BigONE Eurasia User Agreement

TERMS OF USE
of the BigONE Eurasia Platform
(Digital Asset Trading Facility)

Please read these Terms of Use ("Terms", "Agreement") carefully before using the services provided by BigONE Investment Ltd. ("BigONE", "we", "us", or "our"). These Terms constitute a legally binding agreement between you (the user of our services) and BigONE Investment Ltd., a private company duly incorporated under the laws of the Astana International Financial Centre (AIFC), with its registered office at 55/17 Mangilik Yel Avenue, Office No. 149, Astana, Republic of Kazakhstan, Z05T3F5, with
Business Identification Number (BIN) 230740900475.

BigONE is authorised and regulated by the Astana Financial Services Authority (AFSA) and holds the following financial services permissions:

● License No. AFSA-G-LA-2023-0008, authorising BigONE to conduct the following regulated activities:

a) Providing Custody

b) Dealing in Investments as Principal

c) Dealing in Investments as Agent

d) Operating an Exchange

e) Operating a Clearing House

● License No. AFSA-G-LA-2023-0009, authorising BigONE to operate as a Digital Asset Trading Facility (DATF) under the AIFC Financial Services Framework.

1. Scope of the Agreement

This Agreement governs your access to and use of the BigONE Platform, operated by BigONE Investment Ltd. (“BigONE”, “we”, “us” or “our”). The BigONE Platform includes the following components:

● The official website: eurasia.big.one/

● BigONE mobile applications

● BigONE Custody Platform

● Application Programming Interfaces (APIs) and digital infrastructure

● Any other software, services, tools, or interfaces provided by BigONE

Collectively, these are referred to as the “BigONE Platform” or the “BigONE Site”. The Platform includes all electronic or written content provided by BigONE, including but not limited to software, data, text, graphics, images, audio, video, APIs, and documentation (collectively, the “Content”).

2. Acceptance of the Terms

2.1. Legal Acceptance

By taking any of the following actions, you confirm your acceptance of these Terms and acknowledge their legally binding nature:

● Clicking the “I AGREE” button or equivalent;

● Accessing or using the BigONE Platform or Services;

● Registering for a BigONE account;

● Purchasing or subscribing to any service; or

● Entering into an order or agreement that references these Terms.

If you do not agree to these Terms, you may not access or use the BigONE Platform or any of its Services. These Terms shall become effective as of the date you complete the acceptance action (the “Effective Date”).

2.2. Account Registration and Onboarding

To use BigONE Services, you must successfully register and maintain an active BigONE Account. The onboarding process includes, but is not limited to:

● Verifying your email address and mobile phone number;

● Uploading required documents;

● Completing Know Your Customer (KYC) or Know Your Business (KYB) and Anti-Money Laundering (AML) procedures.

BigONE Services are available only to individuals and institutions who have completed all verification levels in accordance with applicable regulatory requirements. Providing false or misleading information during onboarding is strictly prohibited. BigONE reserves the right to suspend, reject, or terminate account access in the event of incomplete onboarding or failed verification.

You authorize BigONE and/or its third-party service providers to take all necessary steps

to verify your identity, confirm linked bank account details, and perform compliance checks.

2.3. Amendments to the Terms

We may modify these Terms from time to time. Changes may be communicated through one or more of the following methods:

● Posting the updated Terms on the BigONE website or platform;

● Sending an email or in-platform message to your registered contact information;

● Displaying the revised Terms upon login or service access.

Continued use of the BigONE Platform after such changes constitutes acceptance of the updated Terms. It is your responsibility to:

● Keep your contact information up to date;

● Monitor communications from BigONE;

● Regularly review the current version of these Terms.

Updated Terms become effective on the earlier of:

● The date you explicitly accept them; or

● The date they are posted or otherwise communicated and you continue using the Services.

2.4. Eligibility Criteria

By registering for a BigONE Account, you represent and warrant that:

● You are at least 18 years of age and have full legal capacity;

● You are not a citizen or resident of, or otherwise located in, any Restricted Jurisdiction (as defined in Annex A);

● You fully agree to and accept these Terms and all related policies.

We reserve the right to deny or terminate access to the BigONE Platform to any user at any time, without prior notice, if we believe they are in breach of applicable laws, regulations, or these Terms.

2.5. Risk Disclosure

You understand and accept that digital assets are inherently volatile and that trading, investing, or holding such assets involves a high risk of financial loss. You are solely responsible for assessing whether engaging with digital assets is appropriate for your personal or institutional financial circumstances.

2.6. Regulatory Disclosures

BigONE is not registered with the United States Securities and Exchange Commission (SEC) and does not offer securities services to residents or nationals of the United States.

BigONE operates under the regulatory supervision of the Astana Financial Services Authority (AFSA) and holds the following licenses:

● AFSA-G-LA-2023-0008 – Regulated Activities under AIFC Financial Services Framework:

a) Providing Custody

b) Dealing in Investments as Principal and as Agent

c) Operating an Exchange and a Clearing House

● AFSA-G-LA-2023-0009 – Market Activity License under AIFC Market Activities Rules:

d) Operating a Digital Asset Trading Facility (DATF)

2.7. Dispute Resolution and Governing Law

Any contractual or non-contractual disputes arising out of or in connection with these Terms (including any question regarding their existence, validity, or termination) shall be subject to the exclusive jurisdiction of the AIFC Court. The governing law shall be the acting law of the Astana International Financial Centre (AIFC). The language of legal proceedings shall be English.

2.8. Duration of Terms

These Terms take effect from the moment you are accepted as a verified Client on the BigONE Digital Asset Trading Facility (DATF) and will remain in force until your membership or account is cancelled or terminated, or the Services provided under the DATF license are discontinued.

2.9. Access Restrictions

You agree that you will not share access to your BigONE Account with any third party unless explicitly authorized under applicable regulations. Unauthorized account sharing may violate regulatory requirements and lead to immediate suspension or termination of access.

3. Definitions

Unless otherwise defined herein, capitalised terms used in these Terms shall have the meanings assigned to them in the Acting Law of the Astana International Financial Centre (AIFC), including the AIFC Glossary (AIFC Act No. FR0017 of 2018).

For the purposes of these Terms of Use, the following terms shall have the meanings set forth below:

● "AIFC" means the Astana International Financial Centre, a jurisdiction with a special legal regime in the field of finance, established under Constitutional Law No. 438-V dated 7 December 2015.

● "Territory of the AIFC" refers to the territory within the city of Astana approved by the Order of the President of the Republic of Kazakhstan No. 161 dated 31 December 2015.

● "AFSA" means the Astana Financial Services Authority, the independent regulatory body responsible for the licensing, supervision, and regulation of financial services and related activities within the AIFC.

● "AIFC GLO" means the AIFC Glossary Rules (Act No. FR0017 of 2018), approved on 29 April 2018.

● "AIFC FSFR" means the AIFC Financial Services Framework Regulations (Regulations No. 18 of 2017), approved on 20 December 2017.

● "AIFC GEN" means the AIFC General Rules (Act No. FR0001 of 2017), approved on 17 October 2017.

● "AIFC AMI Rules" means the AIFC Authorised Market Institutions Rules (Act No. FR0002 of 2017), approved on 17 October 2017.

● "AIFC COB" means the AIFC Conduct of Business Rules (Act No. FR0005 of 2017), approved on 10 December 2017.

● "AIFC FinTech Rules" means the AIFC Financial Technology Rules (No. AFSA-F-PC-2019-0001), approved on 14 February 2019.

● "Fiat Currency" means a currency issued by or on behalf of a government and designated as legal tender in one or more jurisdictions pursuant to applicable laws or regulations.

● "Digital Asset" means a digital representation of value that:

a) Can be digitally traded and functions as a medium of exchange, a unit of account, or a store of value;

b) Can be exchanged for Fiat Currency but is neither issued nor guaranteed by any government;

c) Derives value based on consensus within its user community;

d) Is distinguishable from Fiat Currency.

● "Digital Wallet" means a software application, electronic device, or other mechanism that:

a) Enables the holding, storage, and transfer of Digital Assets and/or other financial assets;

b) Stores or manages private keys used for signing blockchain transactions; and

c) Tracks the balance of Digital Assets held by a user.

● "Digital Asset Trading Facility (DATF)" means a facility which regularly functions to bring together multiple third-party buying and selling interests in Investments, in accordance with its non-discretionary rules, in a manner that can result in contracts for Investments admitted to or traded on such facility. The DATF may operate as an order-driven, quote-driven, or hybrid system.

● "Services" or "BigONE Services" refers to the regulated financial services provided by BigONE Investment Ltd., including but not limited to:

a) Spot trading of Digital Assets;

b) Custody and safeguarding of Digital Assets;

c) Any related services as determined and communicated by BigONE.

● "Tools" means any software, applications, interfaces, or technological infrastructure, owned or licensed by BigONE, used to facilitate or support the delivery of BigONE Services. This includes the trading platform, APIs, mobile applications, and custody solutions.

● "Content" means all information, data, text, images, audio, video, charts, research, and other materials made available by BigONE through its Platform or Services, including market data, analytics, and educational resources.

● "Custody Platform" means the regulated platform operated by BigONE Investment Ltd. for the secure storage and management of Digital Assets on behalf of clients, incorporating robust multi-layered security, risk management, and compliance controls in accordance with AIFC and Kazakhstan regulations.

● "BigONE Platform" means the digital infrastructure owned and operated by BigONE, including the website eurasia.big.one, the mobile applications, and any associated interface or channel through which BigONE Services are provided.

● "Notifications" means any official communication by BigONE, including but not limited to updates regarding changes to the Services, fee structures, security incidents, or legal notices, made available through the BigONE website or sent via registered communication channels.

4. BigONE License

BigONE Investment Ltd. is a private company established under the acting laws of the Astana International Financial Centre (AIFC), with its registered office at 55/17 Mangilik Yel Avenue, Office No. 149, Astana, Republic of Kazakhstan, Z05T3F5, with
Business Identification Number (BIN) 230740900475.

4.1. Regulatory Status

BigONE Investment Ltd. is authorised and regulated by the Astana Financial Services Authority (AFSA), the independent financial regulator of the AIFC.

The Company holds the following licenses:

License No. AFSA-G-LA-2023-0008

Issued under the AIFC Financial Services Framework Regulations, this license authorises BigONE to carry out the following regulated activities:

● Providing Custody – Safekeeping and administration of digital assets on behalf of clients;

● Dealing in Investments as Principal – Trading in investments on BigONE’s own account;

● Dealing in Investments as Agent – Facilitating investment transactions on behalf of clients;

● Operating an Exchange – Operating a facility on which investments can be traded;

● Operating a Clearing House – Providing clearing and settlement services for investment transactions.

License No. AFSA-G-LA-2023-0009

Issued under the AIFC Market Activities Rules, this license authorises BigONE to operate a Digital Asset Trading Facility (DATF) – a regulated platform for trading digital assets in accordance with non-discretionary rules.

The current status and validity of both licenses can be verified at the official website of the Astana Financial Services Authority: www.afsa.kz.

4.2. Participation in the FinTech Lab

BigONE currently provides its services within the framework of the FinTech Lab, a regulatory sandbox operated by the AFSA. The sandbox allows companies to test innovative financial technologies under tailored regulatory conditions before transitioning to full regulatory authorisation.

As a FinTech Lab participant, BigONE is subject to:

● Specific regulatory conditions and restrictions imposed by AFSA;

● Potential limits on transaction volumes and the number/types of clients;

● Time-limited testing regime valid until 08 November 2025.

5. User Representations and Undertakings

By using the BigONE Platform and its Services, you confirm and guarantee the following:

5.1 Legal Authority and Representation

If you are using the Services on behalf of a company or another person, you confirm that:

· The entity is legally formed under applicable law.

· You have the legal right to represent and bind that entity to these Terms.

· All obligations under these Terms apply to both you and the entity you represent.

You confirm that you are at least 18 years old. We may request proof of age or parental/legal guardian consent. If we learn that an underage person is using the Services, we will restrict access.

5.2  Registration and Identity Verification

To use the Services, you must register for a BigONE Account and complete the onboarding process. You must provide accurate, current, and complete information, and update it if it changes. You authorize us to verify your identity, including through third-party providers, to prevent fraud and comply with AML/KYC/KYB regulations. If you provide false or outdated information, your account may be suspended or terminated.

5.3 Account Use and Security

You are responsible for all actions taken through your BigONE Account. We may, at our discretion:

● Refuse to open an account.

● Limit the number of accounts you can have.

● Suspend or terminate your account without notice.

You must keep your password secure and confidential. Any activity using your account or password will be considered as initiated by you. If suspicious activity is detected, we may request additional information or freeze transactions.

5.3  Transaction Confirmations and Monitoring

All transactions shown in your account or sent to you by email are considered final and approved unless you notify us in writing within three calendar days. You are responsible for regularly checking your account, balances, transaction history, and any notices from us. You must provide a working email address to receive important notifications. If you are not receiving them, you must notify us at support@bigone.com.

5.4  Use of Services and Information

You agree to use the BigONE Platform and its content only for your personal or internal business use.

You must not:

● Share your account or let others use it.

● Resell, transfer, or repackage any Services or content for others.

● Use the Platform or data for illegal purposes, or in violation of data protection laws.

● Use the Platform in a way that competes with BigONE’s business.

● Use or transfer any information from the Platform in any way that harms BigONE or violates these Terms.

5.5  Legal Compliance

You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations in your jurisdiction and the jurisdiction of any counterparties. You understand that BigONE does not guarantee the legality, accuracy, or reliability of any digital assets, services, or content available through the Platform. BigONE does not offer investment, legal, or accounting advice. You are encouraged to seek professional advice before making decisions.

5.6  Risk Acknowledgement

You accept the risks of using digital asset services, including potential financial loss, misrepresentation by other users, technical failures, and regulatory uncertainties. BigONE does not guarantee any results or outcomes from using the Services or interacting with other users. You acknowledge that risks may include fraud, breach of contract, data errors, and other damages or losses.

5.8 Prohibited Conduct

You agree not to use the Services or any content on the Platform for any of the following:

● Illegal, fraudulent, or unauthorized purposes;

● Encouraging or participating in unlawful acts;

● Violating any laws or regulations of AIFC, Kazakhstan, or any applicable international laws;

● Infringing intellectual property rights;

● Harassing, abusing, defaming, discriminating, or threatening others;

● Spreading false or misleading information;

● Uploading viruses or malicious code;

● Tracking or collecting personal data of others;

● Spamming, phishing, scraping, or other abusive activities;

● Engaging in immoral, obscene, or harmful behavior;

● Circumventing security features of the Platform or Services.

6. Use Restrictions and Unacceptable Use

6.1 General Warning

Your access to and use of the BigONE Services is subject to the following rules.
Violating any of the restrictions below may result in immediate suspension or termination of your account, and could expose you to civil and/or criminal liability.

6.2 Prohibited Conduct

You agree not to do any of the following, directly or through another person or system:

Misuse of Platform and Content

● Use the Services for any purpose not explicitly permitted by these Terms, the Privacy Policy, or BigONE’s official policies.

● Use another user’s account without their permission and without using an authorized sharing mechanism.

● Reverse-engineer, modify, decompile, disassemble, translate, or make derivative works of the Services or any content on the Platform.

● Republish or reuse BigONE content (data, charts, information, etc.) on another website or environment without written permission.

● Frame, mirror, or deep-link any part of the Services without express authorization.

● Systematically download, store, or forward data from the Platform to create a database.

Security and Integrity Violations

● Circumvent access controls or security features of the Platform.

● Transmit or distribute viruses, worms, trojans, spyware, or other malicious software.

● Damage, disable, overburden, disrupt, or interfere with the normal functioning of the Services or related networks.

● Use automated systems (e.g., bots, scrapers, crawlers) to extract, mine, or index data without permission.

● Transmit unauthorized instructions, code, or scripts for data manipulation.

Unlawful, Deceptive or Harmful Behavior

● Engage in any fraudulent, unlawful, or misleading activity (e.g., phishing, forgery, impersonation).

● Provide false or misleading information or impersonate any person or organization.

● Misrepresent your affiliation with any individual or entity, or falsely suggest endorsement by BigONE.

● Upload or distribute content that infringes on the rights of others, including privacy and intellectual property rights.

Harassment and Abuse

● Harass, abuse, threaten, defame, stalk, insult, discriminate, or otherwise harm other users or BigONE employees.

● Upload or display content that is obscene, offensive, violent, hateful, discriminatory, defamatory, or otherwise inappropriate.

6.3 Misuse of Services for Commercial or Promotional Purposes

You may not:

● Sell, license, sublicense, resell, or commercially exploit the Platform or its Content without BigONE’s prior written approval.

● Use the Services or Content for advertising, promotion, or sale of third-party products or services unless expressly authorized in a separate agreement with BigONE.

● Use the Platform to send spam, chain letters, unsolicited messages, or pyramid schemes.

6.4 Moral and Reputational Safeguards

You may not use the Services in connection with any goods or services that promote illegal or harmful industries (such as tobacco or weapons), or in any manner that could damage the reputation or goodwill of BigONE or associate BigONE with offensive or unlawful content.

6.5 Enforcement Rights and No Waiver

BigONE reserves the exclusive right to determine, at its sole discretion, whether any use of the Services violates these Terms, including any related policies, rules, or applicable legal requirements. The decision not to take immediate action in response to a breach or violation shall not constitute a waiver of any rights or remedies available to BigONE.

BigONE may choose to enforce these Terms at any time, regardless of whether similar violations were previously overlooked or tolerated. Each situation will be handled independently, and any inaction in one instance shall not prevent BigONE from taking action in another.

7. Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF)

7.1 Regulatory Compliance

BigONE Investment Ltd. is fully committed to ensuring compliance with all applicable anti-money laundering (AML) and counter-terrorist financing (CTF) obligations under:

● The acting laws of the Astana International Financial Centre (AIFC), including the AIFC Conduct of Business Rules, AIFC AML Rules, and regulations issued by the Astana Financial Services Authority (AFSA);

● The laws of the Republic of Kazakhstan, including the Law of the Republic of Kazakhstan "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" dated August 28, 2009, No. 191-IV ZRK, as amended;

● Relevant international standards, including those established by the Financial Action Task Force (FATF) and other recognized global bodies.

7.2 Customer Due Diligence (CDD) and Know Your Customer (KYC) or Know Your Business (KYB)

Users must undergo and cooperate with BigONE’s KYC/KYB/CDD procedures, which may include:

● Submitting valid identification and verification documents;

● Disclosing the origin of funds or beneficial ownership;

● Undergoing Enhanced Due Diligence (EDD) in case of higher risk indicators or PEP (politically exposed person) status;

● Promptly updating personal or institutional information upon changes.

Failure to complete KYC/KYB/CDD may result in restricted access to Services or account suspension.

7.3 Ongoing Transaction Monitoring

BigONE applies a risk-based approach to monitor transactions and user behavior, including:

● Real-time automated monitoring for unusual or suspicious activity;

● Manual review and investigation of flagged behavior;

● Escalation, temporary freezing, or blocking of accounts where suspicious patterns are detected.

7.4 Know-Your-Transaction (KYT) and Travel Rule Compliance

In addition to Know-Your-Customer (KYC) and ongoing transaction monitoring obligations, BigONE implements robust Know-Your-Transaction (KYT) procedures to ensure the transparency and legitimacy of digital asset flows on its platform.

BigONE applies the following KYT protocols:

· Automated Blockchain Analytics Tools

All transactions, including deposits and withdrawals, are subject to screening through blockchain analytics solutions to assess the risk level of wallet addresses. Metrics evaluated include risk-score, origin of funds, association with sanctioned or high-risk entities, darknet involvement, or use of mixers/tumblers.

· Transaction Risk Profiling

Transactions are continuously assessed in real-time against historical user behavior, transaction velocity, amount thresholds, counterparties’ jurisdictions, and typologies associated with money laundering, terrorist financing, or sanctions evasion.

· Red Flag Indicators and Alerts

Alerts are generated for transactions exhibiting abnormal or high-risk behavior (e.g., structuring, rapid in-and-out movements, or links to flagged entities). Such transactions are subject to enhanced manual review and may result in escalation to compliance officers.

Travel Rule Implementation

In accordance with the Financial Action Task Force (FATF) Recommendation 16 and applicable regulations of the Astana Financial Services Authority (AFSA), BigONE adheres to the Travel Rule obligations for transfers of digital assets that exceed predefined thresholds.

The Travel Rule requires Virtual Asset Service Providers (VASPs), including BigONE, to:

· Collect and Transmit Originator and Beneficiary Information

For qualifying transfers, BigONE collects, verifies (where applicable), and transmits the following information to the receiving VASP:

a) Full legal name of the originator and beneficiary;

b) Account identifiers (wallet addresses);

c) Nationality, country of residence, and identification document number (if required by law);

d) Purpose of the transaction (in high-risk cases or when required by AFSA).

· Transmission of Information through Secure Protocols

BigONE uses secure messaging or Travel Rule-compliant protocols to transmit required data to counterpart VASPs. We partner only with compliant VASPs or intermediaries that adhere to equivalent Travel Rule standards.

· Failure to Collect/Transmit

In cases where the necessary originator or beneficiary information is missing or cannot be verified, BigONE may reject, delay, or freeze the transaction and report it to relevant authorities where applicable.

BigONE continuously updates its KYT and Travel Rule mechanisms in line with evolving FATF guidance and regulatory changes within the AIFC and global VASP ecosystem.

7.5 Restricted Jurisdictions and Sanctions Compliance

BigONE does not provide services to persons or entities:

● Located in Restricted Jurisdictions or countries subject to international sanctions (e.g., OFAC, EU, UN, UK);

● Included in any international watchlists or sanctioned persons lists;

● Using the Platform in violation of Republic of Kazakhstan or AIFC legislation related to AML/CTF compliance.

By accepting these Terms, you confirm that you are not in breach of any applicable sanctions or AML/CTF laws.

7.6 Legal Reporting Obligations

BigONE may be required to report certain user activities to relevant regulatory or law enforcement authorities, including:

● AFSA (AIFC regulator);

● The Agency for Financial Monitoring of the Republic of Kazakhstan;

● Other competent state authorities, as required by Kazakhstan or international law.

Such reporting may occur without notice or liability to the user.

7.7 Right to Refuse, Suspend or Terminate Services

BigONE may, at any time and without prior notice, refuse to provide Services, freeze assets, suspend or terminate accounts, or delay transactions if:

● You fail to complete KYC/KYB/AML verification;

● You provide false or misleading information;

● Your account activity is deemed suspicious or in breach of applicable AML/CTF laws.

BigONE bears no liability for losses incurred by users as a result of compliance with these obligations.

8. General

8.1 Limitation of Liability

BigONE, its affiliates, officers, directors, employees, agents, licensors, or any other party involved in the creation, development, operation, or delivery of the Platform and Services shall not be liable to you under any legal theory (including but not limited to contract, tort, negligence, or strict liability) for any:

● Direct or indirect losses,

● Incidental, special, exemplary, punitive, or consequential damages,

● Loss of profits, revenue, data, use, goodwill, or other intangible losses,

even if BigONE has been advised of the possibility of such damages or if such damages were foreseeable.

This includes, without limitation, damages resulting from:

● Inability to access or use the Platform or Services,

● System failure or malfunction,

● Any bugs, viruses, or the like, or

● Any unauthorized access to or use of your account or data.

BigONE’s total liability, in any case, shall not exceed the amount set out in the Disclaimer and Limitation of Liability section, subject to applicable law.

8.2 User Responsibilities

By using the Platform, you agree to:

● Maintain the hardware, software, and internet connection necessary to access BigONE;

● Securely store your account credentials and not share them with unauthorized persons;

● Provide true, accurate, and up-to-date information during onboarding, and notify BigONE of any changes;

● Accept full responsibility for any activity conducted through your BigONE Account;

● Bear all applicable charges, taxes, or network fees arising from your use of the Services.

8.3 Digital Asset Protocols and Network Risks

You acknowledge that using Digital Assets, their networks, and protocols involves inherent risks, including but not limited to:

● Extreme market volatility and potential complete loss of asset value;

● Transaction delays or failures due to blockchain congestion or technical failures;

● Permanent loss of Digital Assets sent to incompatible or incorrect addresses (e.g., ERC-20 tokens sent to non-ERC-20 wallets);

● Unexpected changes to protocol rules (hard forks), which may affect asset functionality or access.

BigONE has no control over and makes no guarantees regarding the operation, security, or value of any Digital Asset or network. In the event of a fork, BigONE may suspend services and is under no obligation to support the new protocol.

8.4 Trading System Controls

BigONE reserves the right to:

● Reject orders that exceed volume or price thresholds, or which appear erroneous;

● Temporarily suspend or restrict trading to ensure orderly market operation;

● Amend or cancel transactions impacted by technical errors or malfunction.

8.5 BigONE Obligations

BigONE commits to the following:

● Transparency – to clearly communicate all applicable fees and custody terms;

● Privacy – to protect client information in accordance with data protection laws of the AIFC and Kazakhstan;

● Fair Treatment – to ensure non-discriminatory access and service;

● Security – to safeguard clients' digital assets against theft, loss, or unauthorized access;

● Withdrawals – to allow users to withdraw their assets, subject to verification and applicable fees;

● Dispute Resolution – to provide an independent and timely dispute resolution mechanism;

● Customer Support – to assist users with onboarding, trading, and custody inquiries.

8.6 Fees and Charges

All applicable fees and commissions are listed in the Fees Schedule, publicly available on the BigONE website: Fee Schedule. By using the Services, you agree to pay such fees and authorize BigONE to deduct them automatically, where applicable.

8.7 Scope of Services Provided by BigONE

BigONE provides the following core services in accordance with its licenses issued by the Astana Financial Services Authority (AFSA):

All services are limited to digital assets approved by BigONE. Certain services may be subject to thresholds, verification, and jurisdictional limitations.

9. BigONE Custody Platform

9.1 Access to Custody Services

You may access BigONE's Custody Services only after successfully completing all onboarding procedures, including:

● Identity verification (KYC/KYB);

● Anti-Money Laundering (AML) checks; and

● Approval for account creation within the BigONE Custody Platform.

Upon successful onboarding, you will be granted a Custody Account, which enables you to store supported Digital Assets under BigONE’s regulated custody framework.

9.2 Digital Wallets within the Custody Platform

Your Digital Wallets and the Digital Assets contained therein remain your property and responsibility. BigONE will not initiate any transaction or movement of Digital Assets from your wallet unless it is based on your clear instruction provided through the Platform or is authorized by an individual possessing the required private keys.

In some cases, two private keys may be required to authorize outbound transfers. BigONE does not maintain control over your private keys and is not responsible for initiating transfers without your input.

9.3 Transfer Restrictions and Legal Use

In accordance with the Applicable Rules of the AIFC and the legislation of the Republic of Kazakhstan:

● You are prohibited from using your Custody Account to transfer or receive Digital Assets on behalf of third parties;

● You may not use Digital Assets as a means of payment for goods, services, or labor;

● The Custody Platform is intended solely for investment, trading, and safekeeping purposes.

BigONE reserves the right to freeze or restrict access to your Digital Wallet if there is suspicion of its use in violation of anti-money laundering (AML) or counter-terrorism financing (CTF) laws, or if you attempt to misuse the wallet for third-party transactions or commercial payments.

You acknowledge and accept that in the event your Custody Wallet is frozen due to such violations, you shall not be entitled to compensation or refund, and you waive any right to file a claim for damages.

9.4 Responsibility for Private Keys

You are solely responsible for maintaining the security and confidentiality of your private keys associated with your Custody Wallet.

● BigONE does not control, store, or manage your private keys;

● If you delegate control of your private key to a third party (such as an employee, agent, or representative), whether through the platform or otherwise, you do so at your own risk;

● Any party with access to your private key may gain full control of your Digital Assets, and BigONE bears no liability for any loss, theft, or unauthorized transfer of assets resulting from such delegation.

Once a private key is compromised or misused, you may permanently lose access to your Digital Assets, and BigONE will be unable to reverse or recover such losses.

10. Risks and Conflicts of Interest for the Purposes of Disclosure

10.1 Investment Risk Warning

All investments involve inherent risks. Markets may fluctuate, and there is no guarantee that any investment will retain its value or generate profits. You acknowledge and accept the possibility of a partial or total loss of capital.

More detailed information is available in Section Risk Disclosure of these Terms and in our Risk Disclosure Statement, which can be found on our website: Risk Disclosure Statement.

10.2 Non-Segregated Blockchain Addresses

For operational and security purposes, Digital Assets held on behalf of clients may be stored in blockchain addresses controlled by BigONE. These addresses may also hold Digital Assets belonging to other BigONE clients and/or to BigONE itself.

Although internal records and ledgers maintain clear separation of ownership, BigONE has a regulatory obligation under the Applicable Rules of the AIFC and Kazakhstani legislation to segregate client assets by blockchain address and will take reasonable steps to do so.

10.3 Order Accuracy and Account Balances

BigONE reserves the right, at its sole discretion, to:

● Refuse or cancel any order placed via the Platform;

● Limit quantities per client, account, or order;

● Restrict access if it appears an order is placed by unauthorized third parties, resellers, or in violation of applicable rules.

You agree to provide accurate, current, and complete account information at all times. You also acknowledge that account balances displayed on the BigONE Platform or App are indicative and based on current market prices from platform tickers.

Actual liquidation value may vary due to market conditions, liquidity, or conversion slippage. BigONE is not responsible for differences caused by price fluctuations or execution delays.

10.4 Order Slippage Risk

Order slippage refers to the difference between the expected price of an order and the actual execution price. Slippage may occur, especially:

● During periods of high market volatility;

● When placing market orders with large volumes;

● Due to limited liquidity on the order book.

Slippage can result in better or worse prices than expected. BigONE does not guarantee order execution at the intended price. Slippage within the BigONE Platform occurs only when users place Market Orders. Users are responsible for understanding and factoring slippage into their trading strategies.

10.5 Withdrawal Delay

You acknowledge that it may take up to seven (7) calendar days for your assets to be released after you submit a withdrawal request or upon the closure or cancellation of your BigONE Investment Account. This delay may occur due to settlement finality, internal review, or regulatory compliance checks.

10.6 Transaction and Periodic Statements

BigONE will provide a written confirmation via email for each completed transaction or order. In addition, BigONE will issue a quarterly account statement to the email address you provided during onboarding. This statement reflects account balances, holdings, and activity summaries.

10.7 Indemnification and Finality of Transactions

Unless otherwise expressly stated in these Terms, all purchases and sales of Digital Assets via the DATF are final and non-refundable upon settlement and delivery. You waive any right to claim credit, refund, reversal, or compensation once the transaction has been executed.

11. Privacy Policy

We respect your privacy and are committed to protecting the personal information you share with us in connection with the use of the Services.

11.1 Applicability of Privacy Policy

Your submission of personal data and other information through the BigONE Platform is governed by our Privacy Policy, which forms an integral part of these Terms. The Privacy Policy outlines:

● What types of information we collect;

● How we use and protect your data;

● Your rights under applicable data protection laws.

The current version of the Privacy Policy is available on our website at: Privacy Policy.

11.2 Consent and Acknowledgment

By accessing, registering with, or using the BigONE Services, you expressly acknowledge and agree that:

● You have read, understood, and accepted the terms of our Privacy Policy;

● You consent to the collection, use, storage, processing, and disclosure of your personal data as described therein;

● You understand that your personal data may be processed in accordance with the Applicable Rules of the AIFC and the legislation of the Republic of Kazakhstan, including the AIFC Data Protection Rules and applicable AML/CTF obligations.

11.3 Data Sharing and Compliance

We may disclose your personal information:

● To authorized employees, service providers, and affiliates who require access to deliver the Services;

● To regulators, law enforcement agencies, or other competent authorities where required by law or regulation;

● As otherwise permitted or required under applicable legal frameworks.

We take reasonable technical and organizational measures to protect your personal data from unauthorized access, misuse, or loss.

12. User Content

12.1 Responsibility for User Content

You are solely responsible for any data, information, text, files, media, or other content (“User Content”) that you upload, submit, display, or make available through the Services. BigONE is not liable for the deletion, loss, corruption, unauthorized access, or failure to store or encrypt your User Content, nor for any inability to access your User Content following the suspension or termination of your account.

12.2 Sharing of User Content

If you enable features that allow the sharing of User Content, you understand and accept that others—including, where applicable, the general public—may access, view, use, or distribute your User Content. You are solely responsible for managing access and maintaining the confidentiality of any content you choose to share.

12.3 License to BigONE (Limited Use)

By submitting or making any User Content available through the Services, you grant BigONE and its service providers a limited, non-exclusive, royalty-free, worldwide, and revocable license to use, store, reproduce, transmit, and display your User Content solely as necessary to operate, maintain, and provide the Services to you, and to fulfill our contractual and legal obligations under these Terms.

This license does not transfer ownership of your User Content to BigONE, nor does it authorize BigONE to use your content for advertising, resale, or any commercial purposes beyond the scope of the Services. You represent and warrant that you have all necessary rights, licenses, and permissions to provide and authorize the use of your User Content under these Terms, and that the submission and use of such content do not violate any laws, regulations, or third-party rights.

12.4 User Rights and Responsibilities

Your Rights as a BigONE User:

● Right to transparency – to clear information on fees, custody, and asset safeguards.

● Right to privacy – to the confidentiality of your data and digital assets, in line with AIFC and Kazakhstani data protection laws.

● Right to fair treatment – to non-discriminatory and equal service.

● Right to security – to expect asset protection from theft or unauthorized access.

● Right to withdrawal – to withdraw digital or fiat assets at any time, subject to fees.

● Right to dispute resolution – to transparent, fair, and impartial conflict handling.

● Right to customer support – to access assistance for technical, trading, or custody matters.

Your Responsibilities Regarding User Content:

You agree to:

● Ensure accuracy, quality, and lawfulness of your User Content;

● Comply with all applicable laws, regulations, and these Terms;

● Respond to and resolve any third-party claims related to your User Content, including takedown notices;

● Maintain proper security and backups of your content, including encryption if necessary.

12.5 Prohibited or Inappropriate Content

You may not upload, store, or transmit any User Content that:

● Is unlawful, defamatory, obscene, pornographic, harassing, abusive, libelous, threatening, or otherwise offensive;

● Promotes criminal conduct or illegal activity;

● Violates the intellectual property, privacy, or publicity rights of others;

● Contains or transmits viruses, malware, trojans, spyware, worms, or similar harmful code;

● Harms, threatens, or harasses any individual, group, or entity, including BigONE or its users.

13. Confidentiality and Intellectual Property

13.1 Ownership and Protection of Intellectual Property

The BigONE Platform, Services, and all related proprietary components - including, without limitation, software, source code, algorithms, data structures, content, design elements (including look and feel), trademarks, trade names, patents, copyrights, trade secrets, and all other forms of intellectual property - whether registered or not, are the exclusive property of BigONE or its licensors.

These materials are protected under copyright, trademark, trade secret, and other applicable intellectual property laws of the Astana International Financial Centre (AIFC) and relevant jurisdictions.

You agree not to copy, reproduce, distribute, sublicense, publicly display, translate, reverse engineer, decompile, disassemble, modify, or create derivative works from any part of the Services or BigONE’s intellectual property. Additionally, you may not use any BigONE content or technology for resale, commercial purposes, or data extraction, except as explicitly permitted under these Terms.

13.2 User License

BigONE grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services strictly for lawful purposes and in accordance with these Terms. This license does not include the right to:

● Engage in commercial resale or redistribution of the Services;

● Collect or use any content, descriptions, or pricing data for derivative use;

● Use data mining, bots, or other automated tools to extract information from the Platform.

Unless explicitly authorized in writing by BigONE, you may not:

● Sell, resell, sublicense, assign, or otherwise transfer the Services or related content to any third party;

● Reverse engineer or attempt to extract the source code of the Services;

● Copy or transmit any financial information or content made available through BigONE for use outside the platform.

13.3 Confidentiality Obligations

In connection with your use of the BigONE Services, you may receive or gain access to certain Confidential Information, including but not limited to business models, pricing structures, technical information, algorithms, or internal policies of BigONE.

You agree to keep all Confidential Information strictly confidential, including after the termination of these Terms, and not to disclose it to any third party without BigONE’s prior written consent, unless disclosure is strictly necessary for using the Services and permitted by law. This obligation applies to all forms of Confidential Information, whether oral, written, electronic, or otherwise.

13.4 Notification of Infringement or Misuse

You agree to promptly notify BigONE in writing if you become aware of any unauthorized use, access, or distribution of:

● BigONE intellectual property,

● Confidential Information,

● Financial data or service-related content.

You also agree to fully cooperate with BigONE in investigating and responding to such incidents.

13.5 No Transfer of Ownership

Nothing in these Terms shall be construed as transferring any ownership rights from BigONE to you. All rights, titles, and interests in and to the Services, Platform, and associated materials remain solely with BigONE. Any rights not expressly granted herein are reserved by BigONE.

14. License

14.1 No Implied Rights

Unless expressly stated in Section 13 (“Confidentiality and Intellectual Property”) or elsewhere in these Terms, the User receives no ownership rights or licenses, either express or implied, in or to any content, data, materials, software, or functionality made available through the BigONE Platform, Site, or Services. This includes, but is not limited to:

● Source code, architecture, and algorithms;

● Interface elements (GUI/UX design);

● Market data, analytical reports, or pricing information;

● Downloadable files, documents, or media assets.

All such elements remain the exclusive property of BigONE Investment Ltd.

14.2 Limited Personal Use License

BigONE hereby grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:

● Access and use the BigONE Platform and Services;

● Interact with content and financial data for personal and lawful purposes only;

● Download content, if explicitly allowed, for personal, non-commercial use only, in accordance with these Terms.

This license is subject to the following conditions:

● It does not confer ownership or any intellectual property rights;

● It does not permit commercial redistribution, public display, reverse engineering, or creation of derivative works;

● It may be revoked at any time by BigONE, at its sole discretion.

14.3 Prohibited Uses

Unless separately agreed in writing, you may not:

● Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform or its content;

● Access or use the Services in any way that competes with BigONE’s commercial activities;

● Make available any downloaded materials to third parties;

● Use the Services or data for training AI models or automated data extraction.

14.4 Violation of License Terms

Any use of the BigONE Platform, Site, or Services in violation of this Section shall constitute a material breach of these Terms and may result in immediate:

● Termination of your license and account,

● Civil or criminal liability under the applicable laws of the AIFC and the Republic of Kazakhstan,

● Legal action to protect BigONE’s proprietary rights.

15. BigONE Trademarks and Feedback

15.1 Ownership of Trademarks and Brand Elements

All trademarks, service marks, logos, domain names, branding, trade names, corporate identity elements, and other designations used by or in connection with BigONE Investment Ltd. (collectively, the "BigONE Trademarks") are the exclusive property of BigONE or its affiliated companies. Unless expressly authorized in writing by BigONE, you may not use, reproduce, imitate, display, publish, or exploit any BigONE Trademarks in any form, including but not limited to:

● Promotional or marketing materials;

● Business presentations;

● Social media content;

● Domain names or meta-tags;

● Any other materials that might suggest an affiliation with BigONE or endorsement by BigONE.

Any unauthorized use of the BigONE Trademarks constitutes a breach of these Terms and may infringe trademark laws of the AIFC or other applicable jurisdictions. BigONE reserves all rights to pursue legal action in such cases, including injunctive relief, damages, and compensation.

15.2 No Trademark or Branding License

Nothing in these Terms shall be interpreted as granting:

● A license to use BigONE Trademarks,

● Any proprietary rights in branding or visual elements of BigONE, or

● Any right to represent yourself as affiliated with or endorsed by BigONE.

You agree not to misrepresent or falsely associate your services, products, website, or organization with BigONE.

15.3 Submitting Feedback and Suggestions

If you voluntarily provide BigONE with feedback, suggestions, ideas, recommendations, concepts, or proposals ("Feedback") concerning:

● Improvements to the BigONE Platform or Services,

● Enhancements or modifications of features,

● Technical solutions, visual design, or performance upgrades,

You acknowledge and agree that any Feedback you provide is given without any expectation of confidentiality, compensation, or attribution, and that BigONE will own all rights, titles, and interests in and to such Feedback.

15.4 License to Use Feedback

By submitting Feedback, you grant BigONE and its affiliates a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, and fully sublicensable license to:

● Use, reproduce, incorporate, modify, adapt, publish, translate, distribute, and publicly perform or display the Feedback;

● Create derivative works based on the Feedback;

● Integrate the Feedback into products, documentation, marketing, services, or business processes;

● And exercise any other rights necessary to fully exploit the Feedback without limitation or obligation to you.

This license applies regardless of whether BigONE chooses to implement your Feedback and shall survive termination of your use of the Services.

15.5 Waiver of Moral and Residual Rights

To the maximum extent permitted by applicable law, you waive any moral rights, rights of attribution, or similar rights you may have in relation to your Feedback, as well as any claims against BigONE or its affiliates for compensation, recognition, or liability arising from the use or non-use of that Feedback.

16. Amendments to the Terms

16.1 Right to Amend

BigONE reserves the right to amend, update, modify, or replace these Terms at its sole discretion, including in response to:

● Changes in applicable laws and regulations;

● Updates to the Services or Platform functionality;

● Internal policy changes or operational requirements.

Such amendments will be made in accordance with this Section and, where required, with applicable law.

16.2 Notification of Amendments

Clients will be informed of material amendments to these Terms through:

● Email notifications sent to the address provided during onboarding;

● Publication on the BigONE website, under the Notifications section;

● Update notices upon login or interaction with the Platform, where applicable.

Notification will be made within five (5) business days after the amendments become effective.

16.3 Acceptance of Amendments

Amendments shall be deemed legally binding and incorporated into these Terms upon your express acceptance — such as through electronic means like SMS confirmation, e-signature, or click-through acceptance — or through your continued use of the BigONE Platform or Services after the effective date of the amendments.

If you do not agree to the amended Terms, you must notify BigONE in writing and immediately discontinue use of the Services. In such cases, BigONE reserves the right to terminate the business relationship and close your account in accordance with the termination provisions of these Terms.

16.4 Immediate Effect for Legal Compliance

If any amendment is made for the purpose of compliance with applicable law, regulatory obligations, or requirements of the AIFC, such amendment may take immediate effect without prior notice, where legally permitted.

16.5 User Responsibility to Stay Informed

You are solely responsible for periodically reviewing the Terms and Conditions of Services, which are available at all times on the BigONE website. Your continued access to or use of the Platform constitutes your acknowledgment and acceptance of the most current version.

17. Contact and Official Communication

17.1 General Inquiries

If you have any questions, comments, or concerns regarding these Terms of Use, the BigONE Platform, or the Services provided, you may contact us using the following email address support@bigone.com. 

We will endeavor to respond to general inquiries within seven (7) business days.

17.2 Official Notices and Legal Correspondence

All formal legal communications, including notices of disputes, claims, requests for arbitration, or data protection matters must be submitted in writing and addressed to:

BigONE Investment Ltd.

Attn: Legal Department

55/17 Mangilik Yel Avenue, Office No. 149

Astana, Republic of Kazakhstan, Z05T3F5

legal@bigone.com (for legal notices only)

17.3 Regulatory and Compliance Requests

For issues related to AML/CFT, sanctions compliance, or KYC/KYB-related matters, please contact compliance@bigone.com. We may request additional documentation or verification prior to responding.

17.4 Language of Communication

All official correspondence and customer support with BigONE may be conducted in Kazakh, Russian, or English. We may, at our discretion, provide communications, documents, and notices in more than one language. However, in the event of any inconsistency or conflict between different language versions of the Terms or any related documents, the English version shall prevail for the purposes of interpretation, legal effect, and enforcement.

17.5 Communication Channels

BigONE may also communicate with you via:

● The email address registered to your BigONE Account;

● In-platform message center;

● SMS or mobile notifications (where enabled);

● Official notices published at: Announcements

You are responsible for ensuring your contact details are accurate and up to date at all times.

18. Third Party Services and Non-BigONE Applications

18.1 Overview

The BigONE Platform may provide access to or integration with websites, tools, software, and services offered or operated by third parties. These may include, but are not limited to:

● Links to external regulatory or governmental sites,

● Third-party analytics or charting tools,

● Identity verification services,

● Digital asset custodians or wallets,

● Fiat payment gateways,

● Other Digital Asset Trading Facilities (DATFs).

These connections are provided to support operational functionality or enhance your experience, and are not operated or maintained by BigONE.

18.2 Integration with Non-BigONE Applications

The BigONE Services may include features that interact with third-party software, websites, or services that are not developed or operated by BigONE (“Non-BigONE Applications”). To use such features, you may need to separately obtain a license or subscription for the Non-BigONE Application and provide BigONE with permission to access your account or data within that application.

By enabling a Non-BigONE Application in conjunction with the BigONE Services, you grant BigONE permission to share and exchange data with the third-party provider as necessary for system interoperability. You also acknowledge that BigONE is not responsible for any modification, deletion, or misuse of your content or data caused by the Non-BigONE Application. If the provider of a Non-BigONE Application ceases to support integration with our Services, BigONE may disable that functionality without compensation, refund, or liability.

18.3 Use of Third-Party Services

During your use of the Services, you may encounter or be offered access to products, services, offers, or promotions from external platforms, such as other Digital Asset Trading Facilities (DATFs) or third-party vendors (“Third Party Services”). Such Third Party Services are entirely independent from BigONE.

You acknowledge and agree that:

● BigONE does not control or endorse these Third Party Services;

● We are not responsible or liable for the availability, content, performance, legality, or quality of goods, services, or data provided by such third parties;

● Your interaction with Third Party Services is entirely at your own risk and subject to separate legal agreements between you and the third-party provider.

BigONE does not provide any warranties or assume any liability for losses or damages arising from your use of Third Party Services, including use of external DATFs, exchanges, wallets, or software integrations. Most Third Party Services publish their own Terms of Use and Privacy Policies. It is your responsibility to review and understand those documents before engaging with any such services.

18.4 Categories of Third-Party Services

Third-Party Services and Non-BigONE Applications integrated into the Platform may fall into the following general categories:

● Identity and Compliance Services: including KYC/KYB/AML verification providers, sanctions screening tools, and compliance scoring platforms.

● Custody and Wallet Infrastructure: including third-party custodians, hosted wallets, and decentralized wallet integrations.

● Market Access and Liquidity Providers: including external Digital Asset Trading Facilities (DATFs), execution venues, and trading aggregators.

● Payment Processing and Fiat Gateways: including bank APIs, card payment services, and fiat on/off-ramp providers.

● Analytics, Reporting, and Visualization Tools: including market analytics, tax reconciliation, risk assessment dashboards, and performance indicators.

● Regulatory or Government Services: including interfaces for tax, audit, or legal disclosure compliance.

These categories are indicative and may be updated as BigONE continues to develop its services.

18.5 Custody Integration and External Wallets

BigONE may allow users to connect with or access external custody providers or self-custodial wallet systems, including both institutional-grade custodians and decentralized solutions.

Where such services are used:

● BigONE does not take control of private keys unless explicitly stated;

● Wallet integrations are provided to support user experience, but do not constitute a safekeeping arrangement unless under a separate custody agreement;

● BigONE disclaims responsibility for the loss, theft, or unavailability of digital assets managed through external wallet systems.

Users are expected to understand the structure, security, and backup obligations of any third-party wallet or custody service they choose to use.

18.6 Market Access via Other Digital Asset Trading Facilities (DATFs)

The BigONE Platform may enable Users to access markets operated by external Digital Asset Trading Facilities (DATFs) through technical and operational integration. These external DATFs are legally and operationally independent from BigONE and may be regulated in different jurisdictions, including but not limited to other AIFC-authorised firms, foreign regulated exchanges, or licensed multilateral trading facilities.

Purpose and Scope of Integration

Integration with external DATFs may serve one or more of the following purposes:

● Liquidity aggregation across multiple trading venues;

● Order execution on external markets using BigONE’s interface or smart-routing protocols;

● Display of market depth, price discovery, or execution venue comparison;

● Access to specific asset pairs or token listings not directly available on BigONE’s native order book.

This access may be offered via:

● API-based connectivity;

● White-label or embedded front-ends;

● Inter-exchange execution agreements;

● Cross-platform custody and settlement arrangements.

Nature of Transactions

When placing trades routed to an external DATF:

● BigONE does not act as a market maker or counterparty to the transaction;

● BigONE acts solely as a technical facilitator, enabling the routing of orders or relaying of execution instructions;

● The external DATF remains fully responsible for the handling, execution, and settlement of such trades.

Accordingly, any legal relationship or contractual obligation related to the trade exists between the User and the external DATF, not with BigONE.

Regulatory and Jurisdictional Considerations

External DATFs may operate under:

● The AIFC Market Rules (if licensed by AFSA),

● The regulatory regime of a recognized foreign jurisdiction (e.g., EU, UAE, Singapore, etc.),

● Or a sandbox or restricted license status (e.g., FinTech Lab).

Users should be aware that:

● Execution practices, reporting standards, and client protections may vary depending on the venue;

● Investor protections under AIFC law do not automatically apply to third-party venues unless explicitly stated;

● BigONE has no influence over the operational or regulatory risk profile of such venues.

Execution and Settlement Risks

Execution via external DATFs may involve:

● Delays in trade confirmation or settlement due to third-party systems;

● Variances in price, fees, or slippage compared to BigONE’s internal book;

● Potential limitations on cancellations, modifications, or dispute resolution;

● Exposure to counterparty risk on the external venue (particularly in custodial or pre-funded models).

BigONE does not guarantee:

● Price parity between BigONE and external venues;

● Uninterrupted availability of such routing or trading features;

● Real-time synchronisation of balances across platforms.

Compliance, Controls, and Disclosures

BigONE reserves the right to:

● Restrict access to certain external DATFs based on user profile, residency, or risk classification;

● Impose volume limits, asset restrictions, or settlement conditions for trades routed externally;

● Require additional disclosures, acknowledgements, or agreements prior to activation of access to external markets.

BigONE may suspend, disable, or terminate access to any external DATF without notice if:

● The venue fails to comply with regulatory or contractual obligations;

● There is evidence of operational risk, fraud, or market manipulation;

● Legal or supervisory instructions are issued by AFSA or another competent authority.

18.7 Information Exchange and Data Handling

Where required to support integration, BigONE may exchange specific categories of user data with third-party services or Non-BigONE Applications, such as:

● Verification status or documents (e.g., identity checks);

● Wallet addresses and blockchain transaction references;

● Trading identifiers or account metadata.

This exchange is conducted:

● Strictly for the purpose of providing or maintaining the service;

● In accordance with BigONE’s Privacy Policy;

● Under applicable data protection laws of the AIFC and, where relevant, the Republic of Kazakhstan.

BigONE does not authorize any third party to retain or use shared data beyond the scope of technical integration.

18.8 Suspension or Discontinuation of Third-Party Services

BigONE reserves the right to suspend or discontinue the availability of any Third-Party Service or Non-BigONE Application without notice if:

● The provider discontinues the service;

● Integration becomes technically incompatible;

● The provider’s legal or regulatory status changes;

● The service poses risk to the integrity or security of the Platform.

Suspension or removal does not entitle the user to any compensation, credit, or alternative access.

18.9 Direct Electronic Access (DEA)

Direct Electronic Access (DEA) is a facility offered by BigONE that allows eligible clients to connect directly to the Platform’s trading infrastructure for the purpose of submitting orders and accessing real-time market data without the need for manual intervention by BigONE. DEA is primarily intended for institutional clients, regulated financial institutions, algorithmic traders, brokers, and other professional market participants who meet the necessary technical and regulatory standards.

18.9.1 Forms of DEA

DEA may be granted through various connectivity models, including:

● REST APIs - for standard account management, market data, and trade execution;

● WebSocket APIs - for real-time data streaming and low-latency event handling;

● FIX Protocol (Financial Information eXchange) - for high-frequency institutional order routing and execution;

● DMA (Direct Market Access) bridges - allowing integrated broker-dealer systems to submit client orders directly;

● Custom gateway solutions - designed for colocated or cross-venue institutional infrastructure.

All DEA access points are documented and maintained in accordance with BigONE’s internal systems and security architecture.

18.9.2 Eligibility and Authorization

Access to DEA is subject to a structured eligibility and approval process. Applicants must:

● Complete full onboarding, identity verification, and regulatory screening;

● Sign a DEA Agreement or DEA Annex to the main Terms of Use;

● Demonstrate technical capability to connect securely and reliably to BigONE’s systems;

● Maintain adequate internal risk controls, trading supervision, and operational safeguards;

● Comply with all applicable AIFC Market Rules, including those governing market conduct, system integrity, and algorithmic trading (where applicable).

BigONE reserves the right to reject or revoke DEA access for any applicant or user who fails to meet these conditions.

18.9.3 Controls, Monitoring, and Limitations

To preserve market stability, integrity, and security, DEA connectivity is subject to the following real-time and systemic controls:

● Pre-trade risk filters - including volume limits, price banding, and order frequency controls;

● Intraday throttling - to manage message traffic and prevent abusive or excessive activity;

● Kill switches and auto-block mechanisms - enabling BigONE to suspend or isolate a DEA session immediately if necessary;

● Trade surveillance - including order pattern analysis, wash trade detection, and market abuse monitoring;

● Session authentication and encryption - to ensure secure access and integrity of submitted instructions.

Users accessing BigONE via DEA are expected to adhere to technical interface specifications published by BigONE, and must promptly update systems in line with any changes or patches issued by the platform.

18.9.4 Restrictions and Revocation

BigONE reserves the unilateral right to suspend, limit, or revoke DEA access in the following situations, without liability:

● Discovery of unauthorized use, system manipulation, or rule violations;

● Failure to maintain sufficient operational, legal, or technical standards;

● Detection of errant or algorithmically disruptive order flow;

● Change in the user's legal, regulatory, or risk classification;

● Instruction from a supervisory authority or competent regulator (e.g., AFSA).

DEA access is considered privileged connectivity, and not a guaranteed right. DEA users are required to cooperate fully with any audit, investigation, or request for logs, records, or technical specifications.

18.9.5 Liability and Indemnification

BigONE shall not be liable for:

● Missed executions, slippage, delays, or outages related to DEA sessions;

● Erroneous orders submitted through the DEA channel;

● Any unauthorized activity resulting from breach or compromise of the client’s own infrastructure, systems, or access credentials.

Users accessing DEA shall be held responsible for all activity conducted under their credentials and shall indemnify BigONE against losses or regulatory actions arising from misuse or breach.

19. Passwords and Security

19.1 User Responsibility for Access Credentials

You are solely responsible for maintaining the confidentiality and security of all authentication information associated with your BigONE Account. This includes but is not limited to:

● Login IDs and passwords,

● Private keys or seed phrases linked to your digital wallets,

● Personal identification numbers (PINs),

● Authentication tokens or codes, and

● Any other means of electronic access provided by or used in connection with the Services.

You must ensure that such credentials are stored securely and not shared with any unauthorized party.

19.2 Private Keys and Wallet Access

If you are provided with or generate private keys for use with BigONE-hosted or integrated Digital Wallets:

● You are fully responsible for the safekeeping, encryption, and back-up of such private keys;

● BigONE does not retain copies of user-controlled private keys and cannot restore access to any digital assets lost due to mismanagement or compromise;

● Any unauthorized use of a private key will be deemed as authorized activity unless proven otherwise.

19.3 Unauthorized Access and Breach Notification

You must immediately notify BigONE at support@bigone.com if you become aware of:

● Any unauthorized access to your BigONE Account;

● Any actual or suspected compromise of your credentials, wallet, private key, or related infrastructure;

● Any other security breach affecting your account, system, or network used in connection with the Services.

Upon receiving such notice, BigONE may:

● Suspend account access or restrict transaction activity;

● Request additional information or verification;

● Initiate internal security measures or compliance investigations.

19.4 Cooperation in Security Investigations

You agree to fully cooperate with BigONE in the investigation of any security incident affecting your account. This includes:

● Providing timely information requested by BigONE or its authorized agents;

● Granting access to any audit logs or forensic findings obtained through third-party investigations;

● Taking reasonable steps to mitigate ongoing risk and prevent further compromise.

Failure to cooperate may result in account suspension, legal liability, or reporting to regulatory authorities under applicable AIFC laws.

19.5 Liability for Account Activity

You are responsible for all activity conducted under your BigONE Account, whether or not such activity was authorized by you, including but not limited to:

● Orders submitted using your credentials;

● Asset transfers executed through your connected wallets;

● Third-party access initiated with your login information.

BigONE disclaims all liability for losses or damages arising from unauthorized access to your account caused by your failure to properly secure your authentication credentials, private keys, or systems.

20. Accessing the BigONE Platform from Outside the AIFC and Kazakhstan

20.1 Jurisdiction and Operational Control

The BigONE Platform, including its website, mobile applications, APIs, and all related Services (collectively, the “Platform”), is operated and maintained by BigONE Investment Ltd., a private company authorized by the Astana Financial Services Authority (AFSA) and based within the jurisdiction of the Astana International Financial Centre (AIFC), Republic of Kazakhstan. All activity conducted through the Platform is governed by the Acting Law of the AIFC and its associated regulatory rules and guidance. Where AIFC Law does not apply, the laws of the Republic of Kazakhstan shall govern.

20.2 Cross-Border Access and Availability

Although the Platform may be technically accessible from jurisdictions outside the AIFC or Kazakhstan, BigONE does not guarantee the legal availability, compliance, or suitability of the Services in any other country or territory.

By accessing the Platform from abroad, you acknowledge that you are doing so voluntarily and at your own risk. It is your sole responsibility to ensure that your access and use of the Services comply with all applicable laws and regulations in your local jurisdiction.BigONE disclaims all liability for consequences arising from use of the Platform in jurisdictions where its services are not permitted.

20.3 Local Legal and Regulatory Compliance

Users located outside of the AIFC or the Republic of Kazakhstan must ensure that:

● Use of the Platform is not restricted, banned, or otherwise prohibited in their country of residence;

● They comply with all local regulatory, licensing, tax, reporting, and legal requirements relating to digital assets or financial services;

● They do not use the Platform in a manner that would subject BigONE to unintended regulatory obligations in any foreign jurisdiction.

BigONE reserves the right to deny or restrict access to the Platform or its Services based on your jurisdiction, residency, or risk profile.

20.4 Restricted Jurisdictions

BigONE does not offer or permit access to its Services from certain Restricted Jurisdictions, including countries and territories subject to:

● Comprehensive sanctions or embargoes;

● Digital asset service bans;

● Heightened money laundering or terrorist financing risks.

An up-to-date list of Restricted Jurisdictions is publicly available in the Help Desk Centre on the BigONE website. BigONE may update this list at any time based on internal policy, regulatory guidance, or international obligations. Users are responsible for reviewing the list prior to registering or using the Platform. Access attempts from Restricted Jurisdictions may be automatically blocked.

21. Data Storage and Cross-Border Processing

21.1 Primary Jurisdiction for Data Processing

All personal data and User Content collected by BigONE in the course of providing the Services is primarily stored and processed within the jurisdiction of the Astana International Financial Centre (AIFC), Republic of Kazakhstan, in compliance with:

● The Data Protection Rules of the AIFC;

● BigONE’s internal Information Security and Data Protection Framework;

● And all other applicable AIFC and Kazakhstani laws.

21.2 Cross-Border Transfers of Personal Data

BigONE may, for operational or technical reasons, store or process certain personal data in jurisdictions outside of the AIFC and Kazakhstan, provided that:

● Such jurisdictions are recognised as having an "Adequate Level of Protection" for personal data, as defined by the AIFC Office of the Commissioner of Data Protection or an equivalent international body (e.g., GDPR under the European Commission);

● The transfer is conducted in accordance with applicable cross-border transfer mechanisms, including but not limited to:

a) data transfer agreements,

b) standard contractual clauses,

c) or user consent, where required.

Currently, BigONE may utilize secure storage infrastructure in countries such as the United Kingdom and Germany, both of which are recognized for providing adequate levels of data protection.

21.3 Data Protection Policy

BigONE processes all personal data in accordance with its Personal Data Protection Policy, which sets out:

● The categories of data collected;

● The purposes for which the data is used;

● Data retention periods and access controls;

● Data subject rights and request procedures.

The full policy is available on the BigONE website: Personal Data Protection Policy.

21.4 User Consent and Acknowledgement

By using the BigONE Platform, you:

● Acknowledge that your personal data may be stored or processed in multiple jurisdictions;

● Agree to such cross-border data transfers where applicable;

● Confirm that you have reviewed the terms of the Personal Data Protection Policy.

22. Accuracy, Completeness, and Timeliness of Information

22.1 Informational Disclaimer

The materials, data, and content presented through the BigONE Platform — including pricing, asset descriptions, fee schedules, estimated transaction times, and system status are provided for general informational purposes only and are not guaranteed to be:

● Accurate,

● Complete,

● Current, or

● Free from errors or omissions.

Such content may include automated data feeds, third-party inputs, or algorithmically generated summaries, which may not always reflect real-time market conditions or platform functionality.

22.2 Scope of Content Covered

The scope of potentially affected content includes, but is not limited to:

● Digital asset listings and descriptions;

● Trading pair availability and pricing data;

● Fee rates and promotional discounts;

● Settlement timelines and withdrawal expectations;

● Announcements, banners, or pop-up notices;

● Support content or Help Desk articles;

● Marketing or educational content within the Platform.

22.3 Right to Correct and Modify

BigONE reserves the right, without prior notice, to:

● Correct any typographical, factual, or pricing errors;

● Modify, update, or remove inaccurate or outdated content;

● Cancel or reverse orders, promotions, or service actions based on incorrect or outdated information - even after submission or confirmation.

In cases where such corrections materially affect your transaction, you may receive notification via the Platform or your registered email address.

22.4 Responsibility of the User

It is your responsibility to:

● Cross-check time-sensitive data (such as exchange rates or gas fees) before submitting any transaction or order;

● Regularly review official notifications, product documentation, and pricing schedules;

● Consult with qualified advisors when making financial, legal, or tax decisions based on information from the Platform.

BigONE shall not be held liable for any losses, damages, or opportunity costs resulting from reliance on outdated, incomplete, or inaccurate information published on the Platform.

22.5 Historical or Archived Information

Certain data displayed through the Services may be historical (e.g., previous performance, completed trades, or past announcements). This historical content:

● Is presented solely for archival or reference purposes;

● May not reflect current market conditions, platform availability, or regulatory status;

● Should not be relied upon as indicative of future performance or platform obligations.

22.6 No Obligation to Update

Except where required by applicable law, BigONE does not undertake any obligation to:

● Update information proactively;

● Notify users of every correction or content revision;

● Maintain version history or changelogs for informational material.

For legally binding terms and the most current version of service conditions, users should refer to the official Terms of Use and published notifications available on the BigONE website.

23. Disclaimer and Limitation of Liability

23.1 General Disclaimer

You expressly acknowledge and agree that your use of the BigONE Platform, the BigONE Site, the Services, Tools, or any related products is entirely at your own risk. All services are provided on an "as is", "as available", and "with all faults" basis. BigONE disclaims all warranties, express or implied, to the fullest extent permitted by law.

23.2 No Warranties or Representations

BigONE makes no warranties, either express or implied, including but not limited to:

● Merchantability, satisfactory quality, fitness for a particular purpose, non-infringement;

● Uninterrupted or error-free access to the Services;

● Reliability, availability, accuracy, timeliness, or completeness of data or content;

● Immunity from viruses, malware, security breaches, or data loss.

This applies to all Services, tools, trading functionality, third-party content, and any data transmitted through or stored on the Platform. There are no warranties that:

● The Services meet your expectations or are suitable for your goals;

● Any information or recommendation by BigONE staff constitutes investment advice;

● Data derived from third-party exchanges or protocols is accurate, secure, or complete;

● The Platform or any functionality will remain unchanged, uninterrupted, or available indefinitely.

23.3 Limitation of Liability

To the maximum extent permitted by applicable law, BigONE, its parent company, affiliates, directors, officers, employees, contractors, agents, licensors, suppliers, or service providers shall not be liable for any:

● Direct, indirect, incidental, punitive, or consequential damages;

● Loss of profit, income, revenue, trading opportunity, savings, or business;

● Data loss or system failure;

● Damage to reputation or goodwill;

● Losses arising from inaccurate, outdated, or unavailable content;

● Losses related to the inability to access or use the Platform or Services;

● Damages from third-party services or digital asset protocol errors.

This applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if BigONE was advised of the possibility of such damages.

23.4 Maximum Liability Cap

If BigONE is found liable in connection with the Services, its total aggregate liability shall not exceed either the total combined value of the User’s Digital Assets and Fiat Currency held within verified wallets on the BigONE Platform at the time of the incident, or, in the case of a transaction-specific claim, the notional value of the transaction in dispute. This cap represents your sole and exclusive remedy.

23.5 Specific Exclusions

BigONE shall not be liable for:

● Any loss of anticipated profits, gains, or hypothetical returns (e.g., trading losses);

● Business interruption, lost customer base, lost market position, or overheads;

● Hardware/software failure or data corruption;

● Forks in blockchain protocols or network changes beyond BigONE's control;

● The behavior or solvency of other Digital Asset Trading Facilities (DATFs);

● Any damage arising from use of educational or illustrative materials published by BigONE;

● Any adverse financial decision made based on Platform content, past performance, or hypothetical examples;

● Any issue resulting from BigONE’s compliance with legal or regulatory obligations;

● Charges incurred by your issuing bank or card provider for using the Services;

● Loss of access to Digital Assets due to mismanagement of private keys or credentials.

23.6 Protocol-Level Risks

You acknowledge that BigONE does not control or maintain blockchain protocols and is not responsible for:

● Forks, upgrades, or failures of any digital asset protocol;

● Incompatibility with wallets or third-party tools;

● Network congestion, mining delays, or finality inconsistencies;

● Permanent loss of assets due to unsupported or misdirected transactions.

In the event of a hard fork or network event, BigONE reserves the right to suspend or permanently disable Services related to the affected Digital Asset.

23.7 Changes to Services and Legal Position

BigONE reserves the right, without obligation, to:

● Update, enhance, modify, or discontinue any part of the Platform;

● Correct, amend, or remove any functionality, content, or feature;

● Issue advance notifications for major changes (minimum 5 business days) via:

a) Official notifications section: Announcements

b) Email to registered clients.

Continued use of the Platform may require e-signature or SMS confirmation of your agreement to amendments.

23.8 User Responsibility and Risk Acknowledgement

You acknowledge and accept full responsibility for:

● Evaluating the risk of using Digital Assets;

● Consulting legal, tax, and financial professionals before using the Platform;

● Verifying the suitability of strategies, financial products, or any material for your personal or institutional profile.

BigONE does not guarantee profitability, success, or outcome of your trading activities.

Any example trades, screenshots, or testimonials presented on the Platform are for educational and illustrative purposes only, and not intended as recommendations.

23.9 Communication and Support Disclaimer

Any communication, suggestion, or explanation provided by BigONE support personnel shall be deemed informational only and shall not constitute legal or investment advice, or form any contractual obligation or commitment. Availability of support may vary depending on region, language, and platform infrastructure.

23.10 Final Provisions

If any clause in this section conflicts with other provisions in the Terms, this section shall prevail with respect to BigONE’s liability. Nothing in this section shall exclude or limit liability that cannot be lawfully excluded under AIFC or Kazakhstani law (e.g., for fraud or intentional misconduct). Users accessing the Services confirm that they do so voluntarily and at their own risk, in full understanding of the nature of digital assets and financial markets.

24. Cost of Service(s) and Asset Storage

24.1 Acceptance of Fees and Charges

By accepting these Terms and Conditions of Services, you explicitly acknowledge and agree that BigONE is entitled to charge fees in connection with the provision of its Services, including but not limited to:

● Custody and safekeeping of Digital Assets,

● Transaction execution (including spot or OTC trades),

● Account maintenance, withdrawal, or deposit operations,

● And any other services provided through the Platform.

All fees applicable to the Services are outlined in the Fee Schedule available on the BigONE website: BigONE Fee Schedule.

BigONE may, at its discretion, deduct the applicable service fees directly from your BigONE Account balance, including any associated Digital Asset holdings.

24.2 Advance Notice of Fee Changes

We reserve the right to change, modify, update, or increase any fees at any time, including:

● Network-related charges (e.g., blockchain transaction fees),

● Custody or storage fees,

● Execution spreads or trading commissions.

You will be notified in advance of any material changes to the Fee Schedule through one or more of the following channels:

● BigONE’s official Announcements Page;

● Email sent to your registered address;

● SMS or in-app push notification.

It is your responsibility to review all such notices and the updated Fee Schedule. Continued use of the Platform after the effective date of any fee change constitutes your acceptance of the updated terms and authorizes BigONE to apply the new fee structure to your account.

24.3 Authorization to Deduct Fees

You hereby authorize BigONE to:

● Automatically charge or deduct fees from your account balances (Fiat and/or Digital Assets),

● Withdraw applicable service fees related to completed or pending transactions,

● Apply accrued storage or account maintenance fees as stated in the Fee Schedule.

Fees will be applied in the same currency or asset class in which the transaction occurred unless otherwise specified.

24.4 Binding Nature of Fee Schedule

By registering and maintaining a BigONE Account and by continuing to use the Platform, including:

● Logging into your account,

● Submitting API calls with your credentials,

● Or authorizing transactions on your behalf,

you confirm your agreement with the then-current Fee Schedule. If you do not agree with the updated fees, you must cease using the Services and initiate account closure before the changes take effect.

24.5 External Network and Third-Party Fees

In addition to fees established and charged by BigONE as outlined in the official Fee Schedule, you acknowledge and accept that certain external fees may apply when using the Platform. These fees are set by third-party networks, systems, or service providers and are beyond BigONE’s control. They include, but are not limited to:

Blockchain Network Fees (Gas Fees)

When initiating a transaction that interacts with public blockchain networks (such as Bitcoin, Ethereum, BNB Chain, or Tron), you are required to pay a network fee. This fee is:

● Not collected by BigONE,

● Determined by the underlying blockchain protocol based on current network congestion,

● Used to incentivize validators or miners who process and confirm transactions.

These fees may fluctuate significantly and are not fixed or guaranteed. You will be informed of the estimated network fee at the time of initiating a transaction, and you may have the option to adjust it (if applicable).

Fiat Payment Processing Fees

If you deposit or withdraw fiat currency via external banking systems or payment processors, additional transactional or currency conversion fees may be charged by:

● Your issuing bank,

● Card provider,

● Payment gateway, or

● Intermediary financial institution.

Such fees vary by provider and may include international wire fees, card surcharges, or foreign exchange rate margins.

Third-Party Custody and Infrastructure Providers

Where applicable, use of third-party custodians, wallets, infrastructure bridges, or API-based market data sources may be subject to their own pricing models. These providers may charge for:

● Secure storage or insurance of assets;

● Access to market data or API usage beyond defined thresholds;

● Advanced trading tools or analytics.

BigONE does not receive any portion of these charges, nor is it responsible for notifying you of such external pricing.

24.6 Responsibility for External Fees

You acknowledge that:

● You are solely responsible for reviewing and understanding all applicable non-BigONE fees before initiating any transaction;

● BigONE has no obligation to reimburse, refund, or offset such fees under any circumstances;

● Delays, rejections, or partial execution of transactions due to underpaid or miscalculated external fees are your own responsibility.

You are encouraged to consult with your financial institution or wallet provider regarding any applicable charges that may be incurred through the use of the Platform and Services.

25. Product Updates, Changes to the Service, and Prices

25.1 Right to Modify or Discontinue the Services

BigONE reserves the right, at its sole discretion, to modify, update, enhance, correct, limit, suspend, or permanently discontinue any aspect of the Services or Platform, in whole or in part, including:

● The underlying technology, functionality, or features of the BigONE Platform;

● The structure and format of Content provided via the Services;

● The availability of specific trading pairs, custody features, or account types;

● The interface, design, or layout of the BigONE Site or App.

These changes may be temporary (e.g., for maintenance) or permanent (e.g., service termination). BigONE shall not be liable to you or to any third party for any modification, price change, suspension, error, malfunction, or discontinuation of the Services or any component thereof.

25.2 Advance Notice and Consent for Material Changes

In the event of any material changes to the Services or the Fee Schedule — such as the introduction of a new charge, removal of a feature, or discontinuation of a core service —you will be notified at least five (5) business days in advance through an official announcement on the BigONE website and a broadcast email sent to the address associated with your account.

You may be required to formally acknowledge and accept these changes via e-signature on the Platform or SMS confirmation using your verified number. Failure to provide such acceptance may result in limited access to the Services or termination of the business relationship.

25.3 Pricing Changes

All prices and fees associated with BigONE Services, including but not limited to:

● Trading commissions,

● Custody or withdrawal fees,

● Premium services or subscriptions,

are subject to change without prior notice, except where specifically required by applicable law or regulation. Updated pricing will be published in the official Fee Schedule on the BigONE website.

Your continued use of the Services after the changes come into effect constitutes acceptance of the new pricing.

25.4 Software and App Updates

BigONE may deploy scheduled or unscheduled software updates to improve performance, address bugs, enhance security, or add/remove features. This may include updates to:

● Mobile applications;

● Desktop software or APIs;

● Back-end platform infrastructure.

Depending on your device settings, updates may be applied automatically, or you may be prompted to download the latest version manually from your app store or the BigONE website. It is your responsibility to ensure that you are using the most recent and secure version of the BigONE App or API to avoid service disruptions or security vulnerabilities.

25.5 Extended Downtime and User Rights

While BigONE makes commercially reasonable efforts to ensure the continuous availability of its Platform and Services, certain updates, upgrades, or maintenance operations may require temporary suspension of access to the Platform, including the BigONE Site, App, or APIs. If access to the Platform is unavailable for more than twenty-four (24) consecutive hours due to scheduled or unscheduled system updates, you have the right to contact BigONE’s Client Support Team via email at support@bigone.com to request clarification regarding the expected duration of the downtime and the status of your account or transactions.

Your inquiry should include:

● Your full name and registered email address,

● Your BigONE Account ID (if available),

● A brief description of the issue or concern.

BigONE will respond to all such inquiries in a timely manner and may, where appropriate, provide:

● An estimated timeframe for service restoration,

● Status updates on critical operations (e.g., asset custody, pending orders), and

● Guidance on next steps or alternative contact methods.

In the event of prolonged technical maintenance exceeding 72 hours, BigONE will also issue a formal notification on its official status page or Help Desk Centre, outlining the cause of the interruption and the planned resolution path.

26. Availability of Services

26.1 No Guarantee of Uninterrupted Access

While BigONE aims to provide high levels of service availability and operational continuity, you acknowledge and agree that the availability, performance, and functionality of the Platform and Services are subject to a range of internal and external factors. These include, but are not limited to:

● The status and performance of communication and internet networks,

● The proper functioning of user-side hardware, software, and connectivity,

● The availability and reliability of cloud hosting infrastructure and blockchain nodes,

● The operational integrity of third-party service providers, including but not limited to:

a) Blockchain data feeds,

b) Fiat gateways,

c) Analytics tools,

d) Digital custody providers.

26.2 No Warranty of Continuous Service

BigONE makes no representation, warranty, or guarantee regarding:

● Uninterrupted, timely, or error-free access to any part of the Platform;

● The continuous availability of any particular asset, feature, or trading function;

● The full or partial immunity of Services from:

a) Latency,

b) System errors or bugs,

c) Server outages,

d) Unauthorized access, or

e) Malicious attacks (including DDoS, exploits, or other disruptions).

The Platform may be temporarily unavailable for scheduled maintenance, system upgrades, emergency recovery, or other operational reasons. BigONE will make reasonable efforts to notify users of planned downtime in advance and to minimize disruption.

26.3 Limitations Due to Third-Party and External Dependencies

You acknowledge that parts of the Platform rely on external systems and service providers that are beyond BigONE’s direct control, including but not limited to:

● Global blockchain networks,

● Domain name system (DNS) providers,

● Internet backbone and routing services,

● App store distribution (Apple App Store, Google Play),

● External authentication, KYC/KYB/AML vendors,

● Fiat transaction processors or bank partners.

Any disruption, degradation, or delay in the performance of these third parties may result in temporary suspension, limitation, or loss of access to BigONE Services. BigONE shall not be liable for such interruptions.

26.4 Cybersecurity and Force Majeure Risks

BigONE shall not be responsible for unavailability or degraded performance caused by:

● Cyberattacks, security breaches, malware, or unauthorized system intrusions;

● Natural disasters, governmental actions, war, terrorism, civil unrest;

● Pandemic-related impacts, labor disputes, or utility failures;

● Unforeseeable technical failures not caused by BigONE’s negligence.

These events may constitute force majeure, and BigONE shall not be liable for delays or failure to perform due to such causes.

26.5 Access Recovery and Status Communications

In the event of significant or prolonged unavailability — including downtime exceeding 24 consecutive hours — users are encouraged to contact BigONE Client Support at  support@bigone.com monitor the official status page or Help Centre for real-time updates.

BigONE will:

● Communicate relevant updates through verified channels;

● Provide estimates for service restoration (if available);

● Ensure proper reconciliation of user balances, pending orders, and in-process transactions upon service restoration.

26.6 User Responsibility for Monitoring Access

You are responsible for:

● Maintaining stable internet access and device compatibility;

● Updating your app or client software as required;

● Staying informed about Platform status and planned maintenance windows;

● Regularly checking the Notifications Section for service updates.

27. Suspension and Termination

27.1 Termination by the User

You may terminate your relationship with BigONE at any time by withdrawing all digital and/or fiat assets from your BigONE Account and completing the account deauthorization procedure through the Platform interface. Termination becomes effective once all funds have been withdrawn and your account is fully deactivated.

27.2 Termination or Suspension by BigONE

BigONE reserves the right, at its sole discretion and without prior notice, to:

● Refuse to process, cancel, or block any transaction — even after funds have been debited;

● Reject new orders or limit trading in your account;

● Freeze or restrict access to your assets;

● Suspend, deactivate, or permanently close your BigONE Account, including related or beneficial accounts;

● Investigate your activity or require supporting documentation.

Such actions may be taken for any reason, including but not limited to:

● Actual or suspected violation of these Terms;

● Breach of applicable laws or regulations;

● Actions that may cause legal liability for BigONE or disrupt other users;

● Inactivity of the account for 3 years or more;

● Technical outages, scheduled maintenance, or force majeure;

● Suspicious activity, fraud, or unauthorized access attempts;

● Directive from a court or regulatory authority;

● Pending or ongoing litigation, investigation, or enforcement involving your account.

BigONE is under no obligation to disclose the reasons or internal criteria for suspension or termination, as these may form part of our internal security, compliance, and risk-management policies.

27.3 Consequences of Termination or Suspension

If your account is suspended or closed:

● You remain responsible for any outstanding fees, charges, or obligations;

● You agree to cooperate with any BigONE request or investigation within the specified timeframe;

● Any violation-related damages may be debited from your account;

● Reinstatement of access may require full account re-verification;

● We may delay or deny fund release if required by applicable law or authority;

● Suspended or canceled transactions are not guaranteed to be reinstated on prior terms.

27.4 Return of Funds After Termination

Upon full termination of your account, and subject to regulatory approval, BigONE will return your remaining assets to the bank account or digital wallet address you provided, less applicable withdrawal fees, discounts, rebates, or damages, if any. If we are prohibited by law, court order, or regulatory instruction from releasing your funds, we will comply accordingly.

27.5 Termination of the Platform or Services

BigONE may, at any time and at its sole discretion, decide to cease the operation of the Platform or any part of the Services, temporarily or permanently. You will be notified in advance of any such decision through a broadcast email sent to your registered address and a public notice published on the BigONE website. A minimum notice period of five (5) business days will be provided. After this period, you may be required to accept changes via e-signature or SMS before further use.

BigONE shall not be liable for:

● Loss of data due to service termination,

● Inability to access your account during wind-down,

● Or any indirect losses resulting from the discontinuation of Services.

27.6 Continuing Provisions

Any section of these Terms that, by its nature, should survive termination shall remain in effect, including but not limited to:

● Disclaimer and Limitation of Liability,

● Confidentiality and Intellectual Property,

● User Obligations,

● Arbitration, and

● General Terms.

Termination shall not affect any legal claims, rights, or obligations existing prior to the date of termination.

28. Taxes

28.1 No Tax Advice

BigONE does not provide tax, legal, or accounting advice. Any information provided through the Platform is intended for general informational purposes only and should not be construed as advice on personal tax obligations. You are solely responsible for determining, reporting, and fulfilling all tax liabilities arising from your use of the Services, including but not limited to:

● Buying, selling, holding, or transferring Digital Assets;

● Earning rewards or rebates;

● Engaging in custody, exchange, or investment activities.

We strongly recommend that you consult with a qualified tax advisor, accountant, or local tax authority to assess the tax treatment applicable to your personal or business circumstances.

28.2 User Responsibility for Tax Obligations

You agree that you are solely responsible for:

● All applicable taxes, duties, levies, and similar assessments, including but not limited to value-added tax (VAT), sales tax, use tax, income tax, capital gains tax, and withholding tax;

● Any required tax declarations or filings with tax authorities in your jurisdiction;

● All legal, regulatory, and financial consequences arising from underreporting or non-payment of taxes.

BigONE shall have no liability or obligation to calculate, collect, or remit taxes on your behalf, unless expressly required by applicable law.

28.3 Taxes Not Included in Fees

Unless otherwise specified, all fees published by BigONE are exclusive of applicable taxes. This means that service fees do not include VAT, sales tax, or other transactional taxes. If such taxes apply, they may be added to your invoice or deducted from your account balance. If you are tax-exempt, it is your responsibility to provide a valid exemption certificate issued by the appropriate taxing authority. Without such documentation, all required taxes will be added and payable by you.

28.4 Withholding Obligations and Assistance

If applicable law requires you to withhold taxes on payments made to BigONE (“Withholding Taxes”), you agree to:

● Promptly provide official tax receipts or similar documents confirming that such taxes were paid to the appropriate authority;

● Cooperate in good faith with BigONE to assist in obtaining any lawful tax reductions, exemptions, or credits;

● Complete and submit any required forms (e.g., W-8BEN, W-9, or local equivalents) to support international tax compliance efforts.

You agree not to withhold any portion of payments to BigONE unless explicitly required by applicable law and to notify us in advance if withholding is necessary.

28.5 BigONE’s Own Tax Obligations

BigONE is responsible only for taxes imposed on its own income, property, or employees under the laws of its registered jurisdiction (the “BigONE Taxes”). These do not include transaction-related taxes arising from your use of the Platform.

29. Indemnification

29.1 Mutual Indemnity

Each party - BigONE and the User (Client) - agrees to indemnify, defend, and hold harmless the other party, its affiliates, officers, directors, employees, and agents from and against any and all:

● Claims,

● Damages,

● Losses,

● Liabilities,

● Penalties,

● Fines,

● Costs and expenses, including reasonable legal fees,

that arise out of or relate to:

● Any breach of these Terms of Use;

● Any negligent, fraudulent, unlawful, or unauthorized use of the Services;

● Violation of any applicable law, regulation, or third-party rights;

● Failure to fulfill tax or regulatory obligations imposed by your jurisdiction.

29.2 Client’s Indemnification of BigONE

The Client shall indemnify and hold BigONE harmless only to the extent that the claim, loss, or damage:

● Does not arise from BigONE’s own direct or indirect fault, willful misconduct, gross negligence, or breach of legal duty;

● Results from actions or omissions by the Client, including third parties using the Client’s account with or without authorization;

● Is not caused by systems or infrastructure failures within BigONE’s control.

In such cases, the Client will:

● Assume full responsibility for the legal defense of any claim brought against BigONE;

● Cover reasonable attorneys’ fees and all other legal expenses incurred by BigONE in the course of defending the claim;

● Cooperate in good faith with BigONE throughout any legal proceeding or regulatory investigation.

29.3 Survival and Transferability

This indemnity clause shall:

● Survive the termination or expiration of these Terms of Use;

● Remain binding on both parties regardless of any cessation of Services;

● Extend to and be enforceable by either party’s respective heirs, legal representatives, successors, and assigns.

30. Governing Law and Dispute Resolution

30.1 Legal Framework

These Terms of Use, along with any contractual, pre-contractual, or non-contractual obligations arising from or related to the use of the BigONE Platform or Services, are governed by and interpreted in accordance with the following legal framework:

Primary Law: The Acting Law of the Astana International Financial Centre (AIFC), including all relevant statutory acts, rules, regulations, guidance, and judicial practices adopted by the AIFC Court and the Astana Financial Services Authority (AFSA).

Supplementary Law: The laws of the Republic of Kazakhstan, but only where the matter is not expressly governed by AIFC law and provided such application does not conflict with the core regulatory objectives or legal framework of the AIFC.

Conflict of Laws: Both parties expressly waive the application of any conflict of laws rules, whether domestic or international, that could result in the application of a legal regime outside the AIFC or Kazakhstan.

30.2 Language and Interpretation

The official and governing language of these Terms and any related contractual documentation shall be English. Where these Terms have been translated into Kazakh or Russian, such translations are provided for convenience only. In the event of any discrepancy, the English version shall prevail. All proceedings, legal notices, regulatory disclosures, and correspondence relating to dispute resolution shall be conducted in English.

30.3 Dispute Resolution Procedure

All disputes, whether contractual or non-contractual, including but not limited to questions regarding the formation, validity, interpretation, performance, breach, or termination of these Terms or any Services offered by BigONE, shall be resolved as follows:

Step 1: Written Notice

Either party may initiate a dispute resolution procedure by serving a written notice of dispute to the other party. This notice shall:

● Identify the nature and basis of the claim;

● Set out the facts relied upon;

● Provide evidence supporting the allegations (if applicable);

● Specify the remedy or corrective action requested.

Step 2: Good Faith Negotiation Period

Upon receipt of the notice, both parties shall enter a mandatory thirty (30) calendar day negotiation period during which they will make a good faith effort to resolve the matter amicably. Meetings may be conducted in person, virtually, or through written correspondence. Throughout this period, both parties are expected to act with transparency, fairness, and a genuine willingness to compromise.

Step 3: Referral to AIFC Court

If the dispute is not resolved during the negotiation period, either party may refer the dispute to the AIFC Court.

30.4 AIFC Court Jurisdiction

The parties irrevocably agree that all disputes arising out of or in connection with these Terms shall fall under the exclusive jurisdiction of the AIFC Court, located in Astana, Republic of Kazakhstan.

The AIFC Court shall have jurisdiction over:

● Contractual and tort claims;

● Administrative and regulatory compliance matters;

● Enforcement of rights or injunctive relief;

● Disputes involving digital assets, custody, trading facilities, or service suspension.

The parties waive any objection to venue or jurisdiction based on forum non conveniens or similar doctrines.

30.5 Interim and Emergency Relief

Nothing in these Terms prevents a party from applying to the AIFC Court for urgent interim or injunctive relief, including:

● Freezing orders (injunctions),

● Protection of digital assets from dissipation,

● Preservation of evidence, or

● Mandatory performance of obligations (specific performance).

Such relief may be sought without first completing the negotiation period, where delay would risk irreparable harm or make judicial enforcement ineffective.

30.6 Enforcement of Judgments

Any judgment, order, or award issued by the AIFC Court shall be final, binding, and enforceable in accordance with:

● AIFC legal procedures;

● The laws of the Republic of Kazakhstan;

● International treaties on the recognition and enforcement of foreign judgments (where applicable).

Both parties agree to comply fully with any decision rendered by the AIFC Court, including paying damages, performing or ceasing acts, and covering legal costs as ordered.

30.7 Severability of Dispute Clause

If any provision, term, sentence, paragraph, or phrase within Section 30: Governing Law and Dispute Resolution is determined to be invalid, illegal, void, or otherwise unenforceable by a court of competent jurisdiction or regulatory authority, then:

● That specific portion shall be deemed severed from the remainder of Section 30 and shall not affect the validity, legality, or enforceability of the remaining parts of Section 30 or the Terms of Use as a whole.

● The remainder of the dispute resolution framework shall be construed as if the severed provision had never been included, and the rights and obligations of the parties shall be interpreted accordingly.

● Where possible, the severed portion shall be replaced with a valid, lawful provision that most closely reflects the original commercial and legal intent of the parties, consistent with:

a) The AIFC legal framework,

b) Applicable rules of interpretation, and

c) Public policy.

● This clause applies to, but is not limited to:

a) Exclusive jurisdiction wording,

b) Mandatory pre-litigation negotiation periods,

c) References to the English language as the procedural language,

d) The enforceability of AIFC Court decisions in other jurisdictions.

The parties agree that partial unenforceability shall not be used as grounds to challenge the enforceability of the dispute resolution mechanism as a whole. If the severed portion is fundamental to the structure of the dispute resolution clause, the parties shall, in good faith, negotiate a substitute clause that preserves the economic and legal equilibrium of the Agreement.

31. Interpretation

This section governs the interpretative principles applicable to these Terms and Conditions of Services (“Terms”), including the usage of language, structure, and intent. The following rules shall apply:

31.1 Use of the Terms “Include” and “Including”

Unless the context expressly requires otherwise, the words “include”, “includes,” and “including” as used in these Terms shall be interpreted to mean “including without limitation”. Accordingly, any enumeration or examples provided are illustrative and not exhaustive and do not restrict the generality of the preceding language.

31.2 Language of Contract and Interpretation

These Terms have been executed and shall be interpreted in the English language. If BigONE provides translations of these Terms in other languages (such as Kazakh or Russian) for informational or accessibility purposes, such translations are non-binding and provided solely for convenience. In the event of any conflict or inconsistency between versions, the English version shall prevail and be legally binding. All contractual, regulatory, and dispute resolution proceedings shall be conducted exclusively in English.

31.3 Structure, Headings, and Formatting

The division of these Terms into numbered sections, articles, sub-clauses, and headings is for convenience of reference only and shall not affect the meaning, construction, or interpretation of any provision. References to specific sections, clauses, appendices, or schedules shall be construed as references to those forming part of these Terms unless expressly stated otherwise.

31.4 Obligatory Language

The words “shall”, “will”, and “must” indicate binding legal obligations and shall be construed interchangeably as mandatory terms. The use of permissive terms such as “may” or “might” shall indicate discretion unless the context explicitly suggests otherwise.

31.5 No Presumption Against Drafter

These Terms shall be interpreted in a neutral and balanced manner, without regard to which party drafted them. The parties acknowledge that each provision has been jointly reviewed and negotiated, and no clause shall be construed against either party on the basis of authorship. This agreement reflects the mutual intent and understanding of both parties.

31.6 No Third-Party Rights

Nothing in these Terms shall be interpreted as creating any rights or remedies for individuals or entities who are not parties to this agreement. Unless expressly stated otherwise, no third party shall be considered a beneficiary of these Terms.The rights and obligations contained herein shall apply exclusively between BigONE and the User.

31.7 Waiver by Delay or Omission

No delay, omission, or failure by either party to enforce or exercise any right, power, or remedy under these Terms shall:

● Constitute a waiver of that or any other right;

● Impair the subsequent exercise of that right or remedy;

● Be deemed a continuing waiver.

All rights and remedies herein are cumulative and not exclusive of any rights provided by law or equity.

32. Complaints Handling

BigONE is committed to ensuring that all client concerns and complaints are handled promptly, fairly, and transparently. This section outlines how Users may raise complaints and the procedures BigONE follows in handling them.

32.1 Complaints Policy Access

BigONE maintains a formal Complaints Handling and Dispute Resolution Policy, which is accessible at any time through our Help Desk Centre. The full procedure, including submission guidelines, investigation timelines, and escalation steps, is available at:
Complaints Handling Procedure. This resource is provided free of charge and outlines your rights and responsibilities as a User.

32.2 Submitting a Complaint

If you are dissatisfied with any aspect of the Services, support, or communication provided by BigONE, you may submit a formal complaint by:

● Completing the online complaint form via your BigONE account or Help Desk;

● Sending a written description of your complaint to complaints@bigone.kz;

● Mailing a physical letter to our headquarters:

BigONE Investment Ltd.

55/17 Mangilik Yel Avenue, Office No. 149,

Astana, Republic of Kazakhstan, Z05T3F5.

When submitting a complaint, please provide the following:

● a detailed description of the issue and the circumstances surrounding it;

● your full name, contact details, and registered BigONE Account ID;

● supporting documentation (e.g., screenshots, transaction IDs, correspondence);

● the outcome or resolution you expect, and your rationale for it.

32.3 Handling and Investigation Process

Upon receipt of your complaint:

● BigONE will confirm receipt within five (5) business days;

● We will conduct a thorough investigation and aim to issue a full response within sixty (60) business days;

● In complex cases requiring extended time, we will inform you of any delays and the expected resolution date.

BigONE may contact you to request additional information or clarification in order to complete the investigation effectively.

32.4 Internal Resolution Required Before Escalation

By accepting these Terms, you acknowledge and agree to first complete BigONE’s internal complaints process before escalating any complaint to a third-party body, regulator, or arbitration panel. You also agree to cooperate with BigONE in good faith throughout the resolution process.

32.5 Regulatory Complaints – AFSA

If your complaint is not resolved to your satisfaction or you believe that BigONE has breached its regulatory obligations, you may contact the Astana Financial Services Authority (AFSA), the independent financial regulator of the AIFC.

You can submit a regulatory complaint to AFSA via:

● Email: fintechlab@afsa.kz

● Phone: +7 (7172) 64 72 60

● Mail or in-person:

Astana Financial Services Authority (AFSA)

55/17 Mangilik Yel Avenue, Block C3.2

Astana, Republic of Kazakhstan, Z05T3D8

AFSA will review complaints in accordance with its regulatory framework and supervisory functions over licensed firms operating in the AIFC.

33. Deposits, Transfers, Withdrawals, and Storage Standards

This section outlines the requirements, restrictions, and internal controls applicable to the deposit, withdrawal, transfer, and storage of Digital Assets through the BigONE Platform in accordance with the Acting Law of the AIFC and the rules governing FinTech Lab Participants.

33.1 Permitted Digital Asset Deposits and Transfers

● You may deposit Digital Assets only to wallet addresses issued by BigONE and supported by the BigONE Platform.

● If you transfer unsupported assets or use an incorrect blockchain network, such assets may be permanently lost, and BigONE accepts no liability for such errors.

● You must carefully verify each withdrawal request. Upon clicking “I AGREE,” you confirm that:

a) The destination address is accurate;

b) The correct network is selected;

c) The transaction is authorized by you.

BigONE does not pay interest, rewards, or yield on stored Digital Assets unless specifically disclosed in a separate agreement.

33.2 Balance Requirements and Transfer Validation

To maintain full use of BigONE’s services:

● You must ensure your account has sufficient funds to cover open orders, service and network fees;

● Daily or monthly withdrawal limits may apply based on:

a) Account verification level,

b) Client classification, or

c) Jurisdictional rules.

BigONE may require proof of ownership or KYC/KYB verification for any external wallet to which Digital Assets are withdrawn. Transactions sent to:

● Incorrect formats,

● Wrong token standards (e.g., sending BTC to an ETH address), or

● Addresses tied to different assets are irreversible and BigONE assumes no responsibility.

33.3 Investment Limits by Client Type and Residency

The following investment caps apply per calendar month, unless the User successfully passes a risk assessment conducted by BigONE in compliance with the AIFC COB Rules:

BigONE is allowed to provide its services to miners/mining pools that provided relevant documents confirming its status, within the total aggregated limits specified in Section 33.4 below.

33.4 Aggregate Client Asset Limits for FinTech Lab

As a FinTech Lab Participant, BigONE is permitted to hold client funds up to the following maximum aggregate limits at any given time without compensation arrangements (e.g., performance guarantee):

● Retail Clients (combined): USD 1,000,000

● Professional Clients (combined): USD 50,000,000

Where these limits are exceeded, BigONE must implement additional safeguards or guarantees in accordance with AFSA guidance.

33.5 Digital Asset Storage Model

BigONE applies a two-tier storage architecture designed to protect customer funds:

Cold Wallets are kept offline and used for bulk reserve storage. Hot Wallets support day-to-day operations and withdrawals. Both are managed using multi-signature authentication and layered access control.

34. Other Terms

34.1 Responsibility for Technical Access

The User expressly acknowledges and agrees that access to the BigONE Platform and Services requires the User to independently secure and maintain adequate technical infrastructure and connectivity. Specifically:

Technical Requirements

The User is solely responsible for procuring and maintaining the following at their own cost:

● Hardware such as a personal computer, laptop, tablet, or mobile device with sufficient processing power and memory to access and interact with the BigONE Platform;

● Software including a supported operating system (e.g., Windows, macOS, Android, iOS) and a secure and updated web browser or BigONE mobile application;

● Network access, including but not limited to, broadband internet, mobile data, Wi-Fi access, VPNs (if applicable), routers, and modems;

● Security tools such as antivirus software, firewalls, or password managers necessary to maintain the confidentiality of login credentials and protect against malware or other threats.

User's Responsibility

It is the User’s responsibility to:

● Ensure that all components of their infrastructure are compatible with BigONE’s technical requirements and system specifications;

● Update their operating system, web browser, and any other relevant software or application as needed to support security protocols and optimal Platform functionality;

● Maintain adequate cybersecurity measures to prevent unauthorized access to their devices and the BigONE Platform;

● Avoid using public or unsecured networks to access the Platform, especially when conducting sensitive transactions.

No Liability for User’s Access Failures

BigONE shall not be liable for:

● Any interruption, suspension, failure, or degraded performance of the Services caused by the User’s local environment, including device failure, outdated software, poor internet connection, or misconfigured browser or security settings;

● Inaccessibility due to third-party infrastructure issues (e.g., mobile service outages, ISP downtime, or power failures);

● Any delay or inability to execute transactions or interact with the Platform resulting from the User’s failure to maintain the required technical standards.

User Assumption of Risk

By using the BigONE Platform, the User accepts full responsibility for ensuring their technical readiness. Any risk of loss, delay, or error arising from technical misconfiguration, unavailability of access, or reliance on unsupported environments rests solely with the User.

34.2 Relationship Between the Parties

Independent Status

By accepting these Terms, both BigONE and the User agree and acknowledge that their relationship is strictly one of independent contracting parties. These Terms do not establish, and must not be interpreted to create, any of the following relationships between the parties:

● Partnership;

● Joint venture;

● Employer-employee;

● Agent-principal;

● Fiduciary or trustee-beneficiary;

● Franchise or franchisor-franchisee.

Each party operates in its own legal and commercial capacity, and nothing in these Terms authorizes either party to act as a representative or legal agent of the other.

No Authority to Bind

The User shall have no authority, express or implied, to bind, obligate, or represent BigONE in any capacity whatsoever. This includes, but is not limited to:

● Entering into contracts on BigONE’s behalf;

● Making commitments or guarantees regarding BigONE’s products, pricing, services, or legal responsibilities;

● Representing themselves to third parties as being affiliated with BigONE in any way other than as a User of the Platform under these Terms.

BigONE similarly assumes no obligations toward the User beyond those explicitly defined in these Terms or as otherwise agreed to in writing.

No Fiduciary Duty

BigONE does not serve as a fiduciary or financial advisor to the User. All Services provided under these Terms are offered on an execution-only and information-only basis, unless explicitly stated otherwise in a separate contractual agreement. The User is solely responsible for making their own decisions based on personal judgment, risk tolerance, or guidance from independent legal, tax, or investment professionals. The User acknowledges that no fiduciary duty, advisory role, or implied obligation of trust exists between BigONE and the User.

No Exclusive Relationship or Commitment

These Terms do not create an exclusive arrangement. BigONE may enter into similar agreements with other Users, service providers, or business partners, and the User is likewise free to use services offered by third parties that may compete with BigONE.

Legal Entity Clarification

Unless otherwise clearly stated in a legally binding annex or agreement, both parties retain their own legal identity and liability. These Terms are binding only to the named parties and do not extend to any affiliates, subsidiaries, or agents of either party unless specifically stated.

34.3 Assignment and Transfer of Rights

34.3.1 BigONE’s Right to Assign or Transfer

BigONE reserves the full right to assign, delegate, novate, or transfer any of its rights, obligations, or responsibilities under these Terms, either in whole or in part, to another entity. This may include:

● Corporate transactions, such as a merger, acquisition, asset sale, or internal restructuring;

● Delegation of services, such as technology support, custody operations, or compliance processes to licensed third-party service providers;

● Rebranding or restructuring, where a change in legal identity may occur without affecting the substance of the services offered.

Such transfer shall not negatively impact your existing rights or obligations and shall be implemented in compliance with applicable laws and regulations.

34.3.2 User Notification and Consent

In the event of any intended assignment or transfer by BigONE:

● You, as a User, will receive a written notification at least five (5) business days in advance. This notice will be delivered via:

a) Your registered email address,

b) An in-app message on the BigONE Platform,

c) Or via SMS, where applicable.

● The notification will include:

a) The name and legal identity of the third-party transferee (if applicable),

b) The nature and scope of the changes to your contractual counterparty or service terms,

c) Any action required on your part (e.g., re-acceptance, e-signature, or additional verification).

If your active confirmation is required (e.g., e-signature or SMS verification), your failure to respond may result in temporary suspension of access to certain features until such confirmation is received. BigONE will ensure that any third party to whom rights and obligations are transferred is capable, licensed (where required), and legally bound to honor the commitments under these Terms.

34.3.3 User Restrictions on Assignment

You are expressly prohibited from:

● Assigning, transferring, licensing, or delegating any of your rights, duties, or obligations under these Terms to another individual or entity;

● Permitting access or control of your account to unauthorized third parties;

● Using power of attorney, unless expressly permitted and verified by BigONE in writing;

Exception: A written request for assignment (e.g., in case of business continuity, inheritance, or legal mandate) may be reviewed by BigONE. Approval shall be granted at BigONE's sole discretion, subject to additional documentation, verification, or onboarding of the new party. Any attempted or purported assignment of these Terms by the User without BigONE’s prior written consent shall be deemed null and void. Such unauthorized assignment may result in the suspension or termination of the User’s account and access to the Services, as detailed in the Suspension and Termination section.

34.3.4 Data Transfer Upon Assignment

In the event of a valid and lawful assignment by BigONE, any personal or account-related data governed by applicable laws—such as the AIFC Data Protection Regulations or relevant legislation of Kazakhstan—may be transferred to the new service provider or entity. This transfer will be carried out in accordance with BigONE’s Privacy Policy, data residency requirements, and all other applicable legal safeguards. You will be informed of how your data will be handled post-assignment, including whether there are changes to the jurisdiction or processing activities.

34.4 Severability

34.4.1 Legal Independence of Provisions

Each provision of these Terms shall be interpreted as independent and severable from the others. If any term, clause, or provision is found by a competent authority — such as a court, regulatory body, or government agency — to be invalid, unlawful, void, or unenforceable in whole or in part under any applicable law or regulation, that specific provision shall be deemed severed from the remainder of the Terms. This shall not affect the legality, validity, or enforceability of the remaining provisions. The remaining provisions shall remain in full force and effect and shall continue to bind both BigONE and the User.

34.4.2 Preservation of Commercial Intent

If any invalid, illegal, or unenforceable provision materially affects the commercial intent or operation of these Terms, the Parties agree to negotiate in good faith to replace the affected provision with a new one that is lawful, enforceable, and reflects as closely as possible the original intent and economic effect of the invalid provision. If negotiation is not possible or fails, such replacement clause may be imposed by judicial or regulatory interpretation, to the extent permitted by applicable law.

34.4.3 Jurisdictional Interpretation

In jurisdictions where local laws restrict or render certain clauses unenforceable—such as limitations on liability, disclaimers, indemnities, or waivers—the affected clause shall be interpreted to preserve its original meaning as closely as possible while remaining legally enforceable. Additionally, BigONE may, at its discretion, provide jurisdiction-specific addenda or disclaimers to supplement or adapt the Terms accordingly.

34.4.4 No Waiver of Entire Agreement

The severance of any clause or part thereof shall not result in a termination or rescission of these Terms in their entirety unless it renders the agreement fundamentally inoperable.

34.5 No Waiver

34.5.1 Non-Waiver of Rights or Remedies

The failure, delay, or omission by BigONE or the User to enforce or exercise, in whole or in part, any provision, right, claim, remedy, or condition set forth in these Terms shall not be construed as a waiver of that right or any other right or provision under these Terms. If BigONE chooses not to enforce its rights in response to a breach or violation by the User, this does not mean BigONE waives its right to enforce those rights in future instances or for other breaches.

34.5.2 Limited Effect of Waivers

Any waiver of rights, obligations, provisions, or conditions under these Terms will be effective only if it is expressly stated in writing and signed by an authorized representative of BigONE or the User, as applicable. A waiver granted under one circumstance or for one breach shall not be interpreted as a waiver of any other provision or a continuing waiver of the same provision in the future, unless explicitly stated otherwise.

34.5.3 No Implied Waivers

No conduct, course of dealing, silence, delay, or failure to act by BigONE (including failure to insist on strict compliance with any obligation) shall be construed as:

● An implied waiver of any right or provision under these Terms,

● A modification of these Terms,

● Or a permission to continue any breach or default.

All waivers must be affirmative and documented, and no implied rights or liabilities shall arise as a result of informal communications, oral discussions, or operational leniency.

34.5.4 Cumulative Rights

All rights and remedies provided to BigONE or the User in these Terms are cumulative and not exclusive of any other rights or remedies provided by law, regulation, or under equity. The exercise of one right or remedy does not prevent the exercise of others.

34.6 Section Headings

34.6.1 No Interpretative Effect

The section titles, headings, numbering formats, paragraph labels, and other organizational or formatting elements included in these Terms (collectively, “Headings”) are provided solely for convenience of reference and navigational clarity. They are not intended to, and shall not:

● Have any legal effect or contractual significance,

● Be used to construe, interpret, or influence the meaning, scope, or intent of the provisions they precede or follow,

● Affect the enforceability or applicability of any provision contained herein.

34.6.2 Neutral Role in Interpretation

Each clause, provision, or paragraph of these Terms shall be interpreted on its own merits and within its contextual language, without regard to the presence or wording of any Heading associated with it. For example, a provision located under a heading titled “Confidentiality” shall not be limited solely to confidentiality-related matters unless such limitation is expressly stated in the provision itself.

34.6.3 Precedence of Substantive Provisions

In the event of any conflict or ambiguity between the content of a Heading and the substantive language of the clause that follows, the substantive clause shall prevail, and the Heading shall be disregarded for the purpose of legal interpretation.

34.6.4 Drafting Convention

All Headings are intended purely as a drafting and organizational convention and shall not give rise to any presumptions, interpretative biases, or legal inferences, whether for or against any party, regardless of who drafted the provision or section.

34.7 Entire Agreement

34.7.1 Binding and Comprehensive Nature

These Terms of Use, together with the following incorporated documents:

● BigONE’s Privacy Policy,

● Any annexes, appendices, or schedules referenced within these Terms,

● Any service-specific agreements or supplements entered into between you and BigONE (if applicable),

collectively constitute the entire, final, and exclusive agreement between you (the “User”) and BigONE regarding your access to and use of the BigONE Platform, Services, website(s), and mobile applications.

34.7.2 Supersession of Prior Agreements

This agreement supersedes and replaces all prior or contemporaneous agreements, understandings, representations, discussions, communications, offers, or proposals, whether oral or written, made between you and BigONE or any of its representatives with respect to:

● Access to or use of BigONE Services,

● Your rights and obligations concerning digital asset custody and trading,

● Any representations about performance, legal status, or expected returns.

34.7.3 No Reliance on External Statements

You expressly acknowledge and agree that in entering into this agreement, you are not relying upon, and shall have no remedies in respect of, any:

● Statements, representations, warranties, negotiations, marketing materials, discussions, or understandings not expressly set forth herein,

● Verbal communications from BigONE representatives or support staff,

● Promotional content, social media materials, or third-party reviews not incorporated into this agreement.

This includes any representations made prior to or contemporaneous with your acceptance of these Terms unless those representations have been formally and explicitly incorporated herein by reference.

34.7.4 Interpretation in Case of Conflict

In the event of any inconsistency or conflict between:

● These Terms,

● The Privacy Policy,

● Any other policies posted on the BigONE website, the provisions of these Terms shall prevail, unless expressly stated otherwise.

34.7.5 Changes Require Formal Amendment

No addition, amendment, or modification to these Terms shall be valid unless:

● Formally documented in writing by BigONE,

● Published as an amendment or updated version on the official BigONE website, and

● Acknowledged by you either through an affirmative action (e.g., clicking “I Agree,” signing via SMS, or using the Services after notice).

34.8 No Third-Party Rights

34.8.1 Intended Beneficiaries

These Terms of Use, including all incorporated policies and documents, are expressly entered into solely between BigONE and you (the “User”). This agreement is intended to govern only the rights and obligations of these two parties.

34.8.2 Exclusion of Third-Party Enforcement

Unless explicitly stated otherwise in these Terms or required by applicable law, no third party, including but not limited to agents, affiliates, service providers, vendors, or partners of either party, shall be entitled to rely on, enforce, or benefit from any provision of these Terms. This exclusion applies regardless of whether such third party is expressly identified by name or is a member of a class or category mentioned within these Terms. This means that individuals or entities who are not parties to this agreement may not assert rights or claims arising out of these Terms.

34.8.3 No Implied Beneficiary Rights

The application of any legal doctrine or theory that might otherwise imply third-party beneficiary rights — including but not limited to:

● Implied covenants,

● Equitable estoppel,

● Agency principles, or

● Privity theories

is explicitly disclaimed. No third party is intended to acquire legal standing from the execution, performance, or enforcement of these Terms.

34.8.4 Exception: Regulatory or Legal Requirement

The only exception to this provision applies when a law, regulation, or order from a court or regulatory authority explicitly grants a third party the right to enforce specific obligations in these Terms, provided that such enforcement does not change the primary obligations between BigONE and the User.

34.8.5 No Assignment of Rights to Third Parties

You agree that you shall not assign, delegate, or sublicense any right or obligation under these Terms to a third party without the prior written consent of BigONE. Any such unauthorized transfer or assignment will be deemed null and void.

34.9 Assignment Restrictions

34.9.1 BigONE’s Right to Assign or Delegate

BigONE reserves the full and unrestricted right to assign, transfer, or delegate any of its rights, obligations, or responsibilities under these Terms of Use. This includes transferring ownership, management, or operational control of the Platform or any part of its Services to a third party through means such as merger, corporate restructuring, acquisition, or outsourcing. Such assignment or delegation may occur without prior consent from the User, provided that Users are notified in writing, via email or in-platform notification, at least five (5) business days before the effective date. Users may also be required to reaffirm their acceptance of the revised arrangement through electronic signature or SMS confirmation.

34.9.2 Restrictions on the User’s Right to Assign

The User may not assign, delegate, sublicense, or otherwise transfer any of their rights, duties, or obligations under these Terms to any third party without obtaining prior written consent from BigONE. This restriction includes, but is not limited to:

● Transfers of account ownership;

● Use of the Services on behalf of another individual or entity;

● Assignments made in connection with business sales, corporate dissolutions, bankruptcies, or trust arrangements.

34.9.3 Invalidity of Unauthorized Assignments

Any attempt by the User to assign or transfer these Terms, or any rights or obligations under them, without BigONE’s explicit prior written consent shall be deemed null and void and will not be recognized or enforced by BigONE or its affiliates. This includes informal or de facto assignments, such as granting unauthorized third parties access to the User’s BigONE Account.

34.9.4 Continuing Obligations

Any permitted assignment by the User, expressly authorized by BigONE in writing, does not relieve the original User of any existing liabilities, including outstanding fees, compliance obligations, or disputes. Additionally, the assignee must agree in writing to be bound by these Terms, and this agreement must be submitted to BigONE as a condition for approval.

34.10 Unclaimed Assets

34.10.1 Dormancy Period and User Inactivity

If a User’s BigONE Account remains inactive for a prolonged period - which may be defined in accordance with internal policies or applicable regulations - and:

● The User has not initiated any transactions,

● The User has not logged into their account, and

● The User has not responded to communications sent to the contact details on record,

then BigONE may classify the account as dormant or abandoned. The specific time period required for dormancy classification may vary depending on the User’s jurisdiction and applicable laws.

34.10.2 Reasonable Efforts to Contact the User

Prior to taking action regarding unclaimed assets, BigONE will make commercially reasonable efforts to:

● Contact the User using the last known email address or phone number;

● Issue reminders or account status updates through the BigONE Platform, if available;

● Notify the User of the potential reclassification of their assets as unclaimed.

If no response is received within a reasonable timeframe, BigONE may proceed in accordance with this Section.

34.10.3 Transfer of Unclaimed Funds to Authorities

If BigONE is unable to re-establish contact with the User within the required timeframe and the account remains dormant, any fiat currency balances and/or Digital Assets in the account may be classified as unclaimed property. In such cases, BigONE may be required—or may choose—to report and transfer these assets to the appropriate governmental authority or regulatory body, in accordance with unclaimed property laws applicable in Kazakhstan or other relevant jurisdictions. The User acknowledges that once funds are remitted to the authorities, BigONE is no longer liable for those funds and the User must directly contact the authority for recovery.

34.10.4 Administrative Fees

BigONE reserves the right to deduct reasonable administrative or maintenance fees from the account prior to transferring the funds to regulatory authorities, subject to:

● Applicable law,

● The terms outlined in the BigONE Fees Schedule, and

● Any specific conditions that may apply under local dormant account regulations.

These fees may include, but are not limited to:

● Notification costs,

● Account maintenance,

● Legal or regulatory processing expenses.

34.10.5 User’s Responsibility to Maintain Updated Contact Information

It is the User’s sole responsibility to:

● Regularly log in to their BigONE Account to ensure it remains active;

● Ensure that their email address, phone number, and mailing address registered with BigONE are current and functional;

● Promptly respond to any outreach related to inactivity or account verification.

Failure to do so may result in loss of access to assets, classification of funds as unclaimed, and forfeiture of certain rights under this Agreement.

34.11 Legal Costs

34.11.1 Liability for Legal Expenses

The User agrees and acknowledges that if their actions, use of the Platform, or failure to comply with applicable laws and regulations result in:

● A regulatory investigation (by AFSA or other authorities),

● A governmental inquiry or enforcement action,

● Any civil or administrative legal proceeding, including litigation or arbitration, or

● A contractual dispute involving BigONE,

then the User may be held financially responsible for all directly associated legal costs and related expenses incurred by BigONE.

This includes, but is not limited to:

● Legal counsel and representation fees,

● Filing and court costs,

● Expert witness fees,

● Regulatory reporting and compliance documentation,

● Internal administrative and case management costs.

34.11.2 Authorization to Deduct from Account

BigONE reserves the right to deduct or withhold funds from the User’s BigONE Account to recover legal costs, provided that BigONE has given the User written notice outlining the nature of the legal matter and the estimated costs. An itemized breakdown of expenses will be made available to the User upon request. If the account balance is insufficient to cover these costs, BigONE may seek other legal remedies, including debt collection or judicial enforcement.

34.11.3 Freezing of Affected Assets

If a specific Digital Asset, fiat amount, or transaction is directly linked to a legal issue or dispute, BigONE may temporarily freeze, restrict, or hold that portion of the User’s assets until the matter is fully resolved. This action may be based on a court order, regulatory instruction, or internal compliance decision, as applicable. The User will be promptly notified of any such measures and may request supporting documentation for the decision.

34.11.4 Resolution and Refund

After the matter is resolved, any unused portion of the withheld amount will be promptly returned to the User’s account. The User will receive a written summary detailing the total legal costs deducted and explanations for any unreimbursed amounts. If the User is found not at fault following the investigation or litigation, BigONE may, at its sole discretion or by court order, reimburse the User for part or all of the previously withheld funds.

34.11.5 Cooperation and Due Process

The User agrees to:

● Cooperate in good faith with BigONE during any investigation or legal process;

● Respond to reasonable information requests within specified timeframes;

● Refrain from any attempt to interfere with, delay, or obstruct such proceedings.

Failure to cooperate may result in account suspension or other remedies, as deemed appropriate by BigONE.

34.12 Force Majeure

34.12.1 Definition and Scope

BigONE shall not be held liable for any failure or delay in performing its obligations, or for any interruption, suspension, or degradation of access to the Platform or Services, where such delay or failure is caused by Force Majeure.

“Force Majeure” refers to any event or circumstance, whether or not foreseeable, that:

● Is beyond the reasonable control of BigONE,

● Could not have been prevented, avoided, or mitigated through reasonable diligence or contingency planning, and

● Substantially impairs BigONE’s ability to fulfill its obligations under these Terms.

34.12.2 Examples of Force Majeure Events

Events constituting Force Majeure include, but are not limited to:

● Natural disasters (earthquakes, floods, fires, hurricanes, storms, pandemics, epidemics);

● Acts of war or terrorism (declared or undeclared war, civil unrest, insurgency, sabotage, cyber-attacks, or malicious hacking);

● Governmental actions or restrictions (regulatory orders, trade embargoes, sanctions, expropriations, or changes in applicable law);

● Labor-related disruptions (strikes, lockouts, work stoppages or shortages of qualified labor);

● Infrastructure failures (electricity or utility outages, internet or telecommunications disruptions, failure of third-party hosting or data center providers);

● Acts of God or unforeseen emergency situations affecting the global or regional economy or technology infrastructure.

34.12.3 Consequences of Force Majeure

If a Force Majeure event occurs:

● BigONE will promptly notify Users (via email, platform notice, or official announcement) when feasible.

● BigONE’s obligations under these Terms shall be suspended for the duration of the Force Majeure event.

● Any deadlines or service timelines shall be extended accordingly, without penalties to BigONE.

● BigONE shall not be liable for any damages, losses, or inconveniences caused to Users by such events, including delayed transactions, inability to access services, or loss of data due to third-party system failure.

34.12.4 Duty to Mitigate

BigONE will take reasonable and commercially practicable efforts to:

● Resume services as soon as possible;

● Minimize the impact of the event on users;

● Communicate updates or estimated restoration timelines, when feasible.

However, Users acknowledge that in some cases restoration of full service may take time and may be beyond BigONE’s ability to predict or control.

34.12.5 User Responsibility

During a Force Majeure event, Users remain responsible for monitoring their accounts, communication channels, and any pending obligations. BigONE advises Users not to rely solely on any single transaction or specific timeframe, especially during volatile or unpredictable market conditions that may be influenced by global events.

34.12.6 No Termination for Force Majeure

Neither party may terminate the agreement solely because of a Force Majeure event unless the event persists for more than thirty (30) consecutive days and significantly hinders the continuation of the contractual relationship. If these conditions are met, either party may initiate termination of the account and services by providing written notice, in accordance with the withdrawal and account closure procedures outlined in these Terms.

34.13 Downtime and Maintenance

34.13.1 Scheduled Maintenance

BigONE regularly carries out maintenance and upgrades on its Platform, systems, and infrastructure to ensure stability, introduce new features, address security vulnerabilities, and enhance overall performance. Such scheduled maintenance may temporarily limit or suspend access to some or all Services. Whenever possible, BigONE will make reasonable efforts to notify Users at least twenty-four (24) hours in advance through its website, the Announcements tab, or via email. These notifications will include the expected start time, estimated duration, and details of the affected services.

During scheduled maintenance windows, Users may not be able to access their accounts, perform trades, make withdrawals, or interact with the Platform.

34.13.2 Unscheduled or Emergency Downtime

From time to time, BigONE may experience unexpected outages or require immediate unscheduled maintenance due to:

● System failures or technical bugs;

● Infrastructure malfunctions;

● Cybersecurity concerns;

● Regulatory mandates or urgent compliance updates;

● Natural disasters or other external disruptions.

In such emergency scenarios, advance notice may not be feasible. However, BigONE will take all reasonable steps to:

● Restore functionality as quickly as possible;

● Post status updates through available communication channels (e.g., website banners, status page, social media, Help Desk Center);

● Provide Users with post-restoration summaries when appropriate.

34.13.3 Limitations of Liability

BigONE shall not be held liable for:

● Any delays, interruptions, or suspension of the Services caused by scheduled or unscheduled downtime;

● Financial losses, missed trades, price fluctuations, order execution delays, or market movements that occur during or as a result of downtime;

● Lost opportunities, data loss, or inability to access balances, especially when such issues stem from third-party providers, hosting infrastructure, or global internet instability.

Users acknowledge and accept that:

● Market conditions may change rapidly during a downtime event.

● Upon resumption of Services, prices and liquidity may vary significantly from those available prior to the interruption.

● It is their responsibility to manage exposure and expectations accordingly.

34.13.4 User Recommendations and Expectations

● Users are encouraged to monitor official announcements from BigONE through the website or Help Desk Center to stay informed of upcoming service windows or disruptions.

● Users with critical trading needs should consider managing positions conservatively around known maintenance periods.

● BigONE recommends that Users do not place reliance on uninterrupted availability of services, especially during volatile market periods or known system upgrades.

34.14 Risk Disclosure in FinTech Lab Context

34.14.1 Regulatory Sandbox Environment

BigONE Investment Ltd. operates its Platform and Services under the regulatory oversight of the Astana Financial Services Authority (AFSA) through participation in the FinTech Lab - a regulatory sandbox framework established within the jurisdiction of the Astana International Financial Centre (AIFC). The FinTech Lab allows eligible firms to test innovative financial technologies and business models in a controlled environment, with tailored regulatory requirements, before full market deployment.

34.14.2 Nature of Sandbox Authorization

As a FinTech Lab participant, BigONE may be subject to customized licensing conditions, including but not limited to:

● Limitations on the number of users or clients it may onboard;

● Restrictions on transaction size, asset classes, or volume thresholds;

● Shortened or extended onboarding timelines, risk assessments, and reporting obligations;

● Operational limitations related to custody, exchange services, or investment activities.

The testing nature of this environment means that certain operational or technical processes may not yet reflect those found in a fully licensed financial institution operating outside a sandbox.

34.14.3 User Acknowledgment of Sandbox Risks

By accepting these Terms and using the Services, the User explicitly acknowledges and agrees to the following:

● BigONE’s operations are subject to experimental and evolving regulatory controls, which may change without prior notice, affecting the Services’ availability or continuity.

● Certain safeguards that apply to fully licensed institutions may not yet apply to BigONE, including deposit protection schemes, guaranteed withdrawals, or compensation arrangements.

● There is an increased risk of operational delays, particularly in matters involving asset withdrawal, account closures, or regulatory reporting.

● In rare cases, participation in FinTech Lab could be suspended or revoked by AFSA, which may affect BigONE’s ability to provide ongoing Services or maintain client asset access.

34.14.4 No Claims Against AFSA

By using the Platform and its Services, the User voluntarily assumes all risks associated with BigONE’s participation in FinTech Lab and waives any right to file claims, initiate legal proceedings, or pursue compensation against:

● The Astana Financial Services Authority (AFSA);

● Any of AFSA’s directors, officers, employees, contractors, or affiliates;

● The AIFC’s institutional bodies or any governmental authorities involved in the FinTech Lab framework.

This waiver covers, without limitation:

● Any actual or perceived regulatory shortcomings in overseeing BigONE;

● Any direct or indirect losses, damages, or legal liabilities resulting from BigONE’s operations in the sandbox environment;

● Any delays, interruptions, or limitations stemming from FinTech Lab’s regulatory regime.

34.14.5 Retained Right to Action Against BigONE

Notwithstanding any waiver provided elsewhere in these Terms, the User retains the full legal right to initiate claims, arbitration, or litigation directly against BigONE Investment Ltd. The User may also seek restitution, compensation, or other remedies in accordance with the applicable laws of the Astana International Financial Centre (AIFC), including but not limited to those relating to contract performance, consumer protection, and digital asset operations. Such claims may relate to but are not limited to:

● Loss or mismanagement of funds;

● Breach of fiduciary obligations (if any arise under specific services);

● Failure to comply with the Terms of Use or other agreements;

● Negligence, fraud, or willful misconduct.

BigONE will cooperate with any regulatory, civil, or judicial authority in resolving disputes, subject to the laws and procedural requirements of the AIFC.

34.15 Final Acknowledgment of Risk and Waiver

34.15.1 Comprehensive Risk Recognition

By accepting these Terms and Conditions and by accessing, registering for, or using any of the products or Services provided by BigONE Investment Ltd. ("BigONE") through the Platform, the User acknowledges and affirms that they have read, understood, and agreed to the inherent and specific risks associated with engaging in digital asset activities within a regulatory sandbox environment (i.e., the FinTech Lab of the Astana International Financial Centre, “AIFC”). The User understands and accepts that such risks include, but are not limited to:

● The total or partial loss of all capital or digital assets due to market volatility, technological limitations, or operational failures;

● Technical delays in processing, approving, or executing withdrawals, transfers, or asset management instructions;

● Operational limitations stemming from BigONE’s restricted or provisional regulatory license status while operating in the FinTech Lab;

● Regulatory uncertainty or discontinuation of the FinTech Lab program, which may affect service continuity.

34.15.2 Acceptance of Limitations in Regulated Sandbox

The User explicitly agrees and acknowledges that:

● BigONE is currently operating under restricted licensing conditions in a test regulatory regime (FinTech Lab), and the Platform and Services provided may not reflect the operational robustness or safeguards applicable to fully licensed financial institutions.

● Certain consumer protections, financial guarantees, or withdrawal assurances may not be fully available or enforceable during BigONE’s participation in the sandbox.

● BigONE may be subject to sudden changes or revocation of its sandbox license or participation status, with potential consequences for asset custody, withdrawals, or service functionality.

● AFSA has the discretion to determine the timeline, scope, and continuation of BigONE’s participation in the FinTech Lab.

34.15.3 Waiver of Claims Against the Regulator (AFSA)

In consideration of the above disclosures, and by using the BigONE Platform and its Services, the User hereby irrevocably waives, releases, and agrees not to bring any direct or indirect legal action, claim, or cause of action of any kind against:

● The Astana Financial Services Authority (AFSA);

● AFSA’s officers, directors, employees, consultants, affiliated entities, agents, or contracted advisors;

● Any governmental or regulatory bodies that have authorized, supervised, or implemented the FinTech Lab initiative.

This waiver applies to, but is not limited to, claims arising from:

● Regulatory approvals or failures related to BigONE’s licensing;

● Losses, damages, or inconveniences incurred due to sandbox limitations;

● Perceived negligence or omissions by AFSA in its supervisory role.

The User acknowledges that this waiver is legally binding, knowingly entered into, and constitutes a condition for the use of the BigONE Platform under the FinTech Lab regime.

34.15.4 Reservation of Rights Against BigONE

Despite the waiver of claims against AFSA, the User’s rights to pursue legal action, restitution, or compensation against BigONE remain unaffected. The User retains the right to:

● File complaints, legal claims, or arbitration proceedings against BigONE directly for any breach of contract, fraud, misrepresentation, gross negligence, or operational failure;

● Seek remedies under the applicable laws of the AIFC, including for issues related to financial losses, withdrawal delays, platform mismanagement, or failure to uphold agreed Service levels;

● Request compensation or enforcement where BigONE has failed to meet its obligations under the Terms and Conditions, or under any additional agreements or notices presented to the User.

BigONE affirms that it will cooperate in good faith with Users and, where applicable, with regulators and courts to resolve disputes in accordance with AIFC legal frameworks and these Terms.

35. Final Provisions

35.1 Language of the Agreement

These Terms of Use are drafted in English, which shall be the official language governing their interpretation and enforcement. While translations of these Terms may be provided in Kazakh and Russian for convenience, the English version shall prevail in the event of any discrepancies, inconsistencies, or interpretation issues. All official correspondence, contractual documentation, and dispute resolution procedures shall likewise be conducted in English unless otherwise explicitly agreed in writing by BigONE.

35.2 Modification and Waiver

No modification, amendment, or waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of BigONE. A failure or delay by BigONE to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by BigONE of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default.

35.3 Electronic Signatures and Communications

You acknowledge and agree that BigONE may deliver all communications, legal notices, agreements, disclosures, and other documentation electronically through the Platform interface, via email, or by SMS to the contact information you provide. By accepting these Terms electronically, you consent to receive communications in this manner and agree that such communications meet any legal requirement for being in writing. Electronic signatures and confirmations (including by checkbox or button-click) shall be binding and enforceable as if signed physically.

35.4 Governing Law and Jurisdiction

This Agreement shall be governed by, and construed in accordance with, the Acting Law of the Astana International Financial Centre (AIFC). Where matters are not specifically regulated by AIFC law, the laws of the Republic of Kazakhstan shall apply as a supplement. All disputes arising from or in connection with these Terms, including questions relating to their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the AIFC Court. Proceedings shall be conducted in the English language.

35.5 Rights and Remedies Cumulative

All rights and remedies provided for under these Terms are cumulative and in addition to, not exclusive of, any rights or remedies that may be available to either party at law or in equity, unless expressly stated otherwise. The exercise of any right or remedy shall not prevent the exercise of any other right or remedy.

35.6 Survival of Obligations

All provisions of these Terms which by their nature should survive termination shall remain in effect after termination of your relationship with BigONE. These include, without limitation, provisions relating to intellectual property, indemnification, limitation of liability, confidentiality, tax obligations, dispute resolution, and regulatory compliance.

35.7 Public Announcements

You shall not issue any public statements or press releases referring to BigONE or its Services without prior written consent from BigONE. BigONE reserves the right to make public statements or legal disclosures where required by law, regulation, or court order.

35.8 Independent Legal Advice

By entering into this Agreement, you confirm that you have had the opportunity to consult with independent legal, financial, or tax advisors, and that you are entering into this agreement of your own free will and with full understanding of the terms, risks, and obligations herein.

35.9 Notices

All notices or communications from you to BigONE must be sent in writing to:

Support Email: support@bigone.kz

Mailing Address: BigONE Investment Ltd.,

55/17 Mangilik Yel Avenue, Office No. 149,

Astana, Republic of Kazakhstan, Z05T3F5

All notices from BigONE to you will be sent electronically to the email address associated with your BigONE Account or posted in the “Notifications” section of the BigONE website.

35.10 Acknowledgment and Acceptance

By continuing to use the BigONE Platform and Services, you acknowledge that you have read these Terms in full, understand their contents, and voluntarily accept all obligations and risks described herein. Your continued use of the Platform constitutes your binding acceptance of the Terms and any amendments posted from time to time.