:

Bridge XBG to the Arbitrum chain.
Pledge tokens to the XBG Season 2 program with an off-chain signature.

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the XBG Staking Strategy is 200 XBG.

4. Reward Type

The Yield will be compounded and paid out in XBG. 5. Activation Period The User understands that when, at the User’s request, the Company transfers Virtual Assets to the XBG Staking Strategy, an activation period determined by the Company (the “Activation Period”) will take place, during which the User can Subscribe Virtual Assets to the Strategy but during which Operations are not implemented yet, meaning that the Virtual Assets transferred do not generate Yield and cannot be Unsubscribed.

The User understands that he/she will start earning Yield as from the end of the Activation Period.

6. Redemption Period

7. Vesting Period

Once the Lockup Period is expired, the User understands that the Virtual Assets will be automatically transferred back to the User’s Virtual Asset Wallet at expiration of the Lockup Period.

8. Specific risks

Users understand that there are risks inherent and specific to the XBG Staking Strategy, including but not limited to:

The risk that the bridge experiences a hack, bug or any other event with similar effects. Such an event may cause the bridge to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.

Section 13 - XBG Staking

The present Section 13 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “XBG” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 13, “Virtual Asset(s)” shall mean XBG only.

1. DeFi Protocols

SwissBorg will not interact with any smart contracts for this strategy,

2. Operations performed by the Strategy

The XBG Staking Strategy will perform the following Operations:

Bridge XBG to the Arbitrum chain.
Pledge tokens to the XBG Season 3 program with an off-chain signature.

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the XBG Staking Strategy is 200 XBG.

4. Reward Type

The User understands that he/she will start earning Yield as from the end of the Activation Period.

6. Redemption Period

7. Vesting Period

Once the Lockup Period is expired, the User understands that the Virtual Assets will be automatically transferred back to the User’s Virtual Asset Wallet at expiration of the Lockup Period.

8. Specific risks

Users understand that there are risks inherent and specific to the USDC August Lending Strategy, including but not limited to:

The risk that the bridge experiences a hack, bug or any other event with similar effects. Such an event may cause the bridge to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.

Section 14 - VCHF/VEUR VNX

The present Section 14 applies only to the provision of the Earn Wallet Service in connection with the Virtual Assets “VCHF” or “VEUR” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 14, “Virtual Asset(s)” shall mean VCHF or VEUR.

1. DeFi Protocols

SwissBorg will interact with the following DeFi Platform to implement the VCHF/VEUR VNX Strategy:

VNX Community at https://vnx.community/

2. Operations performed

The Smart Contracts, toward which SwissBorg will interact, will perform the following Operations:

Hold VCHF or VEUR

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the VCHF VNX/VEUR Strategy is, respectively 10 VCHF or 10 VEUR.

4. Reward Type

No yield will be paid on this strategy and there is no guarantee of rewards. This strategy will collect points that are non-monetary rewards and could, if possible, convert them into monetary rewards in the future to be distributed to the user. 5. Activation Period

The User understands that he/she will start earning Yield from the beginning of a new Cut-Off period. If the User subscribes Virtual Assets to the Earn Wallet Service after the beginning of a Cut-Off period, Yield will only be generated from the next Cut-Off period. The time between two Cut-Off periods is 24 hours.

6. Redemption Period

The User understands that he/she can instruct SwissBorg to transfer the Virtual Assets subscribed to the Earn Wallet Service back to the User’s Virtual Asset Wallet at any time. Up to 24 hours after the User’s action of Unsubscription, a new Cut-Off period will apply, following which the applicable Cool-down Period (as defined below) as displayed in the SwissBorg App will start.

The User understands and agrees that the Cool-down Period is determined based on technical metrics and that the number of days of the Cool-down Period may vary according to these metrics. As a consequence, the Cool-down Period displayed in the SwissBorg App is merely indicative and might be subject to changes due to the underlying Protocol. The Company has no control over the calculation of the Cool-down Period. The User understands and agrees that his/her Virtual Assets will be transferred back to his/her Virtual Asset Wallet only once the Cool-down Period has expired, including when such Cool-down Period is greater than the amount displayed on the SwissBorg App.

7. Specific risks

Users understand that there are risks inherent to Farming Points on a protocol.

Section 15 - ETH Hyperloop

The present Section 15 applies only to the provision of the Earn Wallet Service in connection with the Virtual Asset “ETH” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 15, “Virtual Asset(s)” shall mean ETH only.

1. DeFi Protocols

SwissBorg will transfer the Virtual Asset ETH to the following DeFi Platform in order to implement the ETH Hyperloop Strategy:

Stader at https://www.staderlabs.com/eth/stake/
Enzyme at https://enzyme.finance/

2. Operations performed by the Smart Contract

The Smart Contracts, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocol:

Stake the transferred Virtual Assets on Stader and receive the IOU Token ETHx
Stake the received IOU Token ETHx on Enzyme and receive the IOU Token ETHXLOOP.

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the ETH Hyperloop Strategy is 0.007 ETH.

4. Reward Type

The Yield will be compounded and paid out in ETH. 5. Activation Period

6. Redemption Period

The User understands and agrees that the Cool-down Period is determined based on technical metrics (notably, the amount of blocks, and the EigenLayer unstake period) and that the number of days of the Cool-down Period may vary according to these metrics. As a consequence, the Cool-down Period displayed in the SwissBorg App is merely indicative and might be subject to changes due to the underlying Protocol. The Company has no control over the calculation of the Cool-down Period. The User understands and agrees that his/her Virtual Assets will be transferred back to his/her Virtual Asset Wallet only once the Cool-down Period has expired, including when such Cool-down Period is greater than the amount displayed on the SwissBorg App.

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period has expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 7. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to ETH Hyperloop, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Leveraged Staking Virtual Assets, including but not limited to:

Technology risk, stemming from the protocols used in the strategy;
Yield risk, given by the difference between the staking and the borrowing yield;
Complexity risk, since leverage is involved;
Liquidation risk, in case the price of ETHx decreases compared to that of ETH;
ETH liquidity risk, since this strategy comes with a seven (7) day cooldown.

Section 16 - PAXG Morpho

The present Section 16 applies only to the provision of the Earn Wallet Service in connection with the Virtual Asset “PAXG” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 16, “Virtual Asset(s)” shall mean PAXG only.

1. DeFi Platform

SwissBorg will transfer the Virtual Asset PAXG to the following DeFi Platform in order to implement the PAXG Morpho Strategy: PAXG Morpho at https://app.morpho.org/. Through Morpho, PAXG will be transferred to a third-party borrower (the “Borrower”).

2. Actions performed by the Borrower

The Borrower will, before the start of the Strategy, deploy assets as collateral (“Collateral”) for the PAXG borrowed, with a Loan-To-Value (“LTV”) under 100% making the loan over-collateralized. Upon deploying the Collateral, the Borrower will have access to and use the PAXG at their discretion.

3. Operations performed by the Strategy

The PAXG Morpho Strategy will perform the following Operations:

Transfer PAXG to Morpho smart contract to be used as described in paragraph 2 above;

Morpho is responsible for maintaining the LTV below 100% at any given time by liquidating the Borrower’s collateral on the open market.

4. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the PAXG Morpho Strategy is 0.02 PAXG.

The maximum Earn Wallet balance authorized to subscribe to the Earn Wallet Service for the PAXG Morpho Strategy is based on the SwissBorg Internal risk model and can vary between users. The maximum Earn Wallet balance merely indicates a User’s maximum possible investment in the Strategy. It does not reflect the limitations that could result from a large demand of Subscriptions to the Strategy. The Company therefore does not guarantee that the User will be able to reach his/her maximum Earn Wallet balance.

5. Reward Type

The Yield will be compounded and paid out in PAXG. 6. Activation Period The User understands that when, at the User’s request, the Company transfers Virtual Assets to the PAXG Morpho Strategy, an activation period determined by the Company (the “Activation Period”) will take place, during which the User can Subscribe Virtual Assets to the Strategy but during which Operations are not implemented yet, meaning that the Virtual Assets transferred do not generate Yield and cannot be Unsubscribed.

The User understands that he/she will start earning Yield as from the end of the Activation Period.

7. Redemption Period

8. Vesting Period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to the DeFi Platform, a warm-up period determined by the DeFi Platform (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period has expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the DeFi platform (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 6. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

9. Specific risks

Users understand that there are risks inherent and specific to the PAXG Morpho Strategy, including but not limited to:

The inherent risks associated with the Collateral posted by the Borrower. Therefore any smart contract exploit of protocol emitting the collateral tokens (technology risk) could lead to a sudden price drop causing the liquidation to fail (liquidation risk).
the risk that the Protocol experiences a hack, bug or any other event with similar effects. Such an event may cause the Protocol to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.

Annex 2 : Staking

The present annex describes the characteristics of the Network Protocols interfaced with an Earn Wallet Service. Each Virtual Asset shall have a specific Staking process applicable to it as described below.

Section 1 - ADA Flexible

ADACEFI1

The present Section 1 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “ADA” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 1, “Virtual Asset(s)” shall mean ADA only.

1. Network Protocol and Validator

In order to provide the Earn Wallet Service for ADA, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Cardano Blockchain.

The Validator is owned by the following CeFi Platform: Kiln.

2. Actions performed by the Validator The bonding of the Virtual Assets will result in locking such Virtual Assets. The locked Virtual Assets will contribute to nominating validator nodes run by the Validator in order to contribute to the functioning of the Cardano Blockchain.

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for ADA Flexible is: 22 ADA.

4. Reward Type

The Yield will be compounded and paid out in ADA.The Yield will be compounded on a daily basis.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”). The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to ADA Flexible, such transfer is not subject to the Vesting Period determined by the Network Protocol. However, as the Company is using the services of a third-party Validator, the User understands that there is a risk that the Vesting Period might anyway apply in the event where such Validator would not be able to redeem the Virtual Assets before the end of the Vesting Period. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 2 - SOL Flexible

SOLCEFI1

The present Section 2 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “SOL” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 2, “Virtual Asset(s)” shall mean SOL only.

1. Network Protocol and Validator

In order to provide the Earn Wallet Service for SOL, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Solana Blockchain.

The Validator is owned by the following CeFi Platform: Kiln.

2. Actions performed by the Validator

The bonding of the Virtual Assets will result in locking such Virtual Assets. The locked Virtual Assets will contribute to nominating validator nodes run by the Validator in order to contribute to the functioning of the Solana Blockchain.

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for SOL Flexible is: 0.3 SOL.

4. Reward Type

The Yield will be compounded and paid out in SOL.The Yield will be compounded on a daily basis.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”). The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to SOL Flexible, such transfer is not subject to the Vesting Period determined by the Network Protocol. However, as the Company is using the services of a third-party Validator, the User understands that there is a risk that the Vesting Period might anyway apply in the event where such Validator would not be able to redeem the Virtual Assets before the end of the Vesting Period. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 3 - ATOM Flexible

ATOMCEFI1

The present Section 3 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “ATOM” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 3, “Virtual Asset(s)” shall mean ATOM only.

1. Network Protocol and Validator

In order to provide the Earn Wallet Service for ATOM, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Cosmos Hub Blockchain.

The Validator is owned by the following CeFi Platform: Kiln.

2. Actions performed by the Validator

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for ATOM Flexible is: 0.8 ATOM.

4. Reward Type

The Yield will be compounded and paid out in ATOM.The Yield will be compounded on a daily basis.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”). The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to ATOM Flexible, such transfer is not subject to the Vesting Period determined by the Network Protocol. However, as the Company is using the services of a third-party Validator, the User understands that there is a risk that the Vesting Period might anyway apply in the event where such Validator would not be able to redeem the Virtual Assets before the end of the Vesting Period. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet. 8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 4 - GRT Flexible

GRTCEFI1

The present Section 4 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “GRT” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 4, “Virtual Asset(s)” shall mean GRT only.

1. Network Protocol and Validator

In order to provide the Earn Wallet Service for GRT, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to The Graph Blockchain.

The Validator is owned by the following CeFi Platform: Kiln.

2. Actions performed by the Validator

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for GRT Flexible is: 150 GRT.

4. Reward Type

The Yield will be compounded and paid out in GRT. The Yield will be compounded on a daily basis.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”). The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to GRT Flexible, such transfer is not subject to the Vesting Period determined by the Network Protocol. However, as the Company is using the services of a third-party Validator, the User understands that there is a risk that the Vesting Period might anyway apply in the event where such Validator would not be able to redeem the Virtual Assets before the end of the Vesting Period. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 5 - MATIC Staking

MATICDEFI6

The present Section 5 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “MATIC” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 5, “Virtual Asset(s)” shall mean MATIC only.

1. Network Protocol and Validator

In order to provide the Earn Wallet Service for MATIC, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Polygon Blockchain.

The Validator is owned by the following CeFi Platform: Kiln. 2. Actions performed by the Validator

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for MATIC Staking is: 10 MATIC.

4. Reward Type

The Yield will be compounded and paid out in MATIC.The Yield will be compounded on a daily basis.

5. Activation Period

6. Redemption Period

The User understands and agrees that the Cool-down Period is determined based on technical metrics (notably, the amount of blocks) and that the number of days of the Cool-down Period may vary according to these metrics. As a consequence, the Cool-down Period displayed in the SwissBorg App is merely indicative and might be subject to changes due to the underlying Protocol. The Company has no control over the calculation of the Cool-down Period. The User understands and agrees that his/her Virtual Assets will be transferred back to his/her Virtual Asset Wallet only once the Cool-down Period has expired, including when such Cool-down Period is greater than the amount displayed on the SwissBorg App.

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 6. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to MATIC Staking, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 6 - SOL Staking

SOLDEFI1

The present Section 6 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “SOL” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 6, “Virtual Asset(s)” shall mean SOL only.

1. Network Protocol and Validator

In order to provide the Earn Wallet Service for SOL, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Solana Blockchain.

The Validator is owned by the following CeFi Platform: Kiln.

2. Actions performed by the Validator

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for SOL Staking is: 0.7 SOL.

4. Reward Type

The Yield will be compounded and paid out in SOL.The Yield will be compounded on a daily basis.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 6. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to SOL Staking, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 7 - NEAR Staking

NEARDEFI2

The present Section 7 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “NEAR” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 7, “Virtual Asset(s)” shall mean NEAR only.

1. Network Protocol and Validator

In order to provide the Earn Wallet Service for NEAR, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the NEAR Blockchain.

The Validator is owned by the following CeFi Platform: Kiln. 2. Actions performed by the Validator The bonding of the Virtual Assets will result in locking such Virtual Assets. The locked Virtual Assets will contribute to nominating validator nodes run by the Validator in order to contribute to the functioning of the NEAR Blockchain.

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for NEAR Staking is: 10 NEAR.

4. Reward Type

The Yield will be compounded and paid out in NEAR.The Yield will be compounded on a daily basis.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 6. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to NEAR Staking, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 8 - GLMR Staking

GLMRDEFI1

The present Section 8 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “GLMR” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 8, “Virtual Asset(s)” shall mean GLMR only.

1. Network Protocol and Validator

In order to provide the Earn Wallet Service for GLMR, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Moonbeam Blockchain Protocol.

The Validator will be owned by the following CeFi Platform: Moonbeam Foundation, PureStake, Bitcoin Suisse, Binance or Blockdaemon it being specified that the relevant CeFi Platform will be selected based on the main following criteria: annual percentage yield generated, and when relevant, amount of staked GLMR on the collator, collators linked to trusted third-parties.

2. Actions performed by the Validator

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for GLMR Staking is: 50 GLMR.

4. Reward Type

The Yield will be compounded and paid out in GLMR. The Yield will be compounded on a daily basis.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 6. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to GLMR Staking, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 9 - Sanctum Liquid Staking

SOLDEFI2

The present Section 9 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “SOL” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 9, “Virtual Asset(s)” shall mean SOL only.

1. DeFi Protocols

SwissBorg will transfer the Virtual Assets SOL to a Smart Contract deployed on the following DeFi Protocol: Sanctum operating the following market: https://sanctum.so

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocol:

Stake the transferred Virtual Assets on Sanctum Network and receive the IOU Token compassSOL or sbSOL (sbSOL is the default asset, compassSOL is used as a backup asset in case sbSOL is not available).

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the SOL Jito Strategy is: 1 SOL.

4. Reward Type

The Yield will be compounded and paid out in SOL. The Yield will be compounded on a daily basis.

5. Activation Period

In the event a User transfers Virtual Assets to SOL Jito, such transfer is not subject to the Vesting Period determined by the Network Protocol. However, as the Company is using the services of a third-party Validator, the User understands that there is a risk that the Vesting Period might anyway apply in the event where such Validator would not be able to redeem the Virtual Assets before the end of the Vesting Period. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 10 - ETH Staking

ETHDEFI9

The present Section 10 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “ETH” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 10, “Virtual Asset(s)” shall mean ETH only.

1. Network Protocol and Validator

In order to provide the Earn Wallet Service for ETH, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Polygon Network Protocol.

The Validator is owned by the following CeFi Platform: Kiln.

2. Actions performed by the Validator

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for ETH Staking is: 0.007 ETH .

4. Reward Type

The Yield will be compounded and paid out in ETH.The Yield will be compounded on a daily basis.

5. Activation Period

6. Redemption Period

The User understands that he/she can instruct SwissBorg to transfer the Virtual Assets subscribed to the Earn Wallet Service back to the User’s Virtual Asset Wallet at any time with additional Cooldown of 4 days. In such a case, the Unsubscription will only take place as from the beginning of a new Cut-Off period up to 24 hours after the User’s action of Unsubscription.

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”). The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to ETH Staking, such transfer is not subject to the Vesting Period determined by the Network Protocol. However, as the Company is using the services of a third-party Validator, the User understands that there is a risk that the Vesting Period might anyway apply in the event where such Validator would not be able to redeem the Virtual Assets before the end of the Vesting Period. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 11 - ATOM Staking II

ATOMDEFI1

The present Section 11 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “ATOM” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 11, “Virtual Asset(s)” shall mean ATOM only.

1. Network Protocol and Validator

In order to provide the Earn Wallet Service for ATOM, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Cosmos Hub Blockchain.

The Validator is owned by the following CeFi Platform: Kiln.

2. Actions performed by the Validator

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for ATOM Staking is: 1.1 ATOM.

4. Reward Type

The Yield will be compounded and paid out in ATOM.The Yield will be compounded on a daily basis.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period is expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”). The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to ATOM Staking, such transfer is not subject to the Vesting Period determined by the Network Protocol. However, as the Company is using the services of a third-party Validator, the User understands that there is a risk that the Vesting Period might anyway apply in the event where such Validator would not be able to redeem the Virtual Assets before the end of the Vesting Period. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator’s experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate in a fair and secure way and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 12 - ADA Staking

ADADEFI1

The present Section 12 applies only to the provision of the Earn Wallet Service in connection with the Virtual Asset “ADA” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 12, “Virtual Asset(s)” shall mean ADA only.

1. Network Protocol and Validator

To provide the Earn Wallet Service for ADA, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Cardano Blockchain.

The Validator is owned by the following CeFi Platform: Kiln.

2. Actions performed by the Validator

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for ADA Staking is 30 ADA.

4. Reward Type

The Yield will be compounded and paid out in ADA. The Yield will be compounded daily.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period has expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 6. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to ADA Staking, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate fairly and securely and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 13 - DOT Staking

DOTDEFI2

The present Section 13 applies only to the provision of the Earn Wallet Service in connection with the Virtual Asset “DOT” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 13, “Virtual Asset(s)” shall mean DOT only.

1. Network Protocol and Validator

To provide the Earn Wallet Service for DOT, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Polkadot Blockchain.

The Validator is owned by the following CeFi Platform: Kiln.

2. Actions performed by the Validator

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for DOT Staking is 3 DOT.

4. Reward Type

The Yield will be compounded and paid out in DOT. The Yield will be compounded daily.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period has expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 6. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to DOT Staking, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate fairly and securely and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 14 - TIA Staking

PI.TIADEFI1

The present Section 14 applies only to the provision of the Earn Wallet Service in connection with the Virtual Asset “TIA” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 14, “Virtual Asset(s)” shall mean TIA only.

1. Network Protocol and Validator

To provide the Earn Wallet Service for TIA, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Celestia Blockchain.

The Validator is owned by the following CeFi Platform: Kiln. 2. Actions performed by the Validator

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for TIA Staking is 1 TIA.

4. Reward Type

The Yield will be compounded and paid out in TIA. The Yield will be compounded daily.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period has expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 6. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to TIA Staking, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate fairly and securely and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 15 - ETH Restaking

The present Section 15 applies only to the provision of the Earn Wallet Service in connection with the Virtual Asset “ETH” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 15, “Virtual Asset(s)” shall mean ETH only.

1. Network Protocol, Validator and Actively Validated Service

To provide the Earn Wallet Service for ETH, the Company will transfer the Virtual Assets to a Validator who will, in turn:

Bond the Virtual Assets to the Ethereum Blockchain through the EigenLayer Protocol;
Redirect the restaked asset (via the EigenLayer protocol) to validate the Actively Validated Services (AVS) listed on https://app.eigenlayer.xyz/operator/0x1f8c8b1d78d01bcc42ebdd34fae60181bd697662

The Validator is owned by the following CeFi Platform: Kiln.

2. Actions performed by the Validator

The bonding of the Virtual Assets will result in locking such Virtual Assets. The locked Virtual Assets will contribute to nominating validator nodes run by the Validator to contribute to the functioning of the ETH Blockchain Protocol. The locked Virtual Assets will be rehypothecated using the EigenLayer restaking feature. When the Actively Validated Services become available on the Ethereum mainnet, the Validator will participate in thier security validation.

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for ETH Restaking is 0.007 ETH.

4. Reward Type

The Yield will be compounded and paid out in ETH. The Yield will be compounded daily.

5. Activation Period

6. Redemption Period

The User understands and agrees that the Cool-down Period is determined based on technical metrics (notably, the amount of blocks, and the eigenlayer unstake period) and that the number of days of the Cool-down Period may vary according to these metrics. As a consequence, the Cool-down Period displayed in the SwissBorg App is merely indicative and might be subject to changes due to the underlying Protocol. The Company has no control over the calculation of the Cool-down Period. The User understands and agrees that his/her Virtual Assets will be transferred back to his/her Virtual Asset Wallet only once the Cool-down Period has expired, including when such Cool-down Period is greater than the amount displayed on the SwissBorg App.

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period has expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 6. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to ETH Restaking, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Restaking Virtual Assets, including but not limited to:

the risk that the Validator or the EigenLayer protocol experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator or the EigenLayer protocol to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s or the Actively Validated Service’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate fairly and securely and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 16 - EIGEN Staking

The present Section 16 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “EIGEN” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 16, “Virtual Asset(s)” shall mean EIGEN only.

1. DeFi Protocols

SwissBorg will transfer the Virtual Asset EIGEN to the following DeFi Platform in order to implement the EIGEN Staking Strategy: EigenLayer at https://app.eigenlayer.xyz/.

2. Network Protocol, Validator and Actively Validated Service

To provide the Earn Wallet Service for EIGEN, the Company will transfer the Virtual Assets to a Validator who will, in turn:

Bond the Virtual Assets to the Ethereum Blockchain through the EigenLayer Protocol;
Redirect the restaked EIGEN (via the EigenLayer Protocol) to validate the Actively Validated Services (AVS) listed on https://app.eigenlayer.xyz/operator/0x1f8c8b1d78d01bcc42ebdd34fae60181bd697662

The Validator is owned by the following CeFi Platform: Kiln.

3. Actions performed by the Validator

4. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the EIGEN Staking Strategy is 3 EIGEN.

5. Reward Type

The Yield will be compounded and paid out in EIGEN. 6. Activation Period

7. Redemption Period

8. Vesting period

In the event a User transfers Virtual Assets to the EIGEN Staking Strategy, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

9. Specific risks

Users understand that there are risks inherent and specific to Restaking Virtual Assets, including but not limited to:

the risk that the Validator or the EigenLayer protocol experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator or the EigenLayer protocol to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s or the Actively Validated Service’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate fairly and securely and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 17 - SOL Kyros

The present Section 17 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “SOL” supported by the App and as displayed on SwissBorg’s website available at the following link: https://swissborg.com/supported-assets. Under this Section 17, “Virtual Asset(s)” shall mean SOL only.

1. DeFi Protocols

SwissBorg will transfer the Virtual Asset SOL to the following DeFi Platform in order to implement the SOL Kyros Strategy: Kyros at https://kyros.fi/

2. Network Protocol, Operators, and Node Consensus Networks

To provide the Earn Wallet Service for SOL, the Company will transfer the Virtual Assets to Kyros who will, in turn:

Bond the Virtual Assets to the Solana Blockchain Protocol through the Jito (Re)Staking Protocol;
Redirect the staked asset (via the Jito (Re)Staking protocol) to validate some Node Consensus Networks (NCN).

3. Actions performed by the Operators

The bonding of the Virtual Assets will result in locking such Virtual Assets. The locked Virtual Assets will contribute to nominating validator nodes run by the Operator to contribute to the functioning of the Solana Blockchain Protocol. The locked Virtual Assets will be rehypothecated using the Jito (Re)Staking feature.

Kyros makes the decisions regarding which Operators and Node Consensus Networks (NCN) they are working with.

4. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the SOL Kyros Strategy is 1 SOL.

5. Reward Type

The Yield will be compounded and paid out in SOL. 6. Activation Period

7. Redemption Period

The User understands and agrees that the Cool-down Period is determined based on technical metrics (notably, the amount of blocks, and the Kyros unstake period) and that the number of days of the Cool-down Period may vary according to these metrics. As a consequence, the Cool-down Period displayed in the SwissBorg App is merely indicative and might be subject to changes due to the underlying Protocol. The Company has no control over the calculation of the Cool-down Period. The User understands and agrees that his/her Virtual Assets will be transferred back to his/her Virtual Asset Wallet only once the Cool-down Period has expired, including when such Cool-down Period is greater than the amount displayed on the SwissBorg App.

8. Vesting period

In the event a User transfers Virtual Assets to SOL Kyros, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

9. Specific risks

Users understand that there are risks inherent and specific to Restaking Virtual Assets, including but not limited to:

the risk that the Operator or the Kyros protocol experiences a hack, bug or any other event with similar effects. Such an event may cause the Operator or the Kyros protocol to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Operator acts against the Network Protocol’s or the Node Consensus Network’s rules (the “Slashing”). The Operator may forfeit a defined portion of Staked Virtual Assets if the Operator experiences a significant downtime or if the Operator signs two blocks at the same block height or, in general, in any other case where the Operator does not operate fairly and securely and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 18 - INJ Staking

The present Section 18 applies only to the provision of the Earn Wallet Service in connection with the Virtual Asset “INJ” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 18, “Virtual Asset(s)” shall mean INJ only.

1. Network Protocol and Validator

To provide the Earn Wallet Service for INJ, the Company will transfer the Virtual Assets to a Validator who will, in turn, bond the Virtual Assets to the Injective Blockchain.

The Validator is owned by the following CeFi Platform: Kiln.

2. Actions performed by the Validator

3. Minimum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for INJ Staking is 1 INJ.

4. Reward Type

The Yield will be compounded and paid out in INJ. The Yield will be compounded daily.

5. Activation Period

6. Redemption Period

7. Vesting period

The User understands that when, at the User’s request, the Company transfers Virtual Assets to a Network Protocol, a warm-up period determined by the Protocol (the “Warm-up Period”) may take place, during which the Virtual Assets will not generate Yield and during which the User will not be able to Unsubscribe the Virtual Assets. Once the Warm-up Period has expired, the User understands that he/she can instruct the Company to transfer the Virtual Assets back to the User’s Virtual Asset Wallet at any time. In such a case, the Unsubscription will only take place after the expiration of a cool-down period determined by the Protocol (the “Cool-down Period”) after the User’s action of Unsubscribing (together with the “Warm-up Period”, the “Vesting Period”), as described in section 6. The User understands that during this Cool-down Period, no Yield will be generated on the Virtual Assets. The Vesting Period is determined by the Protocol only and the Company is not responsible for any change in the Vesting Period.

In the event a User transfers Virtual Assets to INJ Staking, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate fairly and securely and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 19 - AVAX Suzaku Restaking

The present Section 19 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “AVAX” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 19, “Virtual Asset(s)” shall mean AVAX only.

1. DeFi Protocols

SwissBorg will transfer the Virtual Assets AVAX to a Smart Contract deployed on the following DeFi Protocol: Suzaku operating the following market: https://restake.suzaku.network/restake

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocol:

Stake the transferred Virtual Assets on GoGoPool and receive the IOU Token ggAVAX
Deposit the IOU ggAVAX on Suzaku

3. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the AVAX Suzaku Restaking is: 1 AVAX

4. Reward Type

The Yield will be compounded and paid out in AVAX. The Yield will be compounded on a daily basis.

5. Activation Period The User understands that he/she will start earning Yield as from the beginning of a new Cut-Off period. If the User subscribes Virtual Assets to the Earn Wallet Service after the beginning of a Cut-Off period, Yield will only be generated from the next Cut-Off period. The time between two Cut-Off periods is 24 hours. 6. Redemption Period

In the event a User transfers Virtual Assets to AVAX Suzaku Restaking, such transfer is not subject to the Vesting Period determined by the Protocol. However, as the Company is using the services of a third-party Validator, the User understands that there is a risk that the Vesting Period might anyway apply in the event that such Validator would not be able to redeem the Virtual Assets before the end of the Vesting Period. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

8. Specific risks

Users understand that there are risks inherent and specific to Staking Virtual Assets, including but not limited to:

the risk that the Validator experiences a hack, bug or any other event with similar effects. Such an event may cause the Validator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.
the risk that the Validator acts against the Network Protocol’s or the Actively Validated Service’s rules (the “Slashing”). The Validator may forfeit a defined portion of Staked Virtual Assets if the Validator experiences a significant downtime or if the Validator signs two blocks at the same block height or, in general, in any other case where the Validator does not operate fairly and securely and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Section 20 - LPT Staking

The present Section 20 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “LPT” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 20, “Virtual Asset(s)” shall mean LPT only.

1. DeFi Protocols

SwissBorg will transfer the Virtual Assets LPT to a Smart Contract deployed on the following DeFi Protocol: Livepeer operating the following market: https://explorer.livepeer.org/

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocol:

Bridge the transferred Virtual Assets to the Arbitrum chain
Delegate the received Virtual Assets to an Orchestrator

3. Orchestrator Selection

SwissBorg will select an Orchestrator for delegation of the Virtual Assets based on the following criteria:

The Orchestrator must rank within the top 20 in terms of stake delegated.
The Orchestrator must rank within the top 50 in terms of APR.
The Orchestrator must maintain a public profile with relevant information and a website.

As of the 11th of December, 2024 ,the selected Orchestrator is as follows:

Explorer Profile: https://explorer.livepeer.org/accounts/0x525419ff5707190389bfb5c87c375d710f5fcb0e/orchestrating
Public Website: https://vires-in-numeris.org/
GitHub: https://github.com/0xVires
Twitter: https://x.com/0xVires

The User instructs SwissBorg to select an alternative within a reasonable timeframe, if the criteria laid out above are no longer fulfilled by the Orchestrator, and SwissBorg shall endeavour to notify the User of any such changes.

4. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the LPT Staking is: 2 LPT

5. Reward Type

The Yield will be compounded and paid out in LPT. The Yield will be compounded on a daily basis.

6. Activation Period

8. Vesting period

The User understands and agrees that the Cool-down Period (the “Cool-down Period”) is determined based on technical metrics and that the number of days of the Cool-down Period may vary according to these metrics. As a consequence, the Cool-down Period displayed in the SwissBorg App is merely indicative and might be subject to changes due to the underlying Protocol. The Company has no control over the calculation of the Cool-down Period. The User understands and agrees that his/her Virtual Assets will be transferred back to his/her Virtual Asset Wallet only once the Cool-down Period has expired, including when such Cool-down Period is greater than the amount displayed on the SwissBorg App.

In the event a User transfers Virtual Assets to LPT Staking, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

9. Specific risks

Users understand that there are risks inherent and specific to Delegate Virtual Assets, including but not limited to:

the risk that the Orchestrator experiences a hack, bug or any other event with similar effects. Such an event may cause the Orchestrator to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service.

Section 21 - PYTH Staking

The present Section 21 is applicable only to the provision of the Earn Wallet Service in connection with the Virtual Asset “PYTH” supported by the App and as displayed on the Company’s website, available at the following link: https://swissborg.com/supported-assets. Under this Section 21, “Virtual Asset(s)” shall mean DAI only.

1. DeFi Protocols

SwissBorg will transfer the Virtual Assets PYTH to a Smart Contract deployed on the following DeFi Protocol: Pyth Oracle Integrity Staking operating the following market: https://staking.pyth.network/

2. Operations performed by the Smart Contract

The Smart Contract, toward which SwissBorg will transfer the Virtual Assets, will perform the following Operations on the DeFi Protocol:

Delegate the received Virtual Assets to a Publisher

3. Publisher Selection

SwissBorg will select a Publisher for delegation of the Virtual Assets based on the following criteria:

The Publisher must rank within the top 30 in terms of quality ranking.
The Publisher pool must not be oversubscribed.

As of the 13rd of December, 2024, the selected Publishers is as follows:

5YXnWX6Mmd8hp7fCpAB3wQUrHt6WtjJrA5QjmBuySsDP
6GNiLfQpsKD2XXUGu5pTXrhufxdZWMFTfw5WoT9xN3G6
ANaHtYzg9kKx9JZbiivAGgqvdX5fGNrGx2HTA9fkSSWX
6fHTc4jSc2vspwAbKqjgX55n6KhbPRckiQ9ipHyWKMx6
4Y3NV1TJFPdkKSPGZJqBZXSEygLtDgFKueco8324mxfV
5gUgQX5XLjXqvQup4WRLqBdAXpx8zyxtXZkWS9qHsziD
7YQg8Tz9KHKsg7yHiAFRBsDkLoKvZbMXt7VbW44F7QM
89ijemG1TUL2kdV2RtCrhXzY5QhyKHsWqCmP5iobvLUF
AGaSHpDpyveuLyiaocNXMMFCf1LCBBynyaKMJkL8AKK4
9N3GhV8oR8rVNB4zBSFwKk8vKtyxaCD8XBKsSPSDGtkC

The User instructs SwissBorg to select an alternative within a reasonable timeframe, if the criteria laid out above are no longer fulfilled by the Publisher, and SwissBorg shall endeavour to notify the User of any such changes.

4. Minimum and maximum Subscription

The minimum Earn Wallet balance required to subscribe to the Earn Wallet Service for the PYTH Staking is: 100 PYTH

5. Reward Type

The Yield will be compounded and paid out in PYTH. The Yield will be compounded on a daily basis.

6. Activation Period The User understands that he/she will start earning Yield as from the beginning of a new Cut-Off period. If the User subscribes Virtual Assets to the Earn Wallet Service after the beginning of a Cut-Off period, Yield will only be generated as from the next Cut-Off period. The time between two Cut-Off periods is 24 hours. 7. Redemption Period

8. Vesting period

In the event a User transfers Virtual Assets to PYTH Staking, such transfer is subject to the Vesting Period determined by the Network Protocol. The User understands and agrees that the occurrence of such an event may result in a variation of his/her Virtual Assets’ value between the moment the User gives the instruction to Unsubscribe his/her Virtual Assets from the Earn Wallet Service and the moment the Virtual Assets are transferred back to his/her Virtual Asset Wallet.

9. Specific risks

Users understand that there are risks inherent and specific to Delegate Virtual Assets, including but not limited to:

the risk that the Publisher experiences a hack, bug or any other event with similar effects. Such an event may cause the Publisher to lose part or all of the Users’ Virtual Assets transferred by the User to the Earn Wallet Service
the risk that the Publisher acts against the Network Protocol’s rules (the “Slashing”). The Publisher may forfeit a defined portion of Staked Virtual Assets if the Publisher experiences a significant downtime or, in general, in any other case where the Publisher does not operate fairly and securely and does not contribute efficiently to the Network Protocol. In such cases, the Virtual Assets will be burned or redistributed to the Network Protocol.

Annex 3: Risk factors

The User assumes responsibility for any and all of the risks listed in these Earn Terms and any other risks, assumptions and decisions involved.

Risks associated with Yield

- Technological Risks. The User acknowledges that Virtual Assets using blockchain-based solutions and/or the Earn Wallet Service and/or Protocols and/or Smart Contracts and/or CeFi Platforms may involve serious technological risks, including risks of hacks. SwissBorg has no control over - and makes no representations regarding - the value of Virtual Assets transferred to Protocols and/or Smart Contracts and/or CeFi Platforms, their security, their underlying software or smart contracts, source codes and/or their networks or protocols;

- Risks associated with forking: Virtual Assets using blockchain-based solutions are subject to changes in Protocol rules, governance issues and forks may materially affect the value, function, or name of the Virtual Assets based on blockchain solutions. The User acknowledges and agrees (i) that SwissBorg is not responsible for operation of the underlying Protocols or Smart Contracts and that SwissBorg makes no guarantee of their functionality, security, or availability; and (ii) if a fork occurs with respect to a Virtual Asset, SwissBorg may temporarily suspend its availability in the Earn Wallet Service, and SwissBorg may configure or reconfigure its Services or decide not to support the forked Protocol entirely;

- Legal Risks: The regulatory status of the Virtual Assets using blockchain-based solutions and/or Earn Wallet Service is currently unsettled in some jurisdictions. It is possible that in the future, certain laws, regulations, policies or rules relating to the Virtual Assets using blockchain-based solutions or blockchain technology and/or the Earn Wallet Service and/or technology providers may directly or indirectly affect or restrict the provision of the Earn Wallet Service by SwissBorg. The most significant areas of legislation and regulation for SwissBorg refer especially, but not only, to financial laws, banking regulations, collective investment scheme regulations and/or data protection regulations; - Reputational Risks: SwissBorg’s reputation is important for its ability to market its Services and to secure new Users. SwissBorg’s success is largely attributable to its reputation as a leading and reliable provider of a broad range of products and services. Although SwissBorg closely monitors the quality of the Earn Wallet Service it gives access to, there can be no assurances that SwissBorg will be able to protect its business against damages to its reputation especially, but not only, vis-à-vis Users and potential Users. Failure to protect and build SwissBorg’s reputation or brand could have an adverse effect on SwissBorg’s business, operational results, financial condition and/or the Earn Wallet Service and the general performance of SwissBorg; - Risks of Force Majeure event: SwissBorg shall not be liable for any delay, error, interruption or failure to perform any obligation and/or execution of orders, where the delay or failure is directly or indirectly resulting from any cause beyond our control, including but not limited to; (i) act of war or threat of war; or (ii) riots, civil strife, or terrorist activity; or (iii) industrial disputes, natural or nuclear disasters; or (iv) fire, airport closures, bad weather conditions; or (v) interruption or failure of a utility service including lack of electricity or internet connectivity or (vi) the acts of any local or national government such as an imposition of economic sanctions; or (vii) cyber-terrorism, cyber-attacks, hacking, bugs; or (viii) nuclear disaster or explosion; or (ix) any epidemic or pandemic; or (x) instances where the possibility to provide the Earn Wallet Service are materially and adversely affected under the Earn Terms, even though all reasonable precautions, due care and reasonable alternative measures to avoid these instances have been taken to diminish the inability to provide such Earn Wallet Service;

- Financial Risk: Whenever there is an activity involving potential Yield, there is an inherent risk which arises from Protocols or Smart Contracts or CeFi Platforms. The following risks, without limitation, need to be highlighted and the User needs to be aware that he/she entirely bears such risks:

- Currency risk: The risk that arises from the change in price of Virtual Assets from one Virtual Asset to another Virtual Asset, particularly when there is a shortage or limited liquidity on any of the involved Virtual Asset;

- Yield risk: Changes in Yield affect the position of the User and how the value varies due to changes in Yield;

- Company risk: The risk to each party of a contract that they will not live up to its contractual obligations;

- Market risk: The risk of a User experiencing losses due to factors that affect the overall performance of the markets in which he/she is involved. This may potentially apply to stable coins losing their peg to their reference currency;

- Slippage risk: by subscribing Virtual Assets to the Earn Wallet Service, such Virtual Assets are transferred to Smart Contracts executing transactions on Protocols or to CeFi Platforms. In some cases, such transactions will result in allocating the Virtual Assets to a liquidity pool. A liquidity shortage in such liquidity pool(s), for example in case of higher volatility, might generate a difference in price between, including but not limited to, respectively the Virtual Assets and the Bridged Virtual Assets, the Virtual Assets and the IOU tokens, or the expected price at the moment of the User’s Order placement and the effective price at the Order Execution, and might result in a loss for the User;

- Economical risk: The risk that the Smart Contract or the network is exploited or controlled by some participants which execute it in a way which was not contemplated in the first place;

- Protocol risk: the risk of security breach or hacking a Protocol or a Smart Contract or a CeFi Platform leading to a rug;

- Concentration risk: The risk that, where the Smart Contract or CeFi Platform performs lending and/or borrowing operations on a Protocol, the prevalent lending/borrowing rates depend on the liquidity utilization (ratio between borrowed and deposited amounts) as well as on the concentration in the ownership of the pool liquidity (amount of addresses holding the liquidity) which could result in operations performed by large holders affecting the liquidity utilization and lending/borrowing rates;

- Liquidation risk: The risk that, where the Smart Contract or CeFi Platform performs a leveraged operation (borrowing against collateral), the Loan to Value (LTV) ratio (coverage of the loan value by the collateral value) might increase, resulting in the leveraged position to be closed and the collateral to be sold at a discounted value, generating a liquidation penalty.

The materialization of any of these risks and/or all risks mentioned in this Annex 3 can result in the suspension of the provision of the Earn Wallet Service and/or the returning of the Virtual Assets to the User’s Virtual Asset Wallet.

Risks Associated with Earn Wallet Service

- Risks associated with the Earn Wallet Service: SwissBorg does not own or control any DeFi Protocols and/or Network Protocol and/or Smart Contracts and/or CeFi Platforms interfaced with the Earn Wallet Service or underlying technology through which blockchain networks are formed and Virtual Assets are created and transacted. In general, the underlying technology for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By subscribing your Virtual Assets to the Earn Wallet Service pursuant to these Earn Terms, you understand and agree that SwissBorg is not responsible for the security and/or operation of the underlying technology of the Earn Wallet Service and that SwissBorg makes no guarantee of functionality, security, or availability of such technology and Protocols and/or CeFi Platforms and/or Virtual Assets and/or of the Earn Wallet Service;

- Technological risk related to the Earn Wallet Service: Although SwissBorg takes precautionary measures to protect against cyber threats or hack when executing User’s Orders to subscribe Virtual Assets to the Earn Wallet Service, circumstances may arise where losses or damages incur since subscribing Virtual Assets to the Earn Wallet Service implicates transferring such Virtual Assets to DeFi and/or Network Protocols and/or CeFi Platforms and Smart Contracts. DeFi Protocols, Network Protocols, CeFi Platforms and Smart Contracts may be hacked and/or controlled by hackers which may take control over Virtual Assets subscribed to the Earn Wallet Service and/or be subject to economical risks or risk of control of some badly intentioned participants to the network. If this happens, SwissBorg will not be in a position to refund all the Users;

- Lack of Insurance: There is no warranty that the Earn Wallet Service is covered by an insurance policy. SwissBorg does not make any guarantee to the User for the losses which are incurred by the User as a result of a lack of insurance coverage of the Earn Wallet Service;

- Company risk: SwissBorg does not guarantee nor secure in any way the Virtual Assets subscribed to the Earn Wallet Service. There is, therefore, an important company risk when subscribing Virtual Assets to the Earn Wallet Service;

- Creditworthiness: SwissBorg does not constantly check the creditworthiness of the Earn Wallet Service in such a way which is standardized and partly automated. It does not conduct a comprehensive audit and is not infallible. The result of SwissBorg’s evaluation of solvency has only one value indicative and cannot constitute a recommendation to make use of the Earn Wallet Service. SwissBorg excludes all liability risks of default or any other risk other than contractual risk;

- Risks related to the Agreement: The conclusion of the Agreement(s) involves risks, including, but not limited to the possibility for the User not to recover the full amount of Virtual Assets subscribed to the Earn Wallet Service. There is never a certainty of return or zero (0) risk. The Users should inform themselves in a responsible manner on their ability to assume the risks associated with the Yield activity;

- Borrowing Debt to Pay Debt: Subscribing Virtual Assets to the Earn Wallet Service may generate services in order to create credits and other kinds of debt. If that is the case, then it is crucial to realize that giving loans to clear other debt can create a problem with liquidity and/or regulatory aspects on which SwissBorg has no control whatsoever. SwissBorg does not control the regulatory compliance of Protocols and Smart Contracts and CeFi Platforms to which the Virtual Assets are transferred in order to generate a Yield before allowing Users to participate in the Earn Wallet Service.

- Counterparty Risks: When you subscribe your Virtual Assets to the Earn Wallet Service, you understand and agree that the performance will be to great extent reliant upon the performance of obligations by third parties, including, but not limited to DeFi Protocols, Network Protocols, CeFi Platforms and Smart Contracts. SwissBorg has no control over these Protocols, CeFi Platforms and Smart Contracts nor can it guarantee that the Protocols’, CeFi Platforms’ and Smart Contracts’ liabilities can be engaged in any way. You will always be assuming alone the counterparty risk when subscribing your Virtual Assets to the Earn Wallet Service. In order for you to assess Protocols’, CeFi Platforms’ and Smart Contracts’ ability to meet their obligations, you are encouraged to research about the Protocols, CeFi Platforms and Smart Contracts interfaced with the Earn Wallet Service and to reach out directly to them should you need clarifications.

- Regulatory Risks: DeFi Protocols, Network Protocols, CeFi Platforms and Smart Contracts may face important regulatory risks in the jurisdictions where they are located or in the Users’ own jurisdiction that SwissBorg does in no way evaluate nor is able to anticipate. Therefore, the User shall not hold SwissBorg liable for any regulatory enforcement(s) on the Earn Wallet Service.

- Protocol and Smart Contract risk: The risk that a technological malfunction arises in the Smart Contract and/or Protocol resulting in the loss of all or part of the User’s Virtual Assets. The User shall not hold SwissBorg liable for any loss arising from such technological malfunction.

Risks associated with the tax treatment of Virtual Assets

The tax treatment of Virtual Assets and/or Yield may be uncertain in some jurisdictions and may result in adverse tax consequences. The use of Virtual Assets and/or the Earn Wallet Service to make purchases may expose Users to tax consequences that would not have resulted had their purchases been made in a Fiat Asset. The purchase and use of Virtual Assets and/or use of the Earn Wallet Service may have adverse tax consequences including withholding tax, income taxes and tax reporting requirements. Users must seek their own tax advice.