A. These Terms and Conditions for the Ebonex Australia Pty Ltd (“Ebonex”, “we”, “our”, or “us”) OTC Services (hereinafter known as “OTC Terms”) shall govern and be effective in regards of every OTC Account registered, maintained or otherwise operated with Ebonex. These OTC Terms shall also be construed to be applicable towards the provision and usage of OTC Services. By accessing, registering and/or using any of the Services provided by Ebonex to perform an OTC Transaction, you are deemed to have fully read, understood and accepted the terms herein. If you do not agree with the all the terms or any of the terms herein, do not proceed with the usage of Ebonex’s OTC Services.

B. These OTC Terms shall be read together with existing terms, statements and policies issued by Ebonex, including but not limited to Ebonex’s Risk Warning Statement and Terms of Use, located on the website at www.ebonex.com.au. However, in the event of any conflict, discrepancy and/or inconsistency, these OTC Terms shall prevail and take precedence in relation to the OTC Services to the extent of the conflict, discrepancy and/or inconsistency.

C. This version of OTC Terms shall be effective and deemed to have overridden any prior version(s). You agree and authorise Ebonex to amend these OTC Terms whenever deemed fit, provided that any material amendments have been notified to you by way of circulation and/or publication by Ebonex on our website, platform(s) or through any Agreed Communication Means. The amended OTC Terms will take immediate effect from the time they are posted, unless expressly stated otherwise by Ebonex. Your continued use of the OTC Services will constitute your acceptance of such amendments and that all subsequent OTC Transactions will be subject to the amended terms.

D. For the avoidance of doubt, these OTC Terms shall not be applicable in the event users obtain OTC Transaction services from any companies under the Group in jurisdiction(s) where a distinct and specific set of terms and conditions (hereinafter known as “Regional Terms”) is in existence to govern such relationship. In such circumstances, the Regional Terms shall apply.

(1) Definitions and Interpretation

(a) “Agreed Communication Means” refers to such communication channels as decided by Ebonex and agreed by you from time to time which may include but not are limited to email, telephone, online chat, and/or Ebonex’s platform. Ebonex may cease the usage of any Agreed Communication Means without the need of any reason.

(b) “Authorised Representative” means a person authorised by you, the Client, to access the Services, appoint other Authorised Representatives and/or enter into Orders or provide payment instructions on your behalf.

(c) “Client”, “you”, or “your” means the person or entity named as the Client in the application to open an OTC Account with Ebonex.

(d) “Close Out” is the act of Ebonex cancelling, reversing or otherwise terminating an OTC Transaction on reasonable grounds solely determined by Ebonex.

(e) “Deposit” means the amount deposited by you with Ebonex as requested from Ebonex in relation to some or all OTC Transactions at the time of booking and at any time prior to settlement which is a part payment toward the agreed Order value.

(f) “Ebonex” refers to Ebonex Australia Pty Ltd.

(g) “Expiry” shall have the meaning as defined in Clause 5(a) of these OTC Terms.

(h) “Group” means subsidiaries and affiliates of Ebang International Holdings Inc.

(i) “Indicative Prices” shall have the meaning as defined in Clause 3(a) of these OTC Terms.

(j) “Manifest Error” refers to any error, inaccuracy, omission, lack of clarity, misquote and/or misstatement which is manifest or palpable by Ebonex or its Related Personnel by taking into account the current market. For the avoidance of doubt, the fact that you have entered into or refrained to enter into any transaction with Ebonex or other third party, your incurring of any loss or otherwise is irrelevant in the determination of whether a situation constitutes a Manifest Error.

(k) “Order” shall have the meaning as defined in Clause 5(a) of these OTC Terms.

(l) “OTC Account” means an account approved and established for the purpose of using the OTC Services.

(m) “OTC Services” means the provision of prices by Ebonex to you, your submission of Trade Instruction and/or Order, and the entry into OTC Transactions, and any related services provided by Ebonex or third parties in connection therewith.

(n) “OTC Transaction” shall have the meaning as defined in Clause 4(a) of these OTC Terms.

(o) “Price Request” shall have the meaning as defined in Clause 3(a) of these OTC Terms.

(p) “Rectification Rights” shall have the meaning as defined in Clause 6(h) of these OTC Terms.

(q) “Related Personnel” refers to Ebonex’s directors, shareholders, members, employees, officers, attorneys, agents, representatives, suppliers and/or contractors.

(r) “Relevant Authorities” refers to any authoritative bodies in any relevant jurisdictions including government bodies, ministries, departments, courts including its judgment and order, rules, statutes, legislations any subsidiary legislations or any other body or document having the force of law.

(s) “Supervening Events” shall have the meaning as defined in Clause 6(g) of these OTC Terms.

(t) “Trade Confirmation” shall have the meaning as defined in Clause 4(i) of these OTC Terms.

(u) “Trade Instruction” shall have the meaning as defined in Clause 6(a) of these OTC Terms.

(v) “Credit Limits” shall have the meaning as defined in Clause 7(d) of these OTC Terms.

(2) Authorised Representatives and Authorisation Limits

(a) If you are applying for a corporate OTC Account, you must appoint one or more Authorised Representatives.

(b) If you are applying for an individual OTC Account, you may choose to appoint one or more Authorised Representatives.

(c) You are aware that the only people who may access the Services and/or enter into Orders or provide instructions on behalf of the Client are people that the Client has nominated and authorised to be an Authorised Representative. Any officer, employee, representative, agent, contractor, or affiliate of yours shall not be considered an Authorised Representative without the express consent of the Client/Account Holder received by Ebonex.

(d) You shall immediately notify Ebonex when:

(i) any new person becomes an Authorised Representative; or

(ii) any existing Authorised Representative is no longer entitled to be an Authorised Representative.

Upon Ebonex receiving such notice, the change in Authorised Representative is effective immediately. However, the notice shall not affect any Orders already executed.

(e) Any appointment of an Authorised Representative shall remain in full force and effect unless and until any notice of cancellation of appointment has been delivered to and received by Ebonex.

(f) You must inform Ebonex of the authorisation limit applicable to some or all OTC Transactions or Services either in general or for particular Authorised Representatives. Any authorisation limit you provide to Ebonex may be withdrawn by you at any given time by giving notice to Ebonex.

(g) All instructions given and Orders accepted by an Authorised Representative within their authorisation limits will be deemed to be instructions and Orders authorised by you and shall be binding on you.

(h) Until you have provided a notice to Ebonex to the contrary, Ebonex may continue to assume that all existing Authorised Representatives have authority to execute legally binding Orders with Ebonex within their authorisation limits.

(i) You hereby indemnify and agree to hold Ebonex harmless in respect of any loss incurred by acting on an Authorised Representative’s instructions or by an Authorised Representative entering into Orders within their authorisation limits.

(3) Price Requests and Indicative Prices

(a) You may make a price request through an Agreed Communication Means (hereinafter referred to as “Price Request”) consisting of either a bid price or an offer price or both (which shall be determined solely by Ebonex). In return, Ebonex may (but is not obligated to) provide indicative prices for the OTC Transactions (hereinafter referred to as “Indicative Prices”) in response to the Price Request.

(b) Ebonex shall be under no obligation to provide you with Indicative Prices for OTC Transactions, but if we do provide Indicative Prices, they are for information purposes only and are intended solely for your own use. Although Indicative Prices represent Ebonex’s estimate of the current economic value of an OTC Transaction, the Indicative Prices may also include adjustments to take account of factors such as transaction size and/or market liquidity. Any Indicative Prices provided by Ebonex with respect to OTC Transactions are not representative of the actual terms at which new OTC Transactions could be entered into nor the actual terms at which existing OTC Transactions could be liquidated or unwound. Ebonex shall not be liable for any errors or omissions in computing or disseminating any valuation and shall not be liable for any loss, claim or damages (whether direct, indirect, consequential or otherwise) which may arise to Indicative Prices provided to you that are used by you or any third party.

(c) You acknowledge and agree that Ebonex shall have the sole and absolute right as to whether or not to provide Indicative Prices in response to a Price Request. You further acknowledge and agree that in the event Ebonex exercises its option to respond, Ebonex has the sole and absolute right to fix the quantum of the Indicative Prices.

PROVIDED ALWAYS THAT nothing in the provision of Indicative Prices shall be construed as an offer to you to enter into an OTC Transaction based on the Indicative Prices nor does it compel Ebonex to accept or execute any subsequent Trade Instruction (defined hereafter) issued by you.

(d) As an extension of the right in Clause 3(b), Ebonex may cease, discontinue or otherwise terminate the provision of Indicative Prices without notice for any reasons whatsoever including but not limited to legal restriction(s) or requirement(s) by Relevant Authorities.

(e) It is acknowledged that the Indicative Prices are proprietary in nature. As such, the Indicative Prices provided by Ebonex may be different when compared to prices of other providers. Taking into consideration that the Indicative Prices might be constantly changing, Ebonex shall to the best of its abilities ensure that the Indicative Prices are up to date. Notwithstanding the foregoing, there is likelihood that the Indicative Prices are no longer up to date by the time you issue a Trade Instruction. In these circumstances, Ebonex holds the absolute discretion to revise, revoke or otherwise cancel the Indicative Prices provided and reject the Trade Instruction.

(f) The Indicative Prices provided by Ebonex are strictly and solely provided to you for the purpose of the OTC Services. In this regard, you are under a duty to not communicate or disclose the Indicative Prices to any third party save to the extent required by law or unless with Ebonex’s prior written consent having been obtained.

(g) You are aware that any Indicative Prices provided by Ebonex may include bid-ask spread and/or mark-up which is determined by Ebonex in our sole and absolute discretion. Save to

the extent required by law, Ebonex is not obligated to disclose and/or justify the amount of bid-ask spread and/or mark-up to you.

(4) Trade Instructions

(a) You can enter into a transaction based on the Indicative Prices provided (hereinafter known as “OTC Transaction”) by issuing an instruction (hereinafter known as “Trade Instruction”). To constitute a valid Trade Instruction, you are required to provide details and/or information as requested by Ebonex. Without prejudice to the generality of the foregoing, you may be required to furnish information including but not limited to the trading pairs, the Indicative Prices provided and/or notional value.

(b) A Trade Instruction issued by you through the Agreed Communication Means shall be deemed an offer or proposal to Ebonex to enter into an OTC Transaction with you. As such, Ebonex is at absolute liberty to either accept your offer or decline it for any reason whatsoever. Further, Ebonex shall not be responsible in the event your Trade Instruction is not received by Ebonex for any reasons whatsoever including but not limited to delay or failure of any Agreed Communication Means.

(c) Once you have issued a Trade Instruction to Ebonex, you shall not be allowed to revoke, withdraw, amend or cancel the said Trade Instruction unless with the prior written consent of Ebonex.

(d) Ebonex may decline any Trade Instructions which are ambiguous, contradictory or otherwise deemed incomplete by Ebonex’s opinion. Notwithstanding the foregoing statement, Ebonex is entitled to execute such Trade Instructions with reasonable interpretation by Ebonex (which Ebonex believes to be the correct interpretation in good faith). In such circumstances, you hereby agree that this shall form a valid contract between you Ebonex and you waive your rights to object to the same.

PROVIDED ALWAYS THAT nothing in this clause shall be construed to create an obligation on Ebonex to accept any subsequent ambiguous, contradictory or incomplete Trade Instructions in the future.

(e) Upon execution of a Trade Instruction through any Agreed Communication Means, a binding agreement on an OTC Transaction shall have been formed.

(f) Subject to all of Ebonex’s rights stated herein, once a binding agreement has been constituted on an OTC Transaction, it cannot be amended, rescinded or terminated unless with the written mutual consent by both parties. This applies even if the Trade Instruction was issued by you as a result of any error, inaccuracy or oversight on your part.

(g) Ebonex may inform or notify you on the execution of your Trade Instruction through any Agreed Communication Means (provided that any delay or failure to give such notice shall not have any vitiating effect towards the effectiveness and validity of the OTC Transaction).

(h) If you did not receive a notice promptly after issuing your Trade Instruction to Ebonex, you shall as soon as possible get in contact with Ebonex through the Agreed Communication Means to confirm the status of your Trade Instruction and/or the OTC Transaction.

(i) Ebonex may provide a written confirmation consisting of the specific terms and details of the OTC Transaction (hereinafter known as “Trade Confirmation”). You undertake the responsibility in checking and keeping record of the Trade Confirmation and to notify Ebonex of any discrepancy or inconsistency immediately upon discovery of the same.

(5) Orders

(a) In the event that the platform and features are made available to you by Ebonex, you may utilise the platform and features to request Orders through an Agreed Communication Means. An Order refers to an instruction by you to execute an OTC Transaction at a contingent event (“Order”), for example, by a time specified by you (hereinafter known as the “Expiry”). To make an Order, you are required to provide details and/or information as requested by Ebonex.

(b) An Order made by you through the Agreed Communication Means shall be deemed an offer or proposal to Ebonex to enter into an OTC Transaction with you. As such, Ebonex is at absolute liberty to either accept your offer or decline it for any reason whatsoever. Further, Ebonex shall not be responsible in the event your Order is not received by Ebonex for any reasons whatsoever including but not limited to delay or failure of any Agreed Communication Means.

(c) You acknowledge that Ebonex is in no position to guarantee the availability or liquidity as it is influenced by factors outside of Ebonex’s control. Therefore, by making an Order, you acknowledge that your offer or proposal extends the option for Ebonex to either accept (and execute) your Order wholly or partially.

(d) When you have made an Order, you may receive a notice stating that you have successfully placed an Order. This is not to be construed as an acceptance by Ebonex. This is merely a notification that Ebonex is in receipt of your Order and nothing herewith shall create any obligation on Ebonex to accept or execute your Order.

(e) In regards to an Order, you may request to amend or cancel existing Orders by contacting Ebonex through an Agreed Communication Means provided always that the Orders have not been executed by Ebonex. Ebonex has the absolute discretion to accept or decline any request to amend or cancel any Order. In the event your request is accepted by Ebonex, the amended Order shall be treated as a new Order made by you.

(f) Ebonex may accept your Order (either in whole or in part pursuant to Clause 5(c) above) by executing the same no later than the Expiry. Upon acceptance of an Order, a binding agreement shall have been formed between you and Ebonex. In this regard, you agree and acknowledge that Ebonex is entitled to engage and/or make arrangements with third parties including but not limited to third party liquidity providers to fulfil any Orders.

(6) Nature of OTC Transactions

(a) Unless agreed otherwise, both parties shall enter into OTC Transactions as principals. You hereby agree and confirm that you will enter into OTC Transactions in your own capacity as a principal and not on behalf of any other party as an agent unless agreed by both parties. Ebonex’s obligations under these OTC Terms shall be towards you solely and Ebonex shall not

assume any duties and/or obligations to any other third parties. The fact that Ebonex may have been made aware of such third parties is irrelevant in the operation of this clause.

(b) You acknowledge that Ebonex is not providing any advice which includes but is not limited to financial, accounting, legal, tax, execution of the transactions, profitability or suitability of the transaction, investment or decision in regards of the OTC Transactions. You are recommended and are deemed to have taken all necessary steps and diligence (including seeking independent and professional advice) to understand the nature and the risks which may be involved in making transactions. Any decision made by you shall be considered your own independent decision without any reliance whatsoever on Ebonex in making that decision.

(c) You are aware that you may be subject to legal requirements which may include reporting and taxation requirements in certain jurisdictions. You agree that you have the sole responsibility to keep yourself informed and adhere to such applicable laws and regulations in regards to the OTC Transactions entered into by you. Ebonex shall not be responsible for your failure to do so and does not provide any support and assistance for your compliance, save to the extent required under the law.

(d) You acknowledge that Ebonex may impose or otherwise implement risk and/or credit limits which may apply generally or specifically to you, to all or certain coins, tokens, stablecoins, cryptocurrencies, or digital currency of the like (collectively, “Digital Assets”) only in regards of the Trade Instructions, Orders and/or OTC Transactions (hereinafter known as “Credit Limits”). Ebonex’s right to determine the implementation is absolute and includes the right to amend, maintain and/or remove the Credit Limits. In connection hereof, you undertake to supply and provide all data and information requested which Ebonex deems reasonably relevant and necessary to fix appropriate Credit Limits.

(e) If Ebonex assigns you a Credit Limit, you must settle the trade within 24 hours. If you do not settle within this timeframe, Ebonex reserves the right to request you to settle the trade and/or Close Out any Orders and recover any loss or costs incurred by us in doing so. If the Close Out results in a profit, Ebonex may, at our discretion, deposit some or all of the surplus funds into your OTC Account.

(f) You acknowledge that if Ebonex creates an Order which would result in a Credit Limit being exceeded:

(i) Ebonex is not obliged to inform you that the Credit Limit will be exceeded;

(ii) you will continue to be liable to Ebonex for all amounts including those above the Credit Limit; and

(iii) Ebonex is not obliged to create any subsequent Order where a Credit Limit might be exceeded.

(g) In the event you have contravened or exceeded the Credit Limits applicable, you acknowledge that Ebonex has the sole and absolute discretion to amend, cancel or otherwise reject such Trade Instructions, Orders and/or OTC Transactions.

(h) In order to reduce your exposure to us, in each transaction you enter into we enter into a hedging transaction with our liquidity provider and/or counterparties. In doing so, you accept

the risk that the liquidity provider and/or counterparties may default on the transaction and that Ebonex shall not be held liable for any loss suffered by you in that event.

(i) As commercial and/or operational circumstances dictate we may, without notice or disclosure to you, change some or all of our liquidity providers and/or banks. Such change(s) may pertain to some or all classes of the services, if any, offered by Ebonex from time to time.

(j) You hereby agree that the following events shall constitute supervening events (“Supervening Events”):

(i) when Ebonex at its absolute discretion determines that one or more Indicative Prices of one or more executed OTC Transactions are substantially different or inconsistent from the prevailing market value of the impugned OTC Transactions at the executed time;

(ii) when Ebonex determines that any of the executed OTC Transactions are erroneous in nature, including but not limited to situations where a bid price has been inadvertently presented as an offer price and vice versa;

(iii) where Ebonex has any reason to believe or suspect that the OTC Transaction was entered by you with dishonest or improper intent including but not limited to attempting to manipulate the market, capitalising on or otherwise exploiting the event where the Indicative Prices of an OTC Transaction are materially different from prevailing market prices and/or taking unfair advantage of Ebonex’s system or platform; and/or

(iv) otherwise, when a Manifest Error has been committed in any part of an OTC Transaction.

(k) In the case of one or more Supervening Events taking place or has taken place, you hereby absolutely and irrevocably authorise Ebonex to exercise the following rectification rights (“Rectification Rights”) so far as allowed by applicable laws in good faith:

(i) to cancel or reverse such OTC Transactions (including reversal of any Digital Assets transfer made in your OTC Account) and such OTC Transactions shall be deemed as if they have never been entered; or

(ii) amend and/or vary the price of said OTC Transaction to be consistent with prevailing market prices at the material time or at the price as if a Manifest Error has not occurred.

(l) Ebonex shall inform you in the event that any of the Rectification Rights have been exercised and corrective measures have been taken by Ebonex through the Agreed Communication Means.

(m) You hereby agree and acknowledge that in the event of a Manifest Error, you must not rely on the said error and shall not be allowed to enforce whatever inaccuracy, inconsistency or misstatement which was erroneously recorded in the Trade Confirmation.

(n) You agree that in the absence of any Manifest Error, records kept by Ebonex in relation to the OTC Transactions shall be deemed final and conclusive. Notwithstanding the foregoing, Ebonex is at liberty to take corrective measures and/or rectification actions on any false entry, error or misstatements. If applicable, Ebonex has the absolute right to demand immediate repayment from you if Ebonex so determines that you have been unjustly enriched from such false entry, error or misstatements.

(o) Fees are chargeable by Ebonex in your receipt of services for OTC Transactions. You hereby agree to pay and settle all applicable charges, expenses and fees arising from and incidental to your usage of Ebonex’s services for executed OTC Transactions.

(p) All OTC Transactions shall be done by way of Digital Assets transfer directly to and from your OTC Account on a per trade basis.

(q) Ebonex may permit performance of OTC Transactions using an external wallet held by you in platforms or infrastructures not associated with Ebonex. In such event, you undertake to fully indemnify and save harmless Ebonex from all demands and claims arising from and incidental to such performance.

(r) Ebonex will not accept fiat settlements sent from an account that is not in your name. In such event, Ebonex may:

(i) request that you resend the funds originating from an account held in your name;

(ii) Close Out the OTC Transaction; and/or

(iii) suspend or terminate your OTC Account if we reasonably suspect that you are using the Services to engage in illegal conduct or to facilitate illegal activities.

(s) You agree that Ebonex may exercise its rights under the foregoing clause (r) without any liability or loss to Ebonex, and that you will not hold Ebonex liable for any loss arising from action taken or inaction, or steps required, by Ebonex under this clause.

(t) Ebonex is under no obligation to provide valuations for OTC Transactions. Without prejudice to the foregoing statement, in the event Ebonex provides such valuations, you acknowledge and agree that:

(i) valuations are provided solely and exclusively for your use and for information purposes only;

(ii) unless stated to the contrary, valuations provided shall be in reference to indicative values premised on periodical mid-market levels on the specified time;

(iii) valuations may take into account variables including but not limited to size of the transaction, market liquidity and/or use of capital;

(iv) certain assumptions may be required to be made in regards of deriving valuations from internal proprietary models and future market conditions. As a natural consequence, various assumptions made will produce different outcomes;

(v) valuations provided cannot be taken as the actual representation of terms in which existing OTC Transactions will be unwound and/or liquidated; and

(vi) Ebonex shall not be held liable for any errors, inaccuracies and/or omissions in providing valuations and shall not be responsible for any loss or damages, be it direct, consequential or otherwise which may arise from the reliance on valuation(s) by you or any third party.

(7) Termination

(a) In addition to any other rights that Ebonex may have under these OTC Terms, Ebonex may, in our sole discretion:

(i) remove any product or services from the scope of the OTC Services from time to time; or

(ii) terminate these OTC Terms

by providing notice through the Ebonex platform and/or the website.

(b) We may at any time refuse to complete, block, or reverse a transaction you have authorised (or part thereof) and we may limit, suspend, restrict, or terminate your access to any or all of the Services or the Ebonex Platform or EbonExclusive Platform (including your account) if:

(i) you gain or attempt to gain unauthorised access to another User’s Account;

(ii) you are, as determined in our absolute discretion, or we reasonably suspect you are, using the Services or Ebonex Platform or EbonExclusive Platform to perform illegal activities such as money laundering, terrorism financing, paying of ransomware, online gambling or other criminal activities;

(iii) Ebonex considers it necessary, as determined in its absolute discretion, for the purpose of protecting itself against risk of loss and maintaining the integrity of the OTC Services

(iv) you breach these Terms such as failing to make a payment or a transfer of Digital Assets as required under these Terms;

(v) you breach our Privacy Policy or any other applicable terms that you have agreed to;

(vi) there is a technical or operational difficulty;

(vii) required by law; or

(viii) we receive a request from a law enforcement or government agency to do so.

(c) Ebonex may, at its sole discretion, with or without notice:

(i) cancel any open Order at the date and time the product or services ceases to be made available, or at which time these OTC Terms are terminated;

(ii) cancel, refuse to execute or otherwise terminate any Order (regardless of confirmation status of such Order), on reasonable grounds solely determined by Ebonex; and

(iii) take such steps, or require you to take such steps, as Ebonex considers necessary for the purpose of protecting itself against risk of loss and maintaining the integrity of Ebonex’s OTC Services.

(d) You agree that Ebonex may exercise its rights under the foregoing clauses without any liability or loss to Ebonex, and that you will not hold Ebonex liable for any loss arising from action taken or inaction, or steps required, by Ebonex under this clause.

(e) If Ebonex is informed, determines or reasonably suspects that any Digital Assets and/or fiat currency held in your Account were unlawfully obtained, we may place a freeze on your Account which will prohibit you from transacting with, or withdrawing, the Digital Assets and/or fiat currency until the matter is resolved to Ebonex’s satisfaction or if Ebonex is legally required to submit the funds to a regulatory, governmental or law enforcement agency. You agree that Ebonex shall have no liability or responsibility for any such freeze or submission, or for your prohibition on withdrawing or transacting with your Digital Assets and/or fiat currency during that period.

(f) You may terminate your account at any time provided you do not have any incomplete or pending transactions or trades.

(g) You agree that Ebonex will retain your Account information such as KYC and transaction data for a period of at least seven years in accordance with applicable laws.

(8) Warranties and Representations

(a) Supplemental to and without prejudice to the warranties and representations which may have been made by Parties in the Ebonex Terms of Use and other applicable terms and rules issued by Ebonex, you hereby give the following warranties and representations to Ebonex that:

(i) you have read and are fully capable to understand the OTC Terms hereof and agree to be legally bound by the same;

(ii) you are fully aware and have evaluated all the risks sufficiently which may arise in the OTC Transactions. By proceeding to issue Trade Instructions or by deciding to proceed with each OTC Transaction, you agree to bear the risks solely;

(iii) you are acting in your sole capacity and will be making only independent decisions when entering into OTC Transactions without reliance whatsoever on Ebonex’s statements, communications and/or explanations which may have been provided in regards of the OTC Transactions; and

(iv) you are not restricted, barred or otherwise prohibited from entering into any OTC Transactions under any applicable law and regulation and/or by any of the Relevant Authorities. In the event of misrepresentation and/or breach of warranty by you, you

undertake to fully indemnify and hold harmless Ebonex from all demands and claims arising from and incidental thereof.

(9) Disclaimers and Limitation of Liabilities

(a) You have been made aware of the risks that may result from entering into OTC Transactions and/or using any of the OTC Services and agree, in the absence of bad faith and fraud, to the full assumption of loss and liability resulting from or incidental to such use.

(b) You acknowledge and agree that:

(i) Ebonex does not guarantee the liquidity in any Digital Asset or fiat currency and that Ebonex does not have any control over the liquidity of such Digital Asset or fiat currency;

(ii) Ebonex may exercise its rights under any of these OTC Terms to amend, vary, cancel or otherwise reverse any of the OTC Transactions (and this may cause the dissipation of Digital Assets in your OTC Account);

(iii) if you fail to adhere to the Credit Limits, Ebonex may invoke clause 5(e) hereof and this may cause loss to you;

(iv) there is a possibility of Manifest Errors in the OTC Transactions and a possibility that there could be delay or failure in transmission of Trade Instructions, Orders or execution through the Agreed Communication Means; and

(v) the nature of OTC Transactions involves numerous risks and volatility and losses can result from the same.

(c) Without prejudice to the generality and duplication of disclaimers in clauses of these OTC Terms herein appearing, neither Ebonex nor its Related Personnel shall be liable nor responsible to any party for losses and/or damages whatsoever, be it (without limitation) direct, indirect, consequential and/or incidental to the OTC Transactions, OTC Services and/or Agreed Communications Means. This disclaimer applies notwithstanding that any of the losses and/or damages are proximate and/or foreseeable or otherwise made known to Ebonex.

(d) Further, Ebonex and its Related Personnel shall not be held liable for the failure to perform any of its obligations herein if such failure was directly or indirectly caused by factors or events which are beyond Ebonex’s control.

(e) Trading in cryptocurrency involves significant risk and may result in the loss of your invested capital. It is a high-risk activity and may not be suitable for the general public, as the prices of cryptocurrency are subject to sharp, speculative swings. You must ensure that you fully understand the risks involved and take into consideration your level of experience, investment preference and objectives, risk appetite, and financial circumstances, and you should seek independent financial advice before deciding to avail yourself of any of Ebonex’s products or services. If you do not agree with or understand the Ebonex OTC Services, you should not use or access our products or services.

(f) Transactions in Digital Assets may be irreversible, and any loss suffered by you from providing Ebonex with incorrect or incomplete information related to your OTC Account or OTC

Transactions, such as an incorrect wallet address(es), may not be recoverable. You acknowledge these risks and accept that Ebonex shall not be held liable for any loss in which you partially or wholly contributed towards when you apply for an OTC Account and enter into OTC Transactions with Ebonex.