TERMS AND CONDITIONS

At OSMO we are constantly working to improve your experience on our platform and we want to keep you informed at all times of each and every one of the changes we implement in OSMO, so we will always keep this "Terms & Conditions" document updated. 

These "Terms & Conditions" are the contractual agreement that regulates the conditions and rules that users must abide by regarding access to and use of OSMO. 

We invite you to read these "Terms & Conditions" carefully before continuing to use our products and services.  

By registering with OSMO, you may access or use our products, services, content, options, technology or features offered through OSMO, our mobile applications and our Network (collectively, the "Services"), you agree to our "Terms & Conditions" and our "Privacy Policy".  

In case you do not agree with our "Terms & Conditions", you must refrain from using our services and you must delete the mobile application from your device and not access our Services through any other platform or mechanism. 

ANY NEW FEATURES OR TOOLS THAT ARE ADDED WILL ALSO BE SUBJECT TO THESE TERMS & CONDITIONS. YOU MAY VIEW THE MOST CURRENT VERSION OF THE "TERMS & CONDITIONS" AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, MODIFY OR REPLACE ANY PART OF THESE TERMS & CONDITIONS BY POSTING UPDATES OR CHANGES ON OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES. 

YOU MAY NOT USE OUR SERVICES FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE, NOR MAY THE SERVICE VIOLATE ANY LAW. A BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF OUR SERVICES. 

WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME. 

Scope. These are the "Terms & Conditions" of use of Hodl Group Inc, hereinafter "OSMO", "we", "us" and/or "the company", its subsidiaries and/or affiliates, in Guatemala and Costa Rica. We are a company incorporated in the British Virgin Islands and with BVI Company Number 2082622. These "Terms & Conditions" are applicable to any user who accesses and/or uses this site. 

make use of our website at www.osmowallet.com, our Android and iOS mobile applications, and any of our services related to or using any of the foregoing, collectively, as our Services.

Risk Disclosure. All purchases involve a substantial risk of loss. All trading strategies are used at your own risk and you are responsible for the financial resources you use. If the market moves against you, you may suffer a total loss of the initial amount you allocated to the purchase. You should not engage in trading unless you fully understand the nature of the transaction you are entering into and the extent of your exposure to loss. If you do not fully understand these risks, you should seek independent advice from your financial advisor. 

Our Privacy Policy. Our Privacy Policy is located at www.osmowallet.com/politicas-privacidad. Our Privacy Policy describes how we collect, use and share your personal information. 

Modifications. Except as expressly stated in these "Terms & Conditions", these "Terms & Conditions" may be modified at our sole discretion without notice, except as required by law. We will not be liable if for any reason the Service becomes wholly or partially unavailable at any time or for any period. From time to time, at our discretion, we may restrict access to some parts of the Service, or the entire Service, to certain Users. 

We reserve the right, at our sole discretion, to change the "Terms & Conditions" under which our Services are offered. The most current version of the "Terms & Conditions" will replace all previous versions. We encourage you to review them periodically to stay informed and to learn of any changes we make, as they involve and bind you. You agree that your continued use of the Service in accordance with the posted "Terms & Conditions" means that you accept the revised "Terms & Conditions". 

From time to time, supplemental Terms and/or Conditions may apply to particular products and/or services and/or features, such as policies for a particular brand, activity or promotion, such additional terms will be disclosed in connection with the specific applicable Services. Supplemental Terms and/or Conditions shall be deemed part of "Terms & Conditions" for purposes of the applicable Services and, in the event of a conflict with respect to the applicable Services, the respective Supplemental Terms and/or Conditions shall prevail. 

OSMO services. OSMO provides a way to get exposure to acquiring cryptocurrencies that OSMO has designated, using our wallet service, which we call OSMO wallet. Our Services may evolve over time. This means that we may make changes, replace or discontinue (temporarily or permanently) our Services at any time for any reason with or without notice. In this event, you may be prevented from accessing or using our Services. If, in our sole discretion, we decide to permanently discontinue our Services, we will notify you either through our website or via email. 

Services. OSMO provides certain services for which a fee is charged. The fees described below apply in connection with the following services:

Buying and Selling. You may purchase cryptocurrencies using a particular exchange partner. Purchases of cryptocurrencies may be made through supported payment methods, such as bank wire transfer, an eligible card or cash deposits (see "Pagalo, VisaNet and Bank Transfers" below). The purchase of cryptocurrencies with a given exchange partner through a bank account may require proof of existence of funds by authenticating your bank account details, including the account balance at the time of purchase, or may require funds to be pre-deposited into the bank account hosted by exchange partners by wiring or transferring funds using the instructions provided in the OSMO wallet. Upon completion of the purchase of cryptocurrencies, via any payment method, the cryptocurrency will be safeguarded by OSMO and reflected in your OSMO Wallet under the custody of Hodl Group Inc. The sale of cryptocurrencies using a given exchange partner towards a bank account will result in the delivery of the required amount of funds, which will be delivered to your bank account via a normal bank transfer service in accordance with the normal banking hours in your country. 

Pagalo, VisaNet and Bank Transfers. You can purchase cryptocurrencies available in OSMO wallet using the mechanism that best suits your interests, either by credit card processed through Pagalo and VisaNet or via bank transfer. By entering into this agreement and if you have decided to accept to process your purchase through a credit card, you agree to the terms and conditions of Pagalo and VisaNet, which can be found at: https://pagalo.co/politicas-de. 

privacy/. OSMO will only process the purchase of cryptocurrencies through credit cards, when such cards are in the name of the acquirer of the cryptocurrencies. 

Additional purchase and sale fees. If you buy or sell cryptocurrencies supported in your OSMO wallet via wire transfer or via credit card, there may be a fee associated with the transaction. The fee is specified prior to the purchase or sale transaction through the OSMO wallet. Our fees will be updated for your reference on our website: osmowallet.com/fees, which may be modified at any time.  

Send and receive money. These services are limited to certain currencies supported by OSMO wallet. You can send and receive selected currencies to another OSMO user or to an external account or wallet outside of your OSMO wallet. When seeking to send funds from a wallet without send and receive service privileges, you must first convert from one currency to another that supports sending or withdrawing funds. All applicable fees will be displayed prior to confirming any transaction. 

Refunds and Cancellations. Once a transaction has been initiated, it cannot be reversed or cancelled. All payment transactions processed through the Services are non-refundable. You may have additional rights to a refund or chargeback under your agreement with the recipient of such funds, your bank or applicable law. You should periodically review your bank statements, which should reflect all applicable payment transactions made using that payment method. You can also always access your transaction record by logging into your OSMO wallet. 

SMS/Text Usage. To use OSMO Services, you must provide a valid cell phone number. This number is used as part of the authentication process. As part of your use of the OSMO Services, you agree to receive SMS/text messages from us. Please note that, although we do not charge for SMS/text messages, standard messaging rates of 

your wireless carrier. Failure to provide a valid cell phone number may result in restriction of use of OSMO Services. 

Account and Security. Users may only have one account and one phone number. Multiple accounts for the same User are not permitted. By creating an account, you acknowledge that the account belongs to you and not to any other individual or third party. As a User, you agree that you will not attempt to circumvent or deviate from the parameters of the Service or enter false information or other means. 

By registering with OSMO wallet and choosing a username and password, you will treat such information and your use of the Services as confidential, and you will not disclose such information to any third party. You are responsible for ensuring that you are the only individual with access to your account through the Mobile Application. You will not allow any other person to access your OSMO wallet or conduct transactions on your behalf. 

As a User, you acknowledge that you are solely responsible for promptly bringing to our attention any unauthorized use of your username and/or password or any other breach of security. You agree that you will ensure that you exit from your account at the end of each session and that you will not attempt to enable it on more than one mobile device. You further acknowledge and agree that we reserve the right to disable, at our discretion, any account, identifying information or password, whether generated by you or by us. 

OSMO Wallet access recovery: You will need to contact our support team at ayuda@osmowallet.com. They will request additional documentation to confirm that you are the owner of the account and give you access to the client. 

Ineligibility: We reserve the right to refuse, at our discretion, to accept Users who are on international and local watch lists, including, without limitation, the following: Specialized Nationalized Lists, Non-Cooperative Country and Territory Lists, Palestinian Legislative Council list, and other lists issued by international governments. We may also reject any Sender or Beneficiary who appears on any list of Politically Exposed Persons ("PEPs"), or who are related to or considered close to such PEPs.  

Unauthorized Transactions: We reserve the right to refuse, in our sole discretion, transaction requests that we find to be in violation of these "Terms & Conditions" or applicable laws, rules or regulations. Any of the following activities, which are listed but not limited to: sexual services or materials, gambling, fraud, money laundering, terrorist financing, the purchase or sale of firearms, prescription drugs, and other non-controlled drugs or substances, among others, are considered a violation of the use of the Services. If we obtain evidence that you intend to use the Services for any of the above activities that could involve an unauthorized transaction or in connection with any illegal activity, your account will be blocked and you will be reported to the appropriate authorities. 

Limited Activities. You acknowledge that, as an OSMO User, or in the course of your interactions with us or any Agent in our Network, there are certain activities that are prohibited, including but not limited to the following: 

- Contravene these "Terms & Conditions" or any other contract between you and us; - Provide false, inaccurate or misleading information;

- Refuse to cooperate with an investigation or to provide confirmation of your identity or any other information we request from you; 

- Use our Services on behalf of a third party; 

- Share account information with other individuals; 

- Use an automatic device or a manual process to monitor or copy any element of our Mobile Application; 

- Create multiple accounts. 

Additionally, by agreeing to these "Terms & Conditions", you promise and warrant that you will not use the mobile application or any of the services it provides for any purpose that is unlawful or prohibited by these "Terms & Conditions" and/or by law. In no event may you use the Mobile Application in any manner that: (i) constitutes harassment, abuse, harassment, siege, threat, defamation or transgresses or violates the rights of any other party (including without limitation rights of publicity or other proprietary rights); (ii) is unlawful, fraudulent, deceptive or in violation of any federal, state, local or international law, statute, ordinance or regulation; (iii) uses technology or other means to access OSMO and that is not authorized by OSMO; (iv) uses or launches any automated system, including but not limited to, "robots," "spiders," or "offline browsers," to access the Mobile Application and/or any applications linked to the Mobile Application; (v) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer or telecommunications program or equipment; (vi) attempts to gain unauthorized access to the Mobile Application and/or any applications linked to the Mobile Application; (vii) attempts to gain unauthorized access to the Mobile Application and/or any applications linked to the Mobile Application; or (viii) attempts to gain unauthorized access to the Mobile Application and/or any applications linked to the Mobile Application; (vi) attempts to gain unauthorized access to the company's network or the accounts of other users; (vii) engages in conduct that could constitute a criminal offense, or give rise to civil liability; (viii) fails to comply with these "Terms & Conditions"; (ix) attempts to damage, disable, overburden, or impair our servers or networks or otherwise attempt to interfere with the proper working of the service; (x) infringes our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy; (xi) provides false, inaccurate or misleading information; or (xii) may cause us to lose any of our Internet service provider's or other providers' services. 

Investigations. OSMO reserves the right to investigate suspected violations of these Terms & Conditions, including, without limitation, any violations arising from any postings, postings or e-mails you make or send to any forum. OSMO may seek to collect information from the user suspected of violating these Terms & Conditions, and from any other user. OSMO may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If OSMO, in its sole discretion, believes that a violation of these "Terms & Conditions" has occurred, it may edit or modify any submissions, postings or e-mails, permanently remove material, terminate postings, warn users, suspend users and passwords, accounts or take other corrective action it deems appropriate. OSMO will fully cooperate with any law enforcement authorities or court order requesting or directing OSMO to disclose the identity and other available information regarding anyone posting any e-mails or publishing or otherwise making available any materials that are believed to violate these "Terms & Conditions". 

Intellectual Property Rights. For the purposes of "Terms & Conditions" Intellectual Property Rights shall mean any: (i) copyright, patent, domain name rights and rights in service marks, designs and models (registered or unregistered); (ii) applications for registration 

and the right to apply for registration of the foregoing; (iii) all information, programs, text, displays, images, video and audio, and the design, selection and arrangement thereof and of any software used in the Mobile Application and (iv) any other intellectual property rights and similar or equivalent forms of protection existing throughout the world and owned by the Company. 

All Intellectual Property Rights of the company and/or its Background and/or Money Transfer Service Holders or its affiliates shall remain as such exclusively and are protected by the laws relating to trademarks, patents, trade secret and other intellectual property or proprietary rights of the United Mexican States. 

Once you are registered with OSMO, you are granted a non-exclusive, limited to your personal, non-transferable, revocable license to access and use the Services strictly in accordance with these "Terms & Conditions". Under no circumstances may you modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or exploit any content of the Service in whole or in part.  

Our name and all related names, logos, product and service names, designs, and slogans are trademarks of the company, our affiliates and/or licensors. You expressly acknowledge that under no circumstances shall you use such marks without the prior written consent of the company. All other names, marks, designs and/or slogans, among others, that do not correspond to the company are used for identification purposes only and are the trademarks of their respective owners. 

Warranties. You acknowledge and agree that all services involved in the mobile application are provided "as is" on OSMO and any Services you obtain through the company are at your own risk. OSMO disclaims all warranties and conditions of any kind, whether express, implied or statutory, including all implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. The company does not warrant that the functions contained in the service will meet all of your requirements, or that its operation will be uninterrupted, error-free, or free of viruses or other components that could damage your property, or that such defects or errors in the network or content can be corrected. If you experience a failure of the mobile application and you bring it to the company's attention in a timely manner, we may work to correct such failures to the extent they are within the company's scope and responsibility. 

We are not responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, data or other material due to your use of the site or any services or products you obtain through us. The responsibility for implementing sufficient anti-virus protection measures, accuracy of data input and output and for maintaining on an alternate medium to our mobile application any data in the event of loss rests solely with the users. 

The foregoing shall not affect any warranty that cannot be excluded or limited under applicable law.

Liability. The Company shall not be liable for any failure to comply with the provisions of these "Terms and Conditions" in the following cases: (i) abnormal and unforeseeable circumstances beyond our control where a breach of these Terms and Conditions is unavoidable despite efforts to avoid it, including, without limitation, problems with another system or network, mechanical failures or failures in data processing, or (ii) compliance with obligations under national or international laws. 

You acknowledge and agree that, upon your registration with OSMO, you will be responsible for any claims, fines, penalties or other liabilities or expenses incurred by us, another user of the services or a third party caused by and/or arising out of your operation of the mobile application and/or breach of these "Terms & Conditions". By reason of the foregoing, you agree to indemnify, defend and hold harmless the company, its associates, and licensors and their respective officers, directors, employees, representatives, contractors and third parties (including among other licensors, suppliers), from and against all claims, losses, damages, judgments, awards, costs, liabilities, expenses or fees (including without limitation reasonable attorney's fees) resulting from your violation of these "Terms & Conditions" or your use of the service, including without limitation any use of the content or services of the mobile application that are not expressly authorized in these "Terms & Conditions" or your use of any information obtained from OSMO, or negligence, fraud or willful misconduct on your part as a User.  

IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR: (A) LOSS OF DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MOBILE APPLICATION, (B) THE DELAY OR INABILITY TO USE THE MOBILE APPLICATION, (C) THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR (D) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS OBTAINED THROUGH THE MOBILE APPLICATION. IF YOU DISAGREE WITH THE MANNER IN WHICH THE SERVICES ARE PROVIDED, OR WITH ANY OF THE "Terms & Conditions", YOUR SOLE REMEDY IS TO DISCONTINUE USING THE MOBILE APPLICATION. THE COMPANY WILL NOT BE LIABLE IF: (A) YOU PROVIDED INCORRECT OR INCOMPLETE INFORMATION TO THE COMPANY, EITHER YOU OR YOUR BENEFICIARY USER; OR (B) YOUR USE OF THE SERVICE IS NOT ACCEPTABLE AS PROVIDED FOR IN THESE "Terms & Conditions". 

The foregoing shall not affect any liability that cannot be excluded or limited under applicable law. 

No advice. OSMO does not and cannot act as an advisor, including on any financial, legal, investment, insurance and/or tax matters. Any information provided by OSMO is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you. 

Indemnification. You agree to indemnify, defend and hold us, our employees, agents, consultants, subsidiaries, partners, affiliates and licensors harmless from and against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including attorneys' and other professional fees) arising in any way related to your use of our Services, your violation of these Terms, or your violation of any rights of any other person or entity.

Continuing Effect. Each provision of these "Terms & Conditions" is severable. If one provision is found to be invalid, the remaining provisions will remain valid and enforceable. If a court or arbitration panel decides that a provision is illegal or invalid, the illegality or invalidity of that provision will not affect the validity of the other provisions. If such a decision is made, you and the company, in good faith, agree to accept the new provision that is added to these "Terms & Conditions" consistent with the original intent of both. 

However, any offer of a service in these "Terms & Conditions" will be considered void when prohibited by law. 

No Implied Waiver. The waiver by a party of a breach of a provision of these "Terms & Conditions" shall not be deemed a waiver of a subsequent breach of the same or any other provision. 

Entire Agreement. These "Terms & Conditions", including its modifications or promotional conditions, as well as our Privacy Policy, is the entire understanding between Users and the company and supersedes any prior understandings or agreements. 

Dispute Resolution. You acknowledge and agree that disputes in which either party seeks equitable and other relief for any controversy, disagreement, difference, dispute or claim arising out of or relating to these Terms & Conditions, or relating to their interpretation, breach, enforcement, termination, invalidity, effectiveness, or any other matter relating to the Service will ultimately be resolved by arbitration. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. You acknowledge and agree that you, the User, and OSMO agree to notify each other in writing of any dispute within thirty (30) days of the commencement of the dispute. Notification to OSMO will be sent to ayuda@osmowallet.com. You and OSMO further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Guatemala City, Guatemala; (c) that the arbitration will be conducted confidentially by a single arbitrator in accordance with the laws and regulations of Guatemala; and (d) that the courts of Guatemala City, Guatemala have exclusive jurisdiction over any appeal of an arbitration award and over any claims between the parties not subject to arbitration. Other than the class action procedures and legal remedies discussed below, the arbitrator has the authority to grant any remedy otherwise available in court. Any dispute between the parties shall be governed by these Terms and the laws of Guatemala, without giving effect to any conflicts of law principles that would provide for the application of the law of another jurisdiction. IF THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND OSMO WILL NOT COMMENCE A CLASS ACTION AGAINST EACH OTHER, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING. 

In any event, you acknowledge and agree that you and we will each pay our own arbitration costs subject to the arbitrator's decision. All disputes shall commence no later than one year after the events giving rise to such Dispute. Arbitration shall be the exclusive and final sole remedy for all Disputes, except in those cases where the Company seeks equitable relief in any court of competent jurisdiction for any misappropriation of its intellectual property rights. 

"OSMO Guatemala Conditions"  

Scope. These are the "OSMO Guatemala Terms and Conditions" of use of Osmo Guatemala, Sociedad Anónima, hereinafter "OSMO GT". 

Suitability and Agreement. If you use our services, the "Terms & Conditions" and the "OSMO Guatemala Conditions" apply. You may use our services only if you are legally able to enter into an agreement with these Terms and Conditions under applicable law. We do not accept information from children under the age of 18. We do not accept users under the age of 18 to use our platform or register their information on OSMO GT. In the event that we discover that a person under the age of 18 has registered on our platform we will immediately delete their information and the user created by that person.  

OSMO GT Services. OSMO GT provides an alternative to fund and withdraw funds from an OSMO wallet in Guatemala by wire transfers to our accounts. Our services may evolve over time. This means that we may make changes, replace or discontinue (temporarily or permanently) our services at any time for any reason with or without notice. In this case, you may be prevented from accessing or using our services. If, in our sole discretion, we decide to permanently discontinue our services, we will notify you via our website and social media. 

Wire Transfers. You can use our services to add funds to your wallet by wire transfer to one of our bank accounts. The enabled accounts will be available on our website for you to consult at any time. We accept transfers in quetzales and dollars and the transfer must be made to the corresponding account. A fee will be charged for each transfer, you can check the applicable fee on our website. In the same way, a recharge can be made through our AirPak Agents. Each time you make a transfer to one of our accounts you must take a screenshot of your transfer receipt. Your transfer will be processed after verifying that all data is correct. The holder of the OSMO wallet must make the wire transfer from a bank account of his own. Bank transfers from a third party's account to credit a wallet are not accepted. In this case, a penalty of Q.100.00 plus 5.0% applies to make a refund to the account where the funds came from and the return of the transfer would take 3 to 5 business days. 

Unclaimed property. If funds deposited to our bank accounts are not identified by a digital confirmation in the OSMO wallet where the user uploads a photo of the confirmation slip and enters the amount and currency deposited, they will be categorized as abandoned and an administrative fee will be charged when they are claimed. 

Withdrawals. You can request the withdrawal of funds through the application, just select the withdrawal option, enter the amount, choose the bank account to which you wish to be deposited the amount to be withdrawn and make the confirmation. Your withdrawal will be processed after verifying that all data is correct. If there is any error, it is the client's responsibility to enter the information completely and correctly. Once the data is validated, the funds will be credited to 

your bank account through a normal bank transfer in accordance with the normal business hours in your country, no later than 2 business days after confirmation of the withdrawal. OSMO reserves the right to approve withdrawals that are not directed to an account of the OSMO wallet holder. The account to which the withdrawal is requested must be in the same name of the account owner. 

Transaction Limits. By becoming a User of OSMO wallet, you acknowledge and agree that your transactions are limited to the information we know about you and the profile assigned to you according to a risk analysis, therefore, we inform you of the transactional levels we have, which are given in an enunciative but not limited manner and may vary according to your transactional profile and risk level.

Documentation

- Full name
- Date of birth
- Country of birth
- Country of residence
- Nationality
- e-mail
- Verification of cell phone number
- Biometric verification
- Address
- Digitalized autograph signature
- Copy of valid ID
- Proof of address not less than three months
- NIT
- Questionnaire of the origin of resources
- Proof of income
- Diagram of flow of funds that will enter your OSMO wallet.
- Bank statement
- Proof of income justifying the User's activity
- Additional financial and/or tax information at OSMO wallet's discretion.

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