📚Terms and Conditions of NBCGate Business (Including Privacy policy, User agreement, Terms of use)

Main Document

NBCGate Business Terms and Conditions

concepts used

Affiliates - means, with respect to a company, an entity that such company controls, is controlled by or is under common control with, or any of their respective successors in interest. For purposes of this definition, "control" means having the power, directly or indirectly, to elect or remove a majority of the members of the board of directors (or other governing body) or to direct or cause the direction of the management and policies of such party, organization or person, whether through the ownership of voting securities or otherwise;

AML/CFT - means anti-money laundering and/or countering the financing of terrorism regulation, whatever it is called;

NBCGate Account - means an account on the NBCGate portal created for you / Partner in accordance with the NBCGate Terms of Use, including a wallet / wallets in NBCGate for crediting money on payments / transactions received by your company as a result of trade operations;

NBCGate App means the NBCGate mobile application developed by NBCGate and/or its Affiliates that provides NBCGate Services to Users;

NBCGate Services - payment services provided by NBCGate that include physical and/or digital integration, payment processing and settlement, and other services and related products, services and features available on the NBCGate website or NBCGate mobile applications;

NBCGate Terms of Use - means this agreement entered into online as part of the registration process required to open an NBCGate account, available at www.NBCGate.com, and incorporated herein by reference;

NBCGate Website - means the website at www.NBCGate.com and other websites used by NBCGate as part of its services;

Intellectual Property - means any intellectual property or proprietary rights of NBCGate used in connection with or in any way related to the NBCGate Services, including (i) the Marks and all goodwill associated therewith and symbolized therein; (ii) inventions, discoveries and ideas, whether patentable or not, and all patents, registrations and applications to grant them; (iii) published and unpublished works of authorship, whether copyrighted or not (including, without limitation, databases and other compilations of information), the copyrights therein, and the registrations and applications thereof; (iv) trade secrets; (v) all moral rights in any of the foregoing (i.e., the right to claim authorship of or to object to modification of any work); and (vi) all applications, renewals and restorations of the foregoing;

Marks - means trademarks, including registered and common law trademarks, trade names, service marks, logos and domain names of the Party.

Fee Rate and/or Commission - means the fee payable by Affiliate to NBCGate for providing the Services as set forth in this Agreement;

Partner's Sites - means Partner's outlets (online and/or offline) where the sale takes place, i.e. Partner's physical stores, website and/or mobile application, including such outlets as may be added from time to time;

Point of Sale - means a website, cell phone application or other software or system that Partner uses to receive payment for goods and services sold to a customer;

Representative means an individual within Partner's organization who coordinates or supervises Partner's use of NBCGate Services and relationship with NBCGate.

Customer(s)/payer/buyer - means the Partner's customer;

Transaction - means any purchase transaction in which payments for the Partner's products and/or services provided on the Partner's Sites are made using services provided by NBCGate;

Partner - you and the company you represent, registered in NBCGate services, conducting business activities in the Czech Republic and/or the European Economic Area and acting as a Seller, Merchant, Buyer, Service Provider, Service Receiver, Employer, Lender, Borrower, Creditor, Referral, Referrer within the framework of this Agreement depending on the services rendered to the Partner.

NBCgate's services are payment solutions that enable businesses to accept, process and pay cryptocurrency payments through its suite of products.

Services provided by NBCGate, Partners and Customers: Payroll (B2B) - a service that allows you to make payroll and/ or advance payments to your employees. To do this, you need to select employees, specify the amount of salary or advance payment, click on the button, and the money will be transferred to the personal wallets of your employees/subordinates. A partner can view the history of transactions, add or dismiss an employee, set up automatic salary crediting according to the selected schedule at any time. Payment forms (B2B) is a service that allows customers to purchase goods or services on a Merchant's website, landing page or online store for cryptocurrency. Merchant uses the service by installing NBCgate payment form on their website, after which customers can make payments in Bitcoin, Ethereum and other cryptocurrencies. NBCgate Business (B2B)\ NBCgate Business Portal (hereinafter referred to as the Portal and/or NBCGate Portal)\ NBCgate Business Portal is a comfortable office for business representatives, where entrepreneurs/partners can use all our company products from one window. payment forms, payment links, billing, donations, referral program, payments and much more to optimize business. Invoicing (B2B) Invoicing from NBCgate is a service that allows Partners to issue invoices for payment, create invoices, enter the necessary information in the specified documents, edit them, in order to pay clients

such invoices with cryptocurrency by clicking a link or scanning a QR code. The partner can view the history of each invoice. All invoices are stored in one place and can be downloaded, emailed or sent to messenger at any time. NBCgate wallet is a service for managing money received on the wallet balance as a result of trading operations with crypto-assets. Retail client can store, transfer and exchange cryptocurrency, pay for purchases, purchase NBCG token. He can also access transaction history and link popular wallets to comfortably administer his crypto-savings in one place. The client can use all the functionality from anywhere in the world where there is an internet connection. Affiliate/Referral Program is a program that provides an opportunity to receive affiliate remuneration by stimulating consumer demand and attracting Customers to NBCGate services. Rules of participation in the affiliate/referral program are defined in Appendix #1 to this Agreement.

General provisions

2.1 This document (the "terms" and/or "terms of cooperation") sets forth the terms and conditions of use of NBCGate services for your NBCGate registered account/wallet ("account" and/or "wallet") and the NBCGate services and functionality provided to you, depending on the NBCGate service packages you select ("services").

2.2 These terms of cooperation together with your application for registration and creation of account/wallet in NBCGate, tariffs approved by NBCGate, privacy policy (Appendix #4) , cookie policy (Appendix #5), terms of cooperation within the framework of partnership programs approved by NBCGate (Appendix #1), etc., constitute a legal agreement (hereinafter referred to as the "Agreement") between NBCGate and Partner/You/company:

2.3 We are Czech crypto company NBCGate, licensed and registered as NBCGate s.r.o..

2.4 Our full company name is NBCGate, registered at Vlkova 532/8, Žižkov, 130 00 Prague 3 , Company ID (identification number): 116 74 458, registered in the Commercial Register kept by the Municipal Court in Prague, insert C 352704. The Agreement is effective upon your acceptance of these terms and conditions and completion of registration.

2.5 The Agreement governs how you and your authorized users (as defined below) may use your account/wallet as part of receiving the following services from NBCGate:

● Accepting cryptocurrency and then exchanging it for fiat money; ● Mass Payments; ● Employee payroll; ● Billing; ● Donuts; ● Participation in Loyalty Programs. ● Participation in Affiliate/referral programs.

2.6 You acknowledge that you are solely responsible for the acts and omissions of your authorized users managing the account. The Agreement is for an indefinite period of time, which means that it will remain in force until you or we terminate it in accordance with the provisions of these terms and conditions.

2.7 You may return to this document at any time if you have any questions about your account. These terms and conditions, the fees applicable to you and other information forming part of the agreement are available at any time on our website at www.nbcgate.com. The language of the agreement is Czech and all communications and notices will be in Czech.

Subject of the agreement

3.1 NBCGate renders services specified in this Agreement to the Partner, and the Partner accepts the rendered services and undertakes to pay for them on the terms and conditions approved in this Agreement.

3.2 NBCGate provides Partner with Services that: (a) allow customers to make payments using cryptocurrency/crypto-assets in favor of the Partner on the Partner's Sites and Points of Sale using NBCGate services with the provision of accepting cryptocurrency from customers and its subsequent conversion into fiat currency and its subsequent withdrawal to your bank accounts;

3.3 Both Parties agree to jointly promote awareness and purchase of Partner's products and/or services using NBCGate services as a payment method. To accomplish this goal, both Parties may jointly develop a marketing plan to increase awareness and utilization of both Parties' products and/or services from time to time.

3.4 For each Point of Sale, the Partner undertakes to integrate NBCGate service so that customers can pay for the Partner's products and services using NBCGate services.

3.5 NBCGate will provide Partner with certain software, such as application program interfaces ("APIs"), buttons and codes to activate web functions, and other tools to facilitate the use of the NBCGate Services.

3.6. The Partner agrees to inform the clients that he accepts cryptocurrency for payment through NBCGate by placing the NBCGate logo with the corresponding message in a visible place on the Partner's Sites and/or in the Partner's Points of Sale.

3.7 As long as this Agreement remains in force, the Partner agrees to maintain its Sites in such a way that they continue to meet the requirements approved in this Agreement.

Your account

4.1 Your account includes one or more wallets (hereinafter referred to as "wallet" and/or wallets) to which your trading transactions will be credited after conversion of the accepted cryptocurrency into fiat money. By default, your account will include a wallet in the Czech currency Czech Crown, additionally you may, depending on your chosen customer service currency, add additional wallets containing other currencies such as US Dollars and Euros.

Gaining access to an NBCGate portal account

5.1 You access and manage your account through the NBCGate Client Portal ("Portal"), the NBCGate Mobile Application ("Mobile Application") or API ("API") (collectively, "Channels").

5.2 To view the portal, you must use a personal computer (PC) or a mobile device (smartphone, tablet) with Internet access, with a standard web browser that supports generally accepted technologies and standards (it is recommended to use the most current version of the browser). The website browser must support at least 128-bit encoding, cookies (cookie policy is set out in Appendix No. 5 to this Agreement) from the client portal and Javascript must be enabled. To use the mobile application, you need to download and install it on your smartphone or tablet and accept the user agreement, the terms of the user agreement can also be found in Appendix No. 2 to this Agreement.

5.3.To register on the Partner Portal (i.e. to create a Partner Account) and use some other Services specified in the Rules, it is necessary to have an active electronic mail (e-mail) account.

5.4.NBCGate shall not be liable to the Partner for unsatisfactory operation of the Client Portal or for the Partner's inability to use the Services due to failure to comply with the above technical conditions.

Who can have an account 6.1 All companies registered in the European Economic Area may open an account provided that the following conditions are met: ● you, the company, must be represented by a person who is at least eighteen (18) years of age; and ● your transactions must comply with our operational requirements set out below.

6.2 We also reserve the right to refuse to open or maintain your account if we are not happy with the type of activity you are involved in or if your risk profile is beyond our risk appetite.

6.3 Your business must be legal and have all licenses and permits required for the relevant business. For the avoidance of doubt, the following activities are illegal in the European Economic Area: ● All drugs (including marijuana and marijuana-derived products); ● unlicensed pharmaceuticals; ● prostitution; ● child pornography; ● human trafficking; ● organ sales; ● fake; ● pyramid schemes; ● trade related to protected animals.

6.4 Your business and operations may not be located in or in any way related to any of the countries mentioned in our list of prohibited countries and in our FAQ. Neither you, your representatives nor your ultimate beneficial owners may be included on any sanctions list such as the EU, UN or OFAC sanctions lists.

6.5 Your business and operations cannot be involved in any of the following industries: ● sexual services of any kind (including escorting and adult entertainment), including their promotion; ● defense and army, arms and ammunition; ● bank guarantees, debt securities, binary options trading; ● Using deceptive marketing practices or unclear contractual terms of sale (e.g., offering a gift or goods at a cheap price to bind customers to a long-term subscription because of unclear terms); ● any business, transaction or sale in any way related to a country on the List of Prohibited Countries; ● unlicensed betting/gambling/casinos; ● unregistered charitable organizations; or ● unlicensed cryptocurrency.

Registering an account

7.1 To register an account, you must apply for registration on our website www.nbcgate.com and/or mobile application, accept these terms and conditions and complete the account registration process. By applying for an account, you warrant and promise to us that: ● the person representing you has the necessary authority, authorization and capacity to individually enter into this agreement on behalf of the Company; ● Your company and its business activities comply with all relevant laws; ● Your company has the necessary licenses, permits to do business; ● any information and documentation provided to us is true, current, truthful and correct and that you have the necessary authorizations to disclose it to us; ● you will honor your obligations under the agreement; ● you will respect the intellectual property rights of NBCGate and any third parties with respect to the products and services offered under this agreement; ● You and your company's users have read and agree to the terms of use for the NBCGate website and mobile applications set forth in Exhibit #3 to this Agreement; ● You and your company's users are familiar with and agree to the Anti-Money Laundering Policy and Know Your Customer Policy set forth in Exhibit #6 to this Agreement.

7.2 During registration, we will ask you to provide information about the company, your representatives and authorized users, including: ● your corporate status and company structure; ● the identity of your representative and evidence of the representative's authority to represent you and enter into agreements; ● information about your directors/s, other signatories, ultimate beneficial owners and authorized users; ● your purpose for using the account; ● documents confirming all of the above information.

7.3 We are required to carry out verification of the information you provided to us at the time of registration ("KYC"). In addition, we verify the identity of your representatives and authorized users and assess the risk profile of your business activities. Please note that for some businesses we may not be able to provide a full range of services due to restrictions applied by legislation or the partners we work with, which we may inform you of further.

7.4 You authorize us to carry out any necessary checks on you, your business, owners and beneficial owners so that we can evaluate your company, verify the information you have provided. If for any reason we decide, in our sole discretion, that we cannot register your company, we may refuse to establish a business relationship with you and refuse to register you. In the event that we notify you of such a decision, this agreement shall be deemed terminated with immediate effect.

7.5 By providing KYC information, you promise and warrant to us that all documents and information provided by you are genuine, current, truthful, free from any corrections or inaccuracies and that you have the necessary authorizations to disclose them to us. You acknowledge that we may at any time request additional KYC information and additional documents to support any information you have provided to us to ensure ongoing compliance with applicable laws. Your continued use of NBCGate wallets and services, access to your account by any of your authorized users is strictly contingent upon your submission to us of the requested information and documents and our verification of the relevant information/documents. We reserve the right to suspend services, including blocking account access and/or freezing any funds, and/or terminate the agreement and close your wallet/account at any time if you fail to provide us with comprehensive information and documents as requested by us.

7.6 Please note that you will need to inform us promptly of any changes in your organization, including but not limited to business type information, change of address, change of directors, change of ultimate beneficial owners or authorized users, or any other information relating to your use of the account.

7.7 The representative who completes the registration application and accepts these terms and conditions on your behalf at the time of registration will have an account with administrator rights ("Administrator"). The administrator has permission to add employees or other affiliates as account users, either with a predetermined access level or to customize the account user's permission level (we will refer to the administrator and all account users, regardless of permission level, collectively as "authorized users," as applicable), subject to our receipt and approval of KYC information for each authorized user. The predefined access levels are: ● admin, ● authorized user.

7.8 The administrator can also select which account users can authorize payment transactions.

7.9 We may, in our sole discretion, refuse to accept a new authorized user, remove an existing authorized user.

7.10. You may also remove an authorized user through the Client Portal. You are responsible for removing an authorized user or imposing restrictions on an authorized user if and when necessary, for example, if the person is no longer employed by you.

7.11. You, as an administrator, agree that all actions, and/or inactions taken by authorized users arise from your decision to allow such person to act as an authorized user, and you are responsible for each such action and/or inaction.

Your personal data

8.1 In order to provide you with an account, we collect data about you and your authorized users. NBCGate is the controller of the personal data collected under the agreement for the purpose of providing you with account access. It is important that you and your authorized users understand how we use your personal data. As a European company, we value the privacy of our customers and process and protect the personal data of our customers and their authorized users in accordance with the requirements of the General Data Protection Regulation (GDPR).

8.2 Please read our Privacy Policy which sets out full details of the personal data we collect, how we use it and how we store it. Please inform your authorized users of our data processing by referring to our Privacy Policy set out in Schedule 4 to this Agreement before sending us any of their personal data.

8.3 By entering into the Agreement, you authorize us to collect, process and store your personal data in accordance with our Privacy Policy for the purpose of providing you with an account. If you have been referred to us by a third party, we may share personal data with that third party as necessary. If you close your account, we will stop processing your personal data as we will no longer provide you with an account, but we may continue to hold your personal data in accordance with legislation such as anti-money laundering and terrorist financing prevention legislation.

8.4 As a regulated institution, we are required to protect and keep your account information secure. We will not disclose your account information to third parties outside of our trusted vendors and partners with whom we work. As an exception, we may disclose account information to a third-party service provider at your request or otherwise, only as required by Czech and/or applicable law.

How to use the account

9.1 Each authorized user may, subject to the assigned access level, manage your account and only to the extent of the rights granted to the respective account, including (depending on the account type selected): ● view balances and transaction history (we will refer to this as "account information"); ● create payment orders; ● register outlets/shops ● approve payment orders for execution; ● withdraw fiat money to bank accounts ● request an API key.

9.2 Please note that we do not automatically issue digital or paper transaction statements, however account statements can always be downloaded from the client portal.

Your wallets and transaction processing

10.1. You can collect funds to your wallets by selling goods/works/services and accepting cryptocurrency, which is converted into fiat money and credited to your wallet balance through NBCGate services and payment tools.

10.2 As a general rule, customer transactions/payments to you are immediately credited to the relevant wallet. Charges from accounts outside of NBCGate are generally also credited immediately, however, subject to any necessary checks we are required to perform, for example, due to anti-money laundering legislation or to prevent fraud, it may take some time to complete the processing/ crediting of such transactions as necessary to perform the relevant checks.

10.3 We sometimes receive requests for withdrawal and/or verification of transactions, for example from the payer's bank. You hereby expressly authorize us to return such funds in accordance with the revocation request if such funds have not yet been credited to your account.

10.4 While we endeavor to process your transactions/transactions as quickly as possible, in some cases your funds may be delayed while we receive validator confirmations from the validators of the blockchain networks on which the relevant transactions are initiated, in which case we unfortunately cannot affect the validation speed and transaction speed. Please note that such transactions will not be credited to your wallets until the validation process is complete, and the number of validators required to validate transactions may depend directly on the blockchain network on which the transaction is initiated by the payer and is determined by NBCGate in its sole discretion. Also note that the transaction will be in processing status until the required number of validators confirmations are received, and in case of failure to receive the required number of validators confirmations will be canceled in automatic mode, thus by supplying goods and/or providing services to a customer whose transaction is in processing status, you assume the risk of non-confirmation/cancellation of the transaction and guarantee NBCGate that you do not have and will not have any claims and financial requirements to NBCGate for the amount of the transaction.

10.5 You know and agree that incoming transactions using cryptocurrency cannot be canceled and as a rule these transactions are immediately executed and credited to your wallet.

Payments

11.1 By default, you can create payment orders using channels to make payments between your wallets or to accounts outside of NBCGate using channels and services provided by NBCGate. You can also create payment orders for payments in euros or other available currencies using international or local payment networks.

11.2 To create a payment order for payment, you will need to provide the following information (payments using international or local payment services may require additional information): ● the recipient's full name; ● the recipient's account information: ● summation; ● currency; ● purpose of payment. ● IBAN ● Bank card number.

Receipt of payment orders and time of their execution

12.1 You know and agree that neither a payment order nor a payment can be canceled after we receive a payment order. For payments between your wallets, we will receive the payment order as soon as the payment order is submitted and it will usually be executed immediately and credited to the selected wallet.

12.2 A payment intended for a third party may be delayed if the payment order must be evaluated by Nbcgate for compliance reasons, such as transaction monitoring requirements. We may, in our sole discretion, reject a payment order if it violates the agreement or any applicable law, or if we suspect that execution of the payment transaction would be prohibited, for example, in violation of international sanctions. On holidays established by Law No. 245\2000, payment orders may be executed with a delay of one or more business days. .

12.3 The above also applies if you create a payment order through a third party payment initiation service provider.

12.4 It is your responsibility to ensure that the authorized user creating the payment order provides the correct beneficiary details. This is important as neither payment orders nor payments can be canceled. Although we will do our best to help you recover your funds in circumstances where incorrect beneficiary account details have been provided, there is a risk that you may lose any funds sent to the wrong account.

Conversion from one currency to another

13.1. Depending on the currencies you have chosen, you will be able to convert the currency on your wallet(s), which will allow you to change the amount in one currency to another, for example, Euro to US dollar.

13.2 To create a payment order for a foreign exchange transaction, you need to provide the following information: ● summation; ● source currency ● currency to which the conversion will be made.

13.3 You may create a payment order to disburse converted funds after a currency transaction. If so, you have recognized that the currency transaction and the disbursement are two separate transactions. To disburse the exchanged funds to the payee, you need to provide the following additional information (disbursements using international payment networks may require additional information): ● the recipient's full name; ● the recipient's account information; and ● purpose of payment.

13.4. When you create a payment order and include all the necessary information, you will be provided with the valid exchange rate for the currency transaction. If you wish to accept this exchange rate, you will need to submit a payment order on the portal. We will assume that by submitting a payment order, you have given us your consent and authorized us to execute the currency transaction (including the application of the displayed real exchange rate) and, if applicable, the payment after the currency transaction in accordance with the payment order you have created. You are aware and agree that neither the payment order, currency transaction nor payment can be canceled or deleted, and it is your responsibility to ensure that the authorized user creating the payment order provides the correct data regarding the currency transaction and payment (if applicable). We also reserve the right not to execute a currency transaction due to failures, currency exchange rate spikes in the market, unforeseen events that may make the currency services unavailable, or due to technical errors.

13.5 Please refer to the tariffs on the portal for applicable currency transaction fees and currency conversion rate calculation.

13.6 If a currency transaction cannot be executed for any reason, it will be refunded to your wallet using the exchange rate at the time the refund is processed. This refund may also incur fees and charges depending on the circumstances. This may mean that the refunded transaction amounts are lower or higher than the original transaction (posting).

Rejected Transactions, Refunds and Unauthorized Usage

14.1 Nbcgate may reject any transaction such as an incoming cryptocurrency payment, card payment, payout, currency transaction made to or from your wallet if we believe it violates any applicable law, this agreement and/or any rules or regulations.

14.2 If you experience erroneous transactions made to or from your Wallet, please contact us as soon as possible, but no later than ten (10) banking days after the transaction in question. We will do our best to help you resolve any problems, but please note that we cannot guarantee the success of such measures, which may have been caused by a third party beyond our control.

14.3 In the event that money is erroneously credited to your wallet, we will contact you as soon as possible and take steps to help the sender recover such funds. This may include reversing the incorrect transaction or refunding any overpayments to your account with your consent. If you notice any incorrect wallet deposits, please contact our customer service team immediately.

Unauthorized transactions

15.1 You must contact us as soon as you learn or suspect that someone has unauthorizedly used or stolen access to your account, but no later than three (3) months from the date of the unauthorized transaction or discovery of unauthorized entry through your account. Upon your notification, we will investigate such unauthorized activity. We will refund your account unless the unauthorized transaction was not your fault and the account login was not performed by an authorized user, as a result of loss of authorization data (including, but not limited to, regular or one-time passwords, account credentials, means of communication used with Nbcgate for authentication purposes, API keys) by you or your authorized person(s); or in the event of a willful or grossly negligent breach of this agreement. In this case, the conduct of such transactions and the consequences of such transactions, including any financial loss and damage are your responsibility and are not subject to indemnification by Nbcgate.

15.2 It is also very important to notify NBCGate immediately if you suspect that an API, API key, or security or account credentials have been compromised.

Cost of services, commission fees

16.1 For each transaction on the NBCGate portal received to the Partner, Nbcgate charges a commission, the amount of which is approved on the Nbcgate website and is also available to the Partner in the Nbcgate portal at the time of authorization by the user. The commission is Nbcgate's remuneration for the relevant transaction. In the event of a revision of the fees, Nbcgate will notify the Partner at least ten (10) calendar days prior to such revision. Nbcgate's commission/remuneration from each transaction is automatically deducted from the amount of money credited by Nbcgate to the Partner's wallet.

16.2 If the Partner returns the received payment, NBCGate withholds its commission or other relevant fees specified in this Article. The amounts of commissions and fees payable to Nbcgate are calculated proportionally depending on the amount of the refund/payment. All payments and transactions made/received to and/or from an Affiliate will be converted and credited to the Affiliate's wallet in the currency of the Affiliate's choice.

16.3. Nbcgate reserves the right at any time to (i) impose a reserve in the amount of a certain percentage of the amount of each transaction in the event that Nbcgate reasonably suspects that the Partner is making prohibited and/or fraudulent transactions. whereby the percentage of the reserve will be agreed at the time of underwriting; and (ii) suspend payment in order for NBCGate to conduct additional checks (including AML/CFT). The Partner will be notified of such reservation, delay or suspension as soon as possible in writing / by email and/or by sending a notice to the Partner's personal account on the NBCGate portal.

16.4 Partner agrees not to charge additional fees or any other fees from its customers for making payments to Partner through the services provided by NBCGate as a payment method without prior written consent of NBCGate.

16.5 If one of your wallets does not have sufficient funds to cover fees or charges, Nbcgate shall be entitled to deduct such fees and charges from any of your other wallets in any available currency. In these circumstances, currency conversion may be required, which is at the Partner's expense. NBCGate may also block payments from your account, suspend or terminate your account if there are no funds available to cover any fees and/or charges.

16.6 Given the fact that the money in the Partner's wallet is held in Nbcgate's bank accounts, we reserve the right to charge you for expenses that the bank may charge us due to negative deposit rates.

16.7. Nbcgate may change the fees and charges (tariffs) set out on our page at any time. We will notify you of any changes in advance, giving you the opportunity to close your account before the new fees and charges (rates) take effect if you do not agree with them.

16.8. The Parties shall settle their tax obligations independently and at their own expense. Any payment to Partner from NBCGate may be subject to applicable tax laws, including withholdings, levies, fees, duties or similar governmental charges. Nbcgate agrees to notify Partner of the need to pay any applicable tax, and the Parties will cooperate and use commercially reasonable efforts to take advantage of any applicable double taxation treaty or agreement to mitigate their tax risks.

Safety

17.1 We use blockchain technology to encrypt data and strong solutions to authenticate Users and do our best to prevent unauthorized or fraudulent use of your accounts.

17.3 We may restrict and/or block certain Partners, Users and/or Customers with whom you may make payments if we deem it necessary to protect our customers'/Partners' accounts.

17.4 When taking steps to protect your accounts, please note that you and each authorized user are responsible for ensuring that: ● Your accounts, regular and one-time passwords, and the communications used to work with NBCGate for authentication purposes (we will refer to them as "account credentials") are kept secure and that your authorized users do not store credentials on devices used to access the NBCGate portal; ● You use a strong password that you don't use for any other account or similar that you update from time to time; ● Only your biometric data (Touch ID or Face ID) is registered on your mobile device; ● You contact us immediately if you suspect that your account (or any of its information) is accessed or otherwise used by an unauthorized third party, or if you suspect that any account credentials are compromised, used or otherwise in the possession of an unauthorized third party; ● You warrant that all information (including, but not limited to, contact information and information about your authorized users) relating to the account is current and that you notify us without undue delay of any changes; ● You always follow our policies and guidelines posted on our website regarding account security.

Changes in the contract, termination of the relationship and closing the wallet

18.1 We may update the agreement from time to time (e.g., the terms of this agreement, fees, list of services and available services, list of prohibited countries, or privacy policy). In such cases, we will provide you with advance notice by email to your administrator(s) or provide notice through the NBCGate portal.

18.2 We reserve the right to make non-material changes that do not adversely affect you without giving you prior notice of such changes. If you do not accept the changes, you must notify us before the changes take effect. Please note that we may terminate your agreement with you and block your account/wallet if you do not agree with the changes made.

18.3 You may terminate the Agreement and close your account/wallet at any time, provided that we do not need to carry out any further checks on your account.If we consider that termination may interfere with an audit\ investigation, we may freeze the account and your funds for as long as necessary to complete the investigation.

18.4 NBCGate may terminate your agreement and block your account and/or refuse to provide you with any service/service upon thirty (30) calendar days' notice. In addition, NBCGate may at any time (i) suspend your account or (ii) terminate the agreement and lock your account (or any part of it/functionality), at our sole discretion, such action by NBCGate without notice, and such suspension/lockout may last up to thirty (30) banking days, in the event that: ● You are not complying with the law or we have reason to believe that your business is not in compliance with our internal requirements or is otherwise in conflict with our company policies or strategies; ● We have good reason to suspect that you or any authorized user is acting fraudulently when using the account; ● You have not provided us with sufficient, current and truthful KYC information when requested or we have reasonable suspicion that any information provided is false, incorrect, falsified or not current; ● You are declared bankrupt or insolvent, subject to any harassment by government authorities; ● We believe you have materially breached the agreement; ● You will not cover any overdrawn amounts in your account for five (5) banking days; ● We have good reason to believe that your use of your account may damage our reputation or goodwill or harm us or our software, system or equipment; ● We are required to take action to suspend or block an account pursuant to any law, regulation, court order, or governmental order; ● We are no longer able to provide you with an account or services due to the actions of third parties; or ● Your account has been inactive, which means that a payment order or card payment has not been created or made for a period of more than three (3) months; or ● Funds have not been added to your wallets within thirty (30) days of successful authorization as a customer.

18.5 Under certain circumstances, Nbcgate may not be able to close an account due to ongoing investigations related to money coming into the wallet. In such cases, we may freeze the money in the wallet for as long as necessary to complete the investigation.

18.6 We will notify you in advance if your account is blocked. In these circumstances, we may cancel any pending payment order or payment transaction, restricting the flow of funds to the Wallet.

18.7 Unless you notify NBCGate otherwise prior to closing the Wallet, we will transfer any unclaimed funds from the Wallet to a separate account and hold such funds for at least one (1) calendar year (provided that applicable fees and commissions will be deducted from the frozen amount). This transfer of funds may require currency conversion (we will only hold such funds in Euros) and the applicable fees will be deducted from the unclaimed balance. You may contact us within one (1) calendar year from the date your account is closed and ask us to transfer unclaimed funds to you (provided that the applicable transaction fees will be deducted).

Additional legal terms and conditions

19.1 On rare occasions, NBCGate may need to make changes to account information (such as account numbers). We will notify you in advance so that you can notify your suppliers or customers of such changes. After such a change, you should refrain from using the old wallet details, as transactions may not be able to reach such a wallet.

19.2 In entering into the agreement, we grant you a limited, non-exclusive, non-exclusive, non-sublicensable, non-transferable, revocable right to use our products and services. All intellectual property in our products and services is owned by us or our licensors (e.g., our logo and design, content on our website, all software and source code, APIs and API keys, customer portal and mobile application, trademarks, know-how and data related to our products and services). You may not use Nbcgate or our licensor's name, trademarks, logos or other intellectual property.

19.3 You must not copy, reproduce, modify, reverse engineer or disassemble any of our products, services or any intellectual property rights.

19.4 Some software included in the relevant services may be offered under an open source license with other terms and conditions.

19.5 While we will do our best to ensure that the accounts, wallet, NBCGate portal and other services and facilities will operate without error or malfunction, please be advised that all services and included services are provided "as is" and we do not guarantee that they will operate without interruption or error. This is partly because we rely on certain third parties to provide services to you.

19.6 We shall be liable for damages and losses not excluded under these terms and conditions which do not exceed the total fees payable by you to us in the calendar year in which the event giving rise to our liability occurs, to the extent that such limitation of liability is permitted by law.

19.7 In addition to the above and to the extent such limitation is permitted by law, we shall not be liable: ● for any indirect, punitive or consequential damages or losses, including, but not limited to, lost profits, loss of data, loss of business, loss of goodwill and loss of reputation; ● for any damage, loss or expense in connection with our compliance with applicable laws, regulations, orders and judgments of courts or authorities or other regulatory requirements of payment systems, card payment systems or any other payment, clearing or settlement system; ● for any damage, loss or expense due to any delays, interruptions, malfunctions or inaccuracies related to the account or channels; ● for any damage, loss or expense caused by a virus, malware, phishing or other technological attack or harmful material that may infect your IT equipment or infrastructure used for your account or channels; ● for any damages, losses or expenses arising from unauthorized transactions due to your (or your authorized user's) failure to maintain your (or your authorized user's) account, API keys or any account credentials in accordance with the agreement; ● for any damage, loss or expense arising from our decision to (i) not connect you or open a wallet for you), (ii) close your account/wallet, (iii) reject a transaction or (iv) disable or suspend the API; ● for any damages, losses or expenses arising from (i) delays, errors, charges, costs or fees of third party banks or other financial institutions, (ii) a returned/canceled transaction due to currency conversion resulting in a reduced amount compared to the original transaction, (iii) you fail to provide accurate and correct payment details including currency, (iv) you fail to provide the required KYC information or provide it late, or if the KYC information you have provided is not genuine, current, true or correct, (v) the applicable currency conversion rate used by us for currency conversion, (vi) the currency conversion relating to your card, (vii) you contact us later than the time specified after noticing an error in a transaction, (viii) a returned transaction, (ix) your failure to secure your account, (x) unauthorized transactions between your wallets held with us; ● for any damages, losses or expenses that may arise from your failure to inform us of any important changes affecting you and your operations, including but not limited to changes in directors, beneficial owners and authorized users; ● for any actions or any fees charged by third parties, such as other banks, for the use of their facilities or services, or for the assessment or payment of any taxes, duties or other fees arising from the underlying transaction; or ● for any fraudulent act committed by any third party contacting you, posing as, for example, NBCGate, a known company or an acquaintance associated with you, asking you to disclose your account information, such as password, logins, etc., or to initiate a transaction. NBCGate never requests any such information or action.

19.8 If you fail to fulfill your obligations or commitments under the agreement, if any promise or warranty you have made is untrue, or if you use the account/wallet, API or our services in violation of applicable law, you will be liable for damages, losses and other expenses incurred by NBCGate including, but not limited to, legal fees.

Force Majeure

20.1. We shall not be liable for any breach or delay in performing our obligations under this agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, acts of God, war (including cyber warfare), civil or military disturbance, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic or acts of God or any cause beyond NBCGate's reasonable control (force majeure). In the event of a force majeure event, we will provide you with notice thereof and we will be excused from performing the affected obligations for so long as such force majeure event prevails.

Other

21.1 If any provision of the agreement is recognized as invalid, illegal or unenforceable, the remaining provisions of the agreement shall remain valid and binding on the Parties.

21.2. The Partner has no right to transfer his rights or obligations under the agreement to a third party, being the only party to the agreement with NBCGate. Partner shall be liable until the wallet is closed and any amounts due under the agreement are paid to NBCGate in full. NBCGate may assign its rights or obligations under the agreement to any Nbcgate group company or any third party without the prior consent of the Partner.

21.3 NBCGate shall have the right to exercise any remedy available under the Agreement at any time, even if such exercise is delayed or NBCGate has not previously exercised the remedy to which it is entitled. Czech law applies The Agreement is governed by Czech law without regard to conflict of laws principles.

21.4 All disputes that may arise on the basis of or in connection with this agreement will be settled in the judicial authorities of the Czech Republic.

Appendix No. 1 to the NBCGate Business Terms and Conditions

Rules of participation in the Affiliate/Referral Program

Agreement (General Terms and Conditions) for participation in the affiliate (referral) program

1.1 Partner and NBCGate have entered into the Partner Agreement, pursuant to which Partner accepts and agrees to be bound by these General Terms and Conditions. 1.2 The Agreement, including these General Terms and Conditions govern the partnership between Partner and NBCGate.

Subject of the agreement

2.1 On the terms and subject to the Agreement, NBCGate hereby grants Partner the non-exclusive right to promote and sell NBCGate's Services and Services, and to solicit potential customers to use the Services and Services with referral of the relevant customers to NBCGate.

2.2 Each potential customer referred to NBCGate by Partner shall:

2.2.1 comply with NBCGate's operational requirements;

2.2.2 express interest in using NBCGate Services and Services.

2.3 In order to refer a Potential Client to NBCGate, the Partner together with the Potential Client fills in the Application Form, collects the necessary supporting documentation and provides it to NBCGate and/or registers the client on the NBCGate portal. Hereinafter such client, potential client is referred to as a Referral.

2.4 NBCGate will review each Referral in accordance with NBCGate Policies and will decide in its sole discretion whether to accept or reject the relevant Referral.

2.5 NBCGate shall communicate its decision to accept or reject the Referral and inform the Affiliate of its decision.

2.6 NBCGate shall have the right to reject a Referral that concerns an existing NBCGate Client without consideration.

Commission

3.1 If a Referral referred by the Partner becomes a Client of NBCGate, the Partner is entitled to receive a Commission/reward agreed between the Parties, the amount/rate of which is determined in the Partner's personal account and/or a separate agreement of the Parties.

3.2 Commission / remuneration is calculated as a percentage of the turnover of the Referral attracted by the Partner and credited to the Partner's wallet / account on the portal NBCGate as the Referral performs trading and / or other operations using the services of NBCGate.

3.3 The Partner in his turn has the right to withdraw his remuneration to the Partner's bank account at any time, and the minimum withdrawal amount cannot be less than 100 euros.

3.4 Partner has the right to receive NBCGate's report on the accrued remuneration at any time by sending a request to NBCGate 10 days prior to receiving the report.

3.5 Affiliate acknowledges that the Fee/Commission Report and any related information is derived from information that may qualify as bank secrets, personal data and/or confidential information or relating to represented clients. Therefore, for the avoidance of doubt, the Report shall contain only anonymized and/or aggregated information applicable and appropriate in NBCGate's sole judgment to protect the rights of NBCGate's clients, including represented clients and other third parties.

3.6 Partner shall have the right to object to the report in writing with satisfactory justification within 5 business days after the date of submission of the relevant report by NBCGate. If Partner fails to exercise its objection in accordance with the Agreement or exercises its objection in an unreasonable or bad faith manner or after the deadline, NBCGate will provide additional information to resolve the objection, and NBCGate, in its sole discretion, may redact the data in the relevant report to the extent necessary to protect the rights of NBCGate's customers, including represented customers, and other third parties.

3.7 NBCGate reserves the right to establish and/or adjust, always in its sole discretion, the pricing scheme to be applied to any client's submitted commission percentage. Affiliate's right to Commission shall always apply to the prices actually charged to Referrals. NBCGate will notify Affiliate of any planned pricing adjustments at least ten days in advance.

Guarantees and obligations of partners

4.1 Partner warrants and represents that:

4.1.1 it complies and undertakes to continue to comply with all applicable laws, regulations, regulatory policies and guidelines, industry codes, rules or requirements of any regulatory body or similar requirements applicable to the Partner;

4.1.2 has the legal capacity and all (if any) necessary licenses or permits to conduct reference activities;

4.1.3 he shall not make a Referral if the Partner is aware that the Potential Client/Referral is engaged in illegal or criminal activity, including but not limited to money laundering or terrorist financing; and

4.1.4 to the extent that Partner has any ownership interest or any potential conflict of interest in respect of a Potential Client, Partner has informed the relevant Potential Client's (as applicable) board of directors or substitute body of such potential conflict of interest prior to referring such Referral (Potential Client) to NBCGate.

Responsibility

5.1 Neither Party shall be liable to the other Party for any indirect loss, damage or consequential loss, including, but not limited to, loss of profit, loss of income, loss of goodwill, loss of anticipated savings or loss or corruption of data.

5.2 NBCGate's total liability to Affiliate for any claims, costs, expenses, expenses, damages or losses under the Agreement shall be limited to the total amount of Fees/commissions paid or payable by NBCGate to Affiliate during the six (6) months immediately preceding the date the claim, cost, expense, damage or loss arose.

5.3 NBCGate shall not be responsible for reimbursing Partner for any expenses incurred by Partner in performing its obligations under the Agreement.

Reimbursement

6.1 Partner releases NBCGate from liability and indemnifies NBCGate against any third party claims, losses or damages (including, but not limited to, costs, reasonable legal fees and administrative fines, penalties, fines, judgments or compensation issued by a competent authority or court with jurisdiction) incurred by NBCGate in connection with Partner's breach of the Agreement.

Force majeure

7.1 Neither Party shall be liable for any breach or delay in performing its obligations under the Agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, war (including cyber warfare), civil or military disturbance, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic or acts of God or any cause beyond the reasonable control of the non-performing Party. The Non-Defaulting Party shall notify the other Party of such force majeure within ten (10) days after such occurrence by giving written notice to the other Party setting forth the nature of the event, its anticipated duration and any actions taken to prevent or minimize its effects.

7.2 The suspension of performance shall not be of greater magnitude or longer duration than necessary, and the nonperforming Party shall use commercially reasonable efforts to cure its inability to perform; provided, however, that if the suspension of performance continues for one hundred eighty (180) days after the date of occurrence and such failure to perform would constitute a material breach of the Agreement absent such force majeure, the nonperforming Party may terminate the Agreement in writing

Term and termination

8.1 The Agreement shall become effective on the date of Partner's application to NBCGate of his/her desire to participate in the Partner Program and shall remain in effect indefinitely until the date of termination of this Agreement by the Parties and/or Termination by NBCGate of the Partner Program and/or any part thereof. Such termination without cause shall be effective only upon expiration of the notice period provided by NBCGate to the Affiliate at least sixty (60) days prior to such termination/termination.

8.2 NBCGate shall have the right to immediately terminate the Agreement if:

8.2.1 competent authority or a change in applicable law requires termination of the Agreement;

8.2.2 a change in control occurs, including, without limitation, any merger, consolidation or acquisition of Affiliate with or into another corporation, organization or person without the prior written consent of NBCGate, shall not be unreasonably withheld, provided that the acquirer is reasonably acceptable to NBCGate;

8.2.3 Partner engages in any activity that may result in unreasonable economic consequences or damage to NBCGate's business reputation if Partner fails to take corrective action.

8.3 In the event of termination of the NBCGate Agreement in accordance with clause 8.2, the Affiliate shall forfeit any unpaid/uncollected and/or future Commission/remuneration.

8.4 Either Party shall have the right to terminate the Agreement immediately if the other Party suspends payments, goes bankrupt or otherwise may be deemed insolvent.

Confidentiality

9.1 Each Party agrees to keep Confidential Information confidential, regardless of the means of disclosure to the Party, including in written, oral, digital or any other form or medium (including any recording, copying, reproduction or analysis derived from such information). Confidential Information shall remain the property of the Disclosing Party for all purposes.

9.2 A Party may disclose Confidential Information to its Permitted Recipients only on a need-to-know basis in order to fulfill its obligations under the Agreement to the extent that the Permitted Recipient is bound by appropriate confidentiality obligations.

9.3 The Receiving Party shall be liable for any breach of this confidentiality obligation by itself or its Permitted Recipient.

9.4 A Party may, to the extent required by applicable law, disclose Confidential Information pursuant to an order or decision of a competent court or authority, provided that: (i) such Party shall, if permitted by applicable law, notify the other Party in writing of any such proposed disclosure as soon as practicable prior to such disclosure, (ii) such Confidential Information is disclosed to the minimum extent required by law, and (iii) the Party promptly requests the application of confidentiality restrictions. Notwithstanding any disclosure pursuant to this paragraph, the disclosed Confidential Information shall remain subject to this duty of confidentiality.

9.5 Each Party shall treat the other Party's Confidential Information with the same care as its own Confidential Information (not less than reasonable care).

9.6 The obligation of the Receiving Party to protect the Confidential Information shall commence on the date of disclosure of the Confidential Information to the Receiving Party and shall remain in force for five (5) years after termination of the Agreement. Confidential Information on referrals may be subject to bank secrecy, which means that such Confidential Information shall remain confidential for an unlimited period of time, even after termination of the Agreement.

Data protection and data exchange

10.1 Affiliate will share Personal Information about a referral with NBCGate, such as the name or contact information of its Representatives.

10.2 Each Party must ensure compliance with the GDPR, local legislation relating to personal data and any guidance and codes of practice issued by the relevant data protection or supervisory authority. Each Party is individually and separately responsible for its own compliance.

10.3 Each Party acknowledges that it is the separate and independent controller of any Personal Data to be processed in relation to Referrals.

10.4 If the Parties nevertheless become joint data controllers, they will cooperate in full compliance with the GDPR and in particular Article 26.

10.5 Each Party shall take appropriate technical and organizational measures to protect Personal Data. Any transfer of Personal Data from the European Economic Area to a third country shall be carried out in accordance with Chapter 5 (Article 44-50) of the GDPR.

10.6 In the event that Affiliate suffers any actual or suspected data breach (including any unauthorized access or use) with respect to Personal Data relating to Referrals, Affiliate shall promptly notify NBCGate, and the Parties shall reasonably cooperate with each other in taking such steps as may be necessary to notify affected individuals, comply with each Party's obligations under applicable privacy laws, and mitigate or eliminate the effects of such breach.

10.7 In the event of a dispute or claim brought by a Referrer or data protection authority in relation to the processing of Personal Data transferred to one or both Parties, the Parties will inform each other of any such disputes or claims and will cooperate to resolve them in a timely manner.

marketing

11.1 All intellectual property, including any associated goodwill, in NBCGate products and services belongs to NBCGate or NBCGate's licensors (e.g., the NBCGate logo and design, content on the NBCGate website, all software and source code, etc.). Affiliate may not use the name, trademarks, logos or other intellectual property of NBCGate or NBCGate's licensors.

11.2 Affiliate shall not copy, reproduce, modify, reverse engineer or disassemble any of NBCGate's products, services or any intellectual property rights.

11.3 Affiliate shall immediately notify NBCGate as soon as it becomes aware of any actual or alleged infringement of any NBCGate Intellectual Property that occurs in the course of the Agreement and shall use its best efforts to avoid, circumvent, overcome or minimize the effects of such actual or alleged infringement that may have on the provision of the Services under the Agreement.

Miscellaneous

12.1 NBCGate may unilaterally change these terms/agreement, e.g. to introduce new features. NBCGate will inform the Partner of such changes by updating the date at the top of the modified document published on the nbcgate.com website.

12.2 No failure or delay in exercising any right or remedy under the Agreement shall constitute a waiver, nor shall any single or partial exercise of any right or remedy preclude further or different exercise of any right or remedy.

12.3 NBCGate and Partner are independent Parties and are not partners or joint venturers with respect to the subject matter of the Agreement. Neither Party is an agent of the other Party and neither Party has the right to impose any obligations on the other Party with respect to third parties without the prior written consent of the other Party.

12.4 Neither Party may assign its rights or obligations under the Agreement without the consent of the other Party, but NBCGate may assign its rights and obligations under the Agreement to an NBCGate group company or in connection with a merger, stock sale, asset sale or equivalent to a third party without Partner's consent.

12.5 If any provision of the Agreement is held invalid or unenforceable in whole or in part for any reason, the remaining provisions of the Agreement shall remain in full force and effect. The Parties shall endeavor in good faith to amend such invalid or unenforceable provisions and thereby the Agreement in order to effectuate, to the extent possible, the spirit of the Agreement and to achieve the objectives intended by the Parties.

12.6 If Partner or its business covered by the Agreement is transferred or sold to a third party, Partner shall seek NBCGate's consent to such transfer or sale.

12.7 Under no circumstances shall Affiliate have the right to legally represent or act on behalf of NBCGate. Affiliate shall not make any representations, statements or commitments with respect to the Services, including but not limited to its pricing. Nothing contained herein shall be deemed to create an agency, joint venture, partnership or similar relationship between the Parties other than the contractual relationship expressly provided for herein. In all dealings with Potential Corporate Customers or Potential Vendors, Partner shall ensure that such Potential Corporate Customers or Potential Vendors are aware that Partner is acting solely in its capacity to refer Potential Corporate Customers or Potential Vendors under the terms of the Agreement and that it has no other relationship with NBCGate.

12.8 Prior to use, Affiliate shall obtain prior written consent for any marketing materials that include NBCGate's name or trademark. NBCGate shall review such marketing materials within a reasonable time, taking into account the quantity and complexity of the materials submitted.

12.9 The Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior agreements, understandings, communications, representations or warranties, whether oral or written, express or implied, by any officer, agent, employee or representative of either Party with respect thereto.

12.10 Affiliate acknowledges and agrees that NBCGate's relationship with Affiliate is not exclusive and that NBCGate may contract with as many additional Affiliates as NBCGate in NBCGate's sole discretion deems appropriate.

12.11 NBCGate acknowledges and agrees that the relationship with Affiliate is not exclusive and that Affiliate may refer clients to companies other than NBCGate.

12.12 For the avoidance of doubt, no remedy or sanction under the Agreement shall be deemed to be sole and exclusive and the Parties shall be entitled to invoke any rights and sanctions available to it under the Agreement and/or under any laws.

Appendix No. 2 to the NBCGate Business Terms and Conditions

User Agreement

§ 1. Definitions and general provisions

Capitalized terms in these Rules shall have the following meanings:

1.1. "E-mail Authorization " - an action in which the Contractor or its Representative confirms a will or a specific instruction on the Client Portal by entering a code in the special field reserved for the code(s) received from NBCGate in the form of an e-mail message ; depending on the rules established for the Contractor's representation, one or more codes must be entered to perform an Authorization by Authorization Code;

1.2. "Rules" - this document contains the rules for the operation and use of the Customer Portal;

1.3. "NBCGate" - NBCGate Czech Republic s.r.o, registered office: Vlkova 532/8, Žižkov, 130 00 Prague 3 , Company ID (identification number): 116 74 458, registered in the Commercial Register kept by the Municipal Court in Prague, insert C 352704;

1.4. "Services" - The services provided by NBCGate through the described portal . in the Rules

1.5. "Agreement" means the Agreement on acceptance of payment cards concluded between the Contractual Partner and Service Providers, on the basis of which the Service Providers provide the Contractual Partner with payment card acquiring services or other additional services, including all annexes thereto, being its integral part;

1.6. "Agreement Partner" or "Partner" means a person who accepts payment cards as a means of payment for goods and services sold to its customers and is a party to an Agreement with Service Providers.

1.7. "POS-terminal" - devices and software allowing to make payment by means of payment instruments; For the purposes of these Rules the SmartPOS Terminal shall mean the SmartPOS Terminal allowing to make payments confirmed by PIN-code issued by payment instruments, with the function of sending electronic confirmation of transaction upon request of the payment card holder.

1.8. "Customer Portal" means a website operated by NBCGate on an addressable portal that is provided to Partner in connection with the performance of the Agreement. The Customer Portal is intended primarily for Partner's contractual work in connection with the performance of the Agreement;

1.9. "Partner Account" means a set of resources, rights and data attributed to a particular Contractual Partner in the Customer Portal that enable the use of its functions;

1.10. "Representative" - an individual authorized to act on behalf of the Partner (for example, a statutory body authorized to represent the Company, a proxy or contractual agent of the Counterparty acting on the basis of a power of attorney, etc.);

The owner and administrator of the Client Portal is NBCGate.
The Client Portal is available 7 days a week, 24 hours a day, except as noted below in paragraphs 5 and 6. .
NBCGate has the right to conduct scheduled technical shutdowns of the Client Portal if it is necessary for configuration or maintenance work. NBCGate will announce technical downtime of the Client Portal in advance in the form of a notice on the Client Portal.
NBCGate has the right to temporarily restrict access to the Client Portal without prior notice in reasonable cases when necessary IT work or troubleshooting is required. Access to the Client Portal will be limited to the time necessary to correct the malfunction or perform IT work, and NBCGate will use its best efforts to complete such work as soon as possible.
In cases when the Partner's Customer, when using the Services on the Client Portal, provides his/her personal data, who does not directly fill in the consent form for collection and processing of personal data (for example, data of contact persons in the Partner's stores), the Partner undertakes to fulfill the information obligation on behalf of NBCGate in relation to collection of personal data of such Customers in accordance with the current legislation, undertaking to immediately inform these persons about processing of their personal data.

§ 2. Technical requirements, risks

To view the Client Portal, it is necessary to use a personal computer (PC) or a mobile device (smartphone, tablet) with Internet access, with a standard web browser that supports generally accepted technologies and standards (it is recommended to use the most up-to-date version of the browser). The website browser must support at least 128-bit encoding, cookies from the client portal and Javascript must be enabled.
In order to register on the Partner Portal (i.e. to create a Partner Account) and use some other Services specified in the Rules, it is necessary to have an active electronic mail (e-mail) account.
NBCGate shall not be liable to the Partner for unsatisfactory operation of the Client Portal or for the Partner's inability to use the Services due to failure to comply with the above technical conditions.
Information about personal data processing and privacy protection on the Client Portal is provided in the Privacy Policy at https://docs.nbcgate.com/dokumenty/politika-konfidencialnosti-nbcgate. The use of the Client Portal is associated with risks related to the Internet, such as the possibility of security breach of the User's device in order to illegally obtain personal data or information, the possibility of malicious software (e.g. spyware, web worms, viruses, etc.) or so-called phishing (sending fake messages pretending to be genuine in order to obtain data), obtaining data by an unauthorized person in order to use the Services on behalf of the User/Partner. NBCGATE recommends that all Contractual Partners, respectively. act with caution towards all Partners and apply appropriate measures to ensure protection (e.g. firewalls, updating software to the latest version, etc.).

§ 3. Prohibition of distribution of illegal content and other restrictions

In connection with the use of the Client Portal and the Services by the Contractual Partner, the Partner is prohibited from sharing content of an illegal nature that violates the law or ethical standards, including information that violates the personal rights or privacy of third parties.
In addition, Partner may not use the Client Portal or Services in violation of the Terms and Conditions and the Agreement and shall not use it in a manner that causes disruption to NBCGate's IT system.
The Partner is obliged to always provide up-to-date and truthful information in electronic form on the Client Portal.
NBCGate has the right to suspend the provision of Services to a Contractual Partner who violates the above paragraphs 1 - 3 §3. Suspension of the provision of Services may primarily take the form of blocking the Client's Account. Suspension of the Services shall be valid for the period necessary to clarify all circumstances.
NBCGate has the right to implement security measures in the Customer Portal against the distribution of robot-filled data, such as: CAPTCHA robots.

§ 4. E-mail authorization

E-mail -authorization will be carried out in accordance with the rules set out in this §4.
NBCGate automatically sends an authorization code to the e-mail specified by the Partner.
Partner can authorize with the code within 1 hour from the moment NBCGate sends an e-mail message with the authorization code. After expiration of the above mentioned period the code is invalid and authorization with the help of this authorization code cannot be performed.
If the code expires, the email must be re-generated using the appropriate function available on the website where the code is authorized (the "Resend" button or equivalent).

§ 5. Client Portal

The Partner undertakes to use the Website for Clients in accordance with the Agreement. The Partner may not use the Customer portal for the purposes not related to the performance of the Agreement.
All actions performed in the Account by an Introducing Broker or a person having login data for this Account are considered to be performed by the Introducing Broker.
The Partner guarantees that before accessing the Client Portal everyone has read the Rules and confirms that he/she agrees with their wording.
The Client Portal is provided to the Partner during the whole term of the Agreement.

§ 6. Logging in to your customer account

To log in to the Partner's Account on the Portal it is necessary to enter the e-mail and access password specified by the Partner during registration. After three unsuccessful attempts to enter login or password the access to the Partner's Account will be blocked. In this case to unblock the access it is necessary to use the "forgot password" option available in myAlpari.
After a Partner User Account has been inactive for 10 minutes, the Partner Account is automatically logged out for security reasons.
If the password for access to the Account is lost or disclosed to unauthorized persons, the password must be changed using the "reset/reset password" function available on the Customer Portal.

§ 7. Security regulations of the Client Portal

NBCGate stores data on the Portal in accordance with applicable law and the security policies developed at NBCGate.
For security reasons, NBCGate reserves the right to monitor all operations performed on the Portal.
The Partner undertakes to:

3.1. use the Client Portal in a manner that ensures compliance with the https://docs.nbcgate.com/dokumenty/politika-konfidencialnosti-nbcgate Privacy Policy;

3.2. properly take care of the safety of their authorization data (login, password) to the Portal.

3.3. NBCGate is not responsible for the loss of authorization data by the Partner to the Account, as well as for the consequences caused by such loss, as well as for the transfer of access data to unauthorized third parties.

§8. Complaints

All complaints about the Services listed in the Agreement may be directed to NBCGate:

1.1. by calling (phone number is listed on the NBCGate website athttps://nbcgate.com/ru/support-contacts);

1.2. by letter to the address of NBCGate's registered office specified in § 1, paragraph 1 of the Regulations;

1.3. electronically to the e-mail address [email protected].

The complaint must contain at least the identity of the individual or legal entity filing the complaint, the reason for the complaint and the content of the request. Depending on the way the grievance was filed, a response to the grievance may be provided through the following communication channels: 2.1. by telephone - if the complaint is made by telephone and the complainant has not requested any other means of providing information; 2.2. by e-mail - the response is sent to the e-mail address specified in the complaint; 2.3. in writing by mail - the response shall be sent in writing to the address of the individual or legal entity from which he/she filed the complaint.
The above complaints will be resolved immediately and a response to the complaint will be provided within 30 days from the date of receipt. In the case of complaints about rights and obligations arising from Law No 370/2017 Coll. on Payment Systems (i.e. complaints about Services provided in connection with the provision of payment services), no later than within 15 days of its receipt. In particularly complex cases, this period may be extended, but not more than 60 days from the date of receipt of the complaint.
The terms and procedure for handling grievances in matters of Contract performance shall be regulated by the Contract.

§ 9. Final provisions

NBCGate has the right to make adjustments to the Rules for serious reasons, such as, but not limited to: 1.1. the need to adapt the wording of the Rules to legislative norms or legal provisions; 1.2. the need to adapt NBCGATE's activities/operations to the recommendations, orders, judgments, decisions or rulings of an authorized governmental body or a court order regarding the Services; 1.3. Expanding or modifying the features of the Customer Portal ; 1.4. introduction of new Services, changes in the scope or nature of the Services provided; 1.5. changes in technical requirements related to the use of the Services; 1.6. change of data of the subjects specified in the Rules (e.g. addresses); 1.7. change of e-mail addresses, including links posted in the Rules;
In addition, the Contractual Partners registered on the Portal will be informed about the amendments to the Rules in the form of a message in myAlpari at least 5 working days before the amendments to the Rules come into force. The amended Rules are binding for a registered Partner who has not submitted a request to cancel his/her Client Account (termination of the Agreement by the Contractual Partner) before the effective date of the Rules change. This request may be submitted to NBCGATE in writing or electronically to [email protected].
The rules are governed by the laws and regulations of the Czech Republic.

Appendix #3 to the NBCGate Business Terms and Conditions

NBCGate website and mobile app terms of use

general provisions

By using this website www.nbcgate.com, nbcgate websites in other domains and NBCGate mobile applications (collectively, the "Website" and/or "Site"), you agree to these Terms of Use. We reserve the right to change any provision of these Terms of Use at any time in our sole discretion without notice. It is your responsibility to periodically review these Terms of Use for changes. Your continued use of the Website after changes have been posted constitutes your acceptance of those changes. If you do not agree to these terms, do not use the Website.

Ownership of the website

This Website is the property of NBCGate (the "Company" or "We"). Any downloading or any other type of copying of software or materials on the Website should not be construed as granting you any express or implied rights or licenses. Any material you upload to this Website becomes the property of the Company and may be used by the Company for all purposes not prohibited by law and may be published by the Company, including posting by an existing legal or regulatory authority having jurisdiction over the Company. The Company reserves all rights related to copyright and use of trademarks and the exercise of these rights to the fullest extent and within the limits of applicable law. The Company monitors compliance with copyright and other rights, infringement of which is punishable by law.

Services and products

An exact list of our products and services is listed on this Website, but we wish to confirm. We provide products and services to businesses and individuals. All information provided on this Site should in no way be construed by legal entities as a public offer or any agreement between a legal entity and a company operating under the NBCGate trademark. If you wish to purchase any product or receive any service from us, we must enter into a separate contract. At the same time, the information presented on this Site for individuals should be understood by individuals as a public offer, in this case the client individual agrees that the Service Agreement between him and the Company is considered concluded and becomes effective from the moment the individual performs the actions provided in the Offer posted on the Site and means Acceptance, i.e. unconditional acceptance by the individual of all terms of the Offer, Rules and Policies of the Company without any exceptions or limitations. The agreement may be entered into on behalf of the Company, but we reserve the right to enter into the agreement on behalf of another company that has the necessary licenses or permits to provide the services;

Accessing the website

This Website or any information or materials contained herein is not directed to or intended for distribution to or use by any person or entity that is a citizen, resident or located in any jurisdiction in which such distribution, use, publication or ability to access is contrary to laws or regulations, or that imposes registration or licensing requirements in such jurisdiction on the Company or any of its affiliates or otherwise affiliated persons.

Copyright

Unless otherwise stated, the materials on this Website, including (but not limited to) any graphic design, text, audio-visual and audio content, images and graphics, are the exclusive property of the Company. Unless otherwise stated, these materials may not be copied, transmitted, distributed, reproduced, sold, modified, displayed, stored for later use or used by any other means, in whole or in part in any form or by any means, without the prior written consent of the Company.

Warranty and limitation of liability

The materials on the web pages are available to the user "as is". The Company does not warrant the accuracy of the materials provided herein, directly or indirectly, for any particular purpose and expressly disclaims any warranty of fitness for a particular purpose. The Company shall not be liable for any loss or damage arising from the use of the information published on this Website by any third party. While every effort is made to ensure the accuracy of the information on the Site, the Company cannot and will not guarantee the accuracy, reliability, timeliness or completeness of any information or data provided to you for any purpose. Neither the Company nor any of its affiliates, directors, officers or employees, nor any independent agents or distributors shall be liable for any loss or damage resulting from errors or failures in the operation of this Website, or from the acts or omissions of any other person involved in creating, producing and implementing the Website, or if the data contained is not available to you, or for any other reason related to access, inability to access or use the Website and any material, n Under any circumstances or on any grounds at law or in equity, whether for breach of contract, negligence or other wrongful conduct, strict liability or any other basis, the Company shall not be liable for any consequential, incidental or punitive damages for any indirect, incidental or punitive damages in connection with the use of or inability to use this Website or any part thereof, even if the Company has been advised of the possibility of such damages. All data provided on the Site is for informational purposes only and therefore should not be construed as an offer or invitation to offer to anyone outside the jurisdiction in which such offer or invitation is prohibited, nor to whom it would be unlawful to send such offer or invitation, nor should it be construed as a recommendation to buy, sell or otherwise take any action with any particular investment. No material from this Website should be construed or interpreted as investment advice by the Company or any of its affiliates, directors, officers and employees. In any event, you are strongly advised to consult with a professional legal, financial, tax or investment advisor before making any decision to engage with the Company.

Links to third party websites

Links to Third Party Websites are provided for your convenience only. The Company has no control over the content of these Websites owned or operated by third parties. By using these links, you will leave this Website. The Company disclaims all warranties, express or implied, with respect to the content of these Websites, including the adequacy, accuracy, timeliness or completeness of the materials on them, for any particular purpose. The Company is not responsible if these Websites violate the rights of any third party, including copyrights and trademarks contain viruses or other harmful elements. The Company cannot guarantee the authenticity of documents posted on the Websites. Links to Third Party Websites do not constitute an endorsement of the opinions, ideas, products, information or services offered on such sites and, therefore, the Company is not responsible for any third party Websites.

Safety

Please note that information transmitted via e-mail is never completely confidential or secure. By sending an important and confidential unencrypted e-mail message, you assume the risks that any message or information posted on the Site may be read or intercepted by others.

Confidentiality

The Company is committed to safeguarding your personal information. The Company and its affiliates may share this personal information with each other and will not disclose it to third parties unless required by applicable law or court order. The Website visitor tracking system may also collect information about the pages you visit, how you learned about our Website, the frequency of visits, etc. The information collected is used to improve our Website and to communicate with you in any appropriate way to keep you informed about what we think you may be interested in. etc. The information collected is used to improve our Website and to contact you in any appropriate way to keep you informed of what we think may be of interest to you. We comply with the requirements of the GDPR. More information can be found in our Privacy Policy;

Inactive clients

By using the NBCGate Services, you agree that if there have been no transactions in your accounts/wallet for six (6) months, we are authorized to convert all assets available in your account/wallet to USDT and/or at the company's option to the fiat currency, the United States dollar (USD), in order to preserve the assets from exchange rate fluctuations.

Applicable law and jurisdiction

Your use of this Website constitutes your consent to the jurisdiction of the courts located in the Czech Republic over any claim relating to these Terms of Use. In the event of a dispute, you consent to the exclusive jurisdiction of the courts of the Czech Republic. If any provision of these Terms of Use is unlawful, invalid or ceases to have any effect, such provision shall be deemed severable and shall be construed in accordance with the provisions of applicable law. This provision shall not affect the validity and enforceability of any remaining provisions. We do not provide services to residents of the United States, Afghanistan, Bahamas, Barbados, Botswana, Cambodia, Democratic People's Republic of Korea (DPRK), Ghana, Iran, Iraq, Jamaica, Mauritius, Myanmar, Nicaragua, Pakistan, Panama, Syria, Trinidad and Tobago, Uganda, Vanuatu, Vanuatu, Yemen, Zimbabwe. Our Privacy Policy and the AML&KYC Policy posted on the Website are an integral part of these Terms of Use.

Appendix #4 to the NBCGate Business Terms and Conditions

NBCGATE Privacy Policy

general provisions

This Privacy Policy governs the collection, processing and use by NBCGate (the "Company" or "we", "us", "our", etc.) of your Personal Information that you provide to us when you access or use NBCGate's services on the Company's websites, including www.nbcgate.com and/or other websites including websites hosted in other domains (the "Site and/or Website"), and the Company's mobile applications and related services provided by the Company through the Site and/or related mobile applications in accordance with Our Agreement. Personal Information" refers to information that identifies a person, such as name, surname, address, e-mail address, telephone number, financial information and bank details. "Personal Information" does not include anonymous and/or aggregated data that does not identify a specific user. The Company is committed to protecting and respecting your privacy. The purpose of this Privacy Policy is to describe: ● The types of Personal Information we collect and how it may be used; ● How and why we may disclose your Personal Information to third parties; ● Transmission of your Personal Information; ● Your right to access, correct, update and delete your Personal Information; ● The security measures we use to protect and prevent the loss, misuse or alteration of Personal Information; ● Company's storage of your Personal Information; This Privacy Policy also covers some of the basics of our use of cookies, but for more information, please also read our Cookie Policy; We control how We collect your Personal Information and determine the purposes for which We use Personal Information. We are a "data controller" within the meaning of the General Data Protection Regulation (EU) 2016/679 (the "GDPR") and other applicable European data protection laws.

Collection and use of personal information

A. Personal information we collect

We collect the following Personal Information: ● Contact information such as first name, last name, phone number, home address and e-mail address. ● Account information, such as user name and password. ● Financial information such as bank account numbers, bank statement, trading activity and history, fees charged, etc. Д. ● Identity verification information such as images of your government-issued ID card, passport, national ID card, driver's license or other documents requested by our compliance department. ● Residence verification information, such as utility bill data or similar information. Other information obtained through our KYC procedures such as information about your financial status and source of funds.

We also automatically collect certain computer, device and browsing information when you access the Website or use the Services. This information is aggregated to provide statistics about our users' browsing actions and patterns and does not personally identify individuals. This information may include: Information about the computer or mobile device you use to access our Website and/or mobile applications, including hardware model, operating system and version, the web browser you use, IP addresses and other device identifiers.

To collect, process and analyze information and personal data, we may use special services such as AppMetrica and others.

Website usage information, server log information, which may include (but is not limited to) your login information, date and time of visits, pages viewed, your IP address, time spent on our Website and the websites you visit immediately before and immediately after our Website.

Bandwidth download and upload speeds, how much free and used storage space your device has, and other statistics about your device.

We may automatically collect, store and otherwise process information about you even if you decline to complete an online application or registration form.

B. Use of cookies and similar technologies

The website and mobile applications use cookies. Cookies are small text files that are placed on your computer by the websites you visit. They are widely used to make websites work, or work more efficiently, and to provide information to website owners. Cookies are usually stored on your computer's hard disk. Our Website uses cookies to enable you to use the Website and/or mobile applications, the Services we offer and the materials on the Website. Cookies are also used to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and allows us to improve our Website and mobile applications. For details of the cookies we use and the purposes for which we use them, please see our Cookie Policy.

C. How we use your personal information

We may use your Personal Information to: ● Processing Your Transactions. We will only process your Personal Information for the purposes for which it was provided to us. ● Comply with our legal or regulatory requirements; ● Confirm your identity in accordance with applicable law and the Company's anti-money laundering policy and to comply with other requests from law enforcement authorities. We may also share your information with other financial institutions and tax authorities if such action is required of us under any applicable law. ● Identify, investigate and prevent fraudulent transactions or unauthorized or illegal activities; ● Protecting our rights and property; ● Personalize our Services. ● Analyze the use of the Website and mobile applications and improve them. Analyze and track data to determine the usefulness or popularity of certain content and to better understand the online activity of users of our Website; ● Help us answer your customer service inquiries and support needs, respond to your inquiry or reply to your message; ● Contacting you about issues related to the Services. The e-mail address you provide may be used to transmit information and updates related to your use of the Services. We may also transmit technical, support or administrative notices, company news, updates, promotions and related information from time to time relating to similar products and services provided by the Company. ● Administer contests, promotions, surveys or other features that will be described in more detail on the Website. ● Link, connect or combine Personal Information we collect from or about you with other Personal Information; ● To fulfill any other purpose or reason for which the Information was collected. We do not conduct behavioral tracking of customer activities on our Website and/or mobile applications, nor do we allow third parties to collect data through our services and services. If you wish to stop receiving marketing communications from us, please contact us at [email protected] to opt-out.

Disclosure and transfer of personal information We may disclose your Personal Information to third parties, legal and regulatory authorities and share your Personal Information as described below:

A. Disclosure of information to third parties

In processing your transactions, we may share some of your Personal Information with our third party service providers who assist in our business operations. Your information will not be sold, exchanged or shared with third parties without your consent, except to provide the Services or as required by law. By using the Website or Services, you consent to the disclosure of your Personal Information as described in this Privacy Policy. Non-personally identifiable visitor information may be shared with third parties for marketing, advertising or other purposes. The Company's third-party service providers are contractually obligated to protect and use such information only for the purposes for which it was disclosed, except as otherwise required or permitted by law. We warrant that such third parties will be bound by terms and conditions similar to those described in this Privacy Policy or those to which we are subject under applicable privacy laws.

В. Disclosure of information to legal authorities

We may share your Personal Information with law enforcement agencies, data protection authorities, government officials and other bodies when: There is a compulsory subpoena, court order or other legal process to provide the information. We believe that disclosure is necessary to prevent physical harm or financial loss. Disclosure is necessary to report suspected illegal activity. Disclosure is necessary to investigate violations of this Privacy Policy or any of our agreements with you.

С. International transfer of personal information

We store and process your Personal Information in data centers around the world, wherever Company facilities or service providers are located. As such, we may transfer your Personal Information between such data centers. Such transfers will be in accordance with our legal and regulatory obligations and will only take place over secure channels.

D. Other circumstances for disclosure of personal information

We may also disclose your Personal Information in the following instances: ● With your consent or on your behalf. Certain information you may share may be displayed publicly, such as your username and any content you post when you use interactive areas of our Website, mobile applications, such as our online forums; ● with our current or future parent companies, affiliates, subsidiaries and with other companies under common control or ownership with us or our offices internationally. We ensure that the listed parties are bound by terms and conditions similar to those described in this Privacy Policy or those to which we are subject under applicable data protection laws; ● if sharing Personal Information is necessary to protect our rights and property, or the rights and property of the above listed current or future parent companies, affiliates, subsidiaries and other companies under common control or ownership with us;

External websites

At times, the Website and mobile applications may provide links or references to other websites ("External Websites") not controlled by Company. We have no control over these Third Party External Websites or any content contained therein. You agree that we are in no way responsible for the External Websites linked to or from the Company Website, including but not limited to website content, policies, failures, promotions, products, services or activities and/or any damages, losses, failures or problems caused by, related to or arising from those websites. External websites have separate and independent privacy policies. We encourage you to familiarize yourself with the policies, rules, terms and conditions of each website you visit. We are committed to protecting the integrity of our website and welcome any feedback on external website information provided on the Company's website.

Your rights regarding your personal information

You may exercise all of your rights under the law as long as it does not conflict with legal requirements regarding the prevention of money laundering and terrorist financing, our recordkeeping obligations, etc. Д. You have the following rights: ● the right to be informed that we are processing your Personal Information and what data we are processing, ● the right to data portability. Under certain circumstances, you have the right to receive all of your Personal Information that we store in a machine-readable format; ● the right to object to the processing of your Personal Information. ● the right not to be subject to automated decision making, including profiling, unless it interferes with the performance of the contract between you and us. ● the right to access, correct, update and block inaccurate and/or incorrect data; ● the right to withdraw their consent to the processing of personal data; ● the right to have your Personal Information removed from our servers upon your reasonable request (right to be forgotten); To exercise these rights, contact us at [email protected].

Within 40 days of receiving your written request, we will provide you with your Personal Information, including the purposes for which it was used and to whom it was disclosed in accordance with applicable law. We reserve the right to request additional information from you as may be necessary to provide an appropriate response to your request under applicable law, and you consent to such our right. In addition, if you wish to correct, update and block inaccurate and/or incorrect data, we have the right to request from you proof of the correctness of the data, such as official documents containing such data.

Please note that if we are unable to confirm your identity through email communications or by your call center application, or in the event of reasonable doubt about your identity, we may ask you to provide identification, including by appearing in person at our office. This is the only way we can avoid disclosing your Personal Information to a person who can identify you.

In some cases, we may not be able to change your Personal Information. In particular, this may include an event where your Personal Information has already been used in the performance of an agreement or transaction, or has been identified in an official document, etc.

You have the right to withdraw your consent to the processing of personal data. You may also exercise your right to have your Personal Information forgotten and deleted from our servers. In the cases provided for in Article 17 of the GDPR, we will delete your Personal Information that we process, except for those Personal Data that we are required to retain in accordance with the requirements set forth in applicable law.

Please note that if you exercise your right to withdraw your consent to the processing of personal data or your right to be forgotten, we may not be able to provide you with our products or services and we are specifically authorized to terminate all of our current agreements with you, subject to the legal consequences of such termination, and you irrevocably acknowledge such right.

In order to withdraw your consent to the processing of personal data and/or exercise your rights of oblivion, please contact us at: [email protected]. In addition, in this case, for security reasons, we may also ask you to show proof of identity, including directly at our office.

Security of personal information

We use various security measures to safeguard the confidentiality of your Personal Information and to protect your Personal Information from loss, theft, unauthorized access, misuse, alteration or destruction. These security measures include, but are not limited to, the following: Password-protected directories and databases. Secure Sockets Layered (SSL) technology to provide full encryption and secure transmission of information over the Internet. Limited access to hosting servers using 2FA and traffic encryption. All financially sensitive and/or credit information is transmitted via SSL technology and encrypted in our database. Only authorized Company personnel are permitted access to your Personal Information and these personnel are required to treat the information as strictly confidential. Security measures will be reviewed regularly in light of new and relevant legal and technical developments.

Storage of personal information

We retain Personal Information for as long as necessary to fulfill the purposes described in this Privacy Policy, subject to our own legal and regulatory obligations. Consistent with our recordkeeping obligations, we will retain the account and other Personal Information for at least five years after termination of the applicable agreement.

Updates to this privacy policy

This Privacy Policy may be revised, modified, updated and/or amended at any time, without notice, at the sole discretion of the Company. When we make changes to this Privacy Policy, we will notify all users on our Website and/or mobile applications and post our amended/updated Privacy Policy therein.

Data Protection Commissioner

To exercise all relevant rights, requests or complaints about any data protection matter between you and us, please in the first instance contact our Data Protection Officer at [email protected].

Appendix #5 to the NBCGate Business Terms and Conditions

Cookie Policy

general provisions

This Cookie Policy governs the use of cookies on www.nbcgate.com, nbcgate's websites in other domains, and Nbcgate's mobile applications (collectively, the "Website"). By visiting our Website and any subdomains and/or mobile applications of the Company, you accept and agree to the practices described in this Cookie Policy.

What are cookies?

Cookies are small data files that are downloaded to a user's computer, phone or tablet when they visit a website. Most web browsers automatically accept cookies. They help website operators, for example, to recognize a user who has visited a website before and analyze behavior to improve the user experience. More information about the cookies used on our Website and their purposes is set out below.

What cookies will be used and for what purpose?

Operational cookies To improve the user experience on our Website, evaluate the performance of our content, and correct technical problems or errors on pages or web forms, we use performance and analytics tools, including from third parties such as Google Analytics. These cookies collect information such as the number of user visits or returning visitors to the website. However, these cookies cannot be used to identify the user and are used to create aggregate data. Targeted or marketing cookies As part of our marketing initiatives, these cookies collect information about your viewing habits (such as what source a particular visit comes from) and perceived interests to make advertising more relevant to you. They are also used to limit the number of times you see an advertisement and to measure the effectiveness and efficiency of an advertising campaign. Some of these cookies are placed by our third-party advertising networks. They remember other websites you visit and this information is shared with third parties, such as advertisers. Strictly necessary cookies These cookies are necessary to enable you to browse our Website and use its features. The information collected by these cookies relates to the operation of our Website, for example, to securely authenticate you to our Website and to verify that you are still connected to our Website to keep your session stable until you log out. Functional cookies These cookies allow our Website to remember the choices you make and your personal preferences, such as login details, to improve your user experience, for example by avoiding the need to re-enter this data each time you visit our Website.

How long will cookies be stored?

A single session cookie is a temporary cookie that remains in your browser's cookie file until you close the browser.

Third-party cookies

Some cookies are provided on our behalf by trusted third-party service providers to help with user experience, reporting on user behavior, market research, providing advertisements tailored to the user's interests and improving the functionality of the Website, for example. This user behavior is analyzed to provide improved user interaction.

How do I disable cookies?

You do not have to accept cookies, but if you choose to disable or delete cookies created through our Website, they may not work as designed, possibly reducing the functionality of our Website, the options available to you, and the performance of our Website during your visit. All modern browsers allow you to change your cookie settings. These settings are usually found in the "Options" or "Settings" menu of your browser.

Useful links

If you would like to learn more about the use of cookies on the Internet, please click on the following links: www.allaboutcookies.org or www.youronlinechoices.eu, which provides information about privacy issues in online advertising.

Updates to this cookie policy

This Cookie Policy may be revised, changed, updated and/or amended at any time without notice at our sole discretion. When we make changes to this Cookie Policy, we will notify all users of our Website and make the amended Cookie Policy available on our Website.

Contact

If you have any questions about our Cookie Policy, please contact us at [email protected].

Appendix No. 6 to the NBCGate Business Terms and Conditions

Summary of anti-money laundering policy and know-your-customer policy

general provisions

To monitor compliance with EU directives and FATF recommendations, NBCGate (operating under the NBCG brand name) has established a compliance department responsible for anti-money laundering and Know Your Customer (AML & KYC) procedures, which are mandatory for all employees and define the policy of interaction with any company and individuals using NBCGate services. This document describes the basic points of the Company's internal AML policy:

Know your customer

NBCGate follows a strict KYC verification process to collect and verify all relevant information about the customer and individuals within the corporate structure. The opening of anonymous accounts is limited. If requested by the Company, additional documents and information must be provided by the client. Refusal to provide documents requested by the Company may result in suspension or termination of the relationship with the client. Completion of the relevant KYC questionnaire, passing the necessary checks and video verification are also mandatory requirements of the Company.

transaction monitoring

NBCGate checks the reputation, geographical location, licenses, compliance with legal requirements, beneficial owners, managers and other authorized persons of the client. The client is allowed to declare only one bank account for transactions, and all deposits and withdrawals are allowed only from/to the declared account. The Company performs real-time verification of transactions. In case there are signs of suspicious transactions on the Client's account, funds or crypto deposits from unreliable sources and/or any actions with signs of fraud, the Company reserves the right to conduct an internal investigation, block or close the Client's Account, cancel any payment and suspend services.

Verification of sub/sanctions

NBCGate is protected from engaging in money laundering and terrorist financing by screening all customers (including controllers and beneficial owners), including sanctions screening. The company also has a general obligation to keep up-to-date information on the beneficial ownership of customers and conducts regular re-verification of customers and their activities.

Geography of service provision

The Company does not provide services to persons located in jurisdictions identified by the EU and FATF as high-risk jurisdictions and non-cooperating jurisdictions with strategic AML/CFT deficiencies according to official lists (including Iran, North Korea, etc.). In addition, the Company does not provide services to US citizens and residents.

Risk assessment

The Company adopts a risk-based approach across the business, which requires identification, assessment, understanding and mitigation of AML & KYC risk, including consideration of risk factors such as customer, product, geography and service channel.

Appendix #7 to NBCGate Business Terms and Conditions

Terms of use of the “Payment by Bank Card” service

Terms used in this Annex

Authorization - a procedure of requesting and subsequent receipt by the Customer from the Bank of the consent to perform a transaction using the Card. It contains a unique code allowing to identify each specific payment transaction.

Issuing Bank - the Bank issuing payment cards.

International Payment System (IPS) - a system of settlements between banks of different countries, using common standards of payment means of this system (international payment systems “VISA International”, “Mastercard Worldwide”).

Fraud - illegal, fraudulent or other actions (knowingly erroneous, suspicious, etc.) with cards or their details, damaging the interests of the Bank or other members of the IPS, classified by the IPS or members of the IPS as fraudulent.

Bank Card Payment Service Provider (hereinafter Service Provider) - a payment institution or Bank, which has a license to provide the service of accepting payments by bank card, and which has entered into an agreement with NBCGate.

Chargeback - a request of the Bank-Issuer to return to the Cardholder the amount of the disputed transaction (monetary transaction) in case of improper fulfillment of the Partner's obligations to the Client on delivery of goods and/or provision of services, or in case of receipt by the Bank-Issuer of the application of the Cardholder, from whose account the payment was made, about unlawful debiting of money from this account in payment for goods and/or services.

Rolling Reserve is a percentage of the amount of each Transaction, which is held by NBCGate, where it is kept for a period of up to 180 calendar days from the date of the relevant Transaction, the term of Rolling Reserve is determined by NBCGate independently for each Partner depending on its internal Policies. The Rolling Reserve is used by NBCGate to cover Chargeback (Chargeback), as well as to cover other expenses related to Chargeback (Chargeback) on Partner's transactions. In case the Service Provider makes claims to NBCGate for reimbursement of transaction amounts, reimbursement of Chargeback (Chargebacks) on Partner's transactions. Upon expiration of 180 calendar days from the date of conducting/processing of the corresponding transaction and in case of absence of Chargeback (Chargebacks), the withheld amount of Rolling Reserve shall be returned to the Partner. In case of receipt of Chargeback (Chargeback) to NBCGate, NBCGate has the right to withhold the amount of Chargeback (Chargeback), in this case the amount of Rolling Reserve shall be returned minus the amounts of Chargeback (Chargeback) charged to NBCGate and reimbursed by NBCGate and penalties / costs thereof. The amount of Rolling Reserve withheld from each transaction is determined by NBCGate by agreement with the Partner.

General Provisions

In addition to the services specified in the terms and conditions of NBCGate Business, NBCGate grants the Partner the right to accept payments in its favor from Clients using bank cards. NBCGate hereby notifies the Partner that the services and/or their part included/integrated into the Portal may belong to third parties, and NBCGate guarantees to the Partner that it has the rights to place the corresponding services on the Portal, as well as the rights to provide services through them and/or the rights to accept payments for services provided in the services.

NBCGate has the right to refuse/suspend Partner's transactions at its sole discretion, at any time in the following cases:

Generic and/or Invalid Transactions;
if NBCGate suspects that the transaction is carried out for the purpose of money laundering and terrorism financing, committing fraudulent, illegal or other illegal activities;
if the information provided by an Introducing Broker is unreliable;
if the activity carried out by the Partner belongs to prohibited activities and/or activities that may damage the reputation of NBCGate;
if the number of frod and invalid transactions in favor of the Partner at any time exceeds 1% of the total number/volume of transactions made in favor of the Partner, NBCGate has the right to revise tariffs, terms of money transfer to the Partner.

Chargeback, return of money to the Payer (Customer)

In case NBCGate / Service Provider receives a Chargeback (Chargeback), NBCGate informs the Partner about it electronically. In this case the Partner unconditionally agrees that any Chargeback received by NBCGate / Service Provider shall not be disputed by the Partner.

The Partner hereby agrees that NBCGate / Service Provider shall retain the amount of the Transaction returned by NBCGate or the Bank to the Payer at the expense of the money to be transferred to the Partner's account or at the discretion of NBCGate from the Rolling Reserve.

NBCGate's crediting of Partner's account for Transactions does not mean final and undisputed recognition of the authorization of such Transactions. Such Transactions may be deemed unauthorized in accordance with the laws of the Czech Republic and the rules of the IPS. The Partner hereby assumes all risks related to the possible recognition of the Transaction as fraudulent and undertakes to unconditionally refund the money to NBCGate in case of receiving NBCGate Chargeback.

In case of detection by the Service Provider or NBCGate of Transactions, the authorization of which causes suspicion of the Service Provider or NBCGate, NBCGate has the right to suspend Payments for payment for goods/works/services in the Partner's online store using cards and crediting the Partner's account with money for such Transactions. Suspension of money crediting is carried out for the period of investigation of Transactions authorization, but not more than 180 (one hundred eighty) calendar days from the moment of Transaction.

If the IPS recognizes unauthorized Transactions as unauthorized, NBCGate shall have the right not to transfer amounts to the Partner's account for unauthorized Transactions for enforcement purposes until sanctions are imposed on the Service Provider/NBCGate by the IPS.

If such sanctions are imposed prior to the expiration of the time periods required by the MPS to impose sanctions on Transactions, NBCGate shall reimburse the MPS for the unauthorized Transactions out of the Partner's funds or from the Rolling Reserve.

If, after the expiration of the time periods required by the MPS for imposing sanctions on Transactions, such sanctions are not imposed by NBCGate, or if the MPS recognizes the authorization of Transactions for which amounts are withheld by NBCGate pursuant to this clause of the Agreement, NBCGate agrees to return the withheld funds to the Partner's account.

In case the Chargeback amount exceeds 1% (one percent) of the amount of all Transactions in respect of the Partner preceding the date of exceeding the specified percentage, NBCGate shall be entitled to suspend processing of Transactions (including crediting money to the accounts of the Enterprises) for a period of up to 180 (one hundred and eighty) calendar days.

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