BigONE Eurasia User Agreement

Before accessing or using the services provided by BigONE Investment Ltd. (“BigONE”, “we”, “us”, or “our”), please read these Terms of Use (“Terms” or “Agreement”) carefully. 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). BigONE Investment Ltd. has its registered office at Republic of Kazakhstan, Astana, Yesil District, Mangilik El Avenue, Building 55/17, Office 149, Z05T3F5, and is registered under Business Identification Number (BIN) 230740900475.

BigONE is authorized and regulated by the Astana Financial Services Authority (AFSA) and holds the following licenses for providing financial services:

·      License No. AFSA-G-LA-2023-0008 authorizes BigONE to conduct the following regulated activities: Dealing in Investments as Principal (as a matched principal); Providing Custody; Dealing in Investments as Agent; and Dealing in Investments as Principal (except as a matched principal).

·      License No. AFSA-G-LA-2023-0009 authorizes BigONE to carry on the following market activities: Operator of an Investment Exchange; Operator of a Clearing House; and Operator of a Digital Asset Trading Facility (DATF), within the AIFC’s 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 custodial platform

·      Application Programming Interfaces (API) and digital infrastructure

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

Collectively, these components are referred to as the “BigONE Platform” or the “BigONE Site”.  The Platform includes all electronic or written content provided by BigONE, including, without limitation, software, data, text, graphics, images, audio, video, APIs, and documentation (collectively referred to as the “Content”).

2. ACCEPTANCE OF THE TERMS

2.1 Legal Acceptance

These Terms constitute a legally binding agreement between you and BigONE. You confirm your acceptance of, and agreement to be bound by, these Terms by taking any action that clearly indicates your consent, including clicking an “AGREE” button or its equivalent, accessing or using the BigONE Platform or the Services, registering a BigONE account, purchasing or subscribing to any Service, or entering into any order or agreement that expressly refers to these Terms.

If you do not agree to these Terms, you must not access or use the BigONE Platform or any of its Services. These Terms become effective on the date on which you first take any action indicating your acceptance, which shall be the effective date of this agreement (the “Effective Date”).

2.2 Account Registration and Onboarding      

To access and use the BigONE Services, you must successfully register for and maintain an active BigONE account. Registration requires the completion of all verification and onboarding steps prescribed by BigONE from time to time, which may include verification of your email address and mobile phone number, submission of required information and documentation, and completion of applicable Know Your Customer (KYC), Know Your Business (KYB), and anti-money laundering procedures in accordance with applicable laws and regulatory requirements.

The BigONE Services are only available to individuals and entities that have passed all verification levels required under applicable regulations. Providing false or misleading information during registration is strictly prohibited. BigONE reserves the right to suspend, deny, or terminate account access in the event of incomplete registration or failed verification. You authorize BigONE and/or its third-party service providers to take all necessary steps to verify your identity, confirm your linked bank account information, and conduct compliance checks.

2.3 Changes to the Terms

BigONE may modify these Terms from time to time. Notice of any changes may be provided by posting the updated Terms on the BigONE website or Platform, by sending an email or you 

login to the Platform or access the Services.

Your continued use of the BigONE Platform or the Services after such changes constitutes your acceptance of the updated Terms. You remain responsible for keeping your contact information accurate and up to date, for monitoring communications from BigONE, and for regularly reviewing the current version of these Terms.

The updated Terms shall become effective on the earlier of the date on which you expressly accept them or the date on which they are posted or otherwise notified to you, provided that you continue to use the Services after such posting or notification.

2.4 Eligibility Criteria

By registering a BigONE account, you represent and warrant that you are at least eighteen (18) years of age and have full legal capacity to enter into these Terms, that you are not a citizen or resident of, and do not otherwise reside in, any Sanctioned or Restricted Jurisdiction defned in Section 7.5, and that you have read, understood, and fully agree to be bound by these Terms and all related policies referenced herein.

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

2.5 Regulatory Disclosure

BigONE is not registered with the U.S. Securities and Exchange Commission (SEC) and does not offer securities services to U.S. citizens or residents.

BigONE operates under the supervision of AFSA and holds the licenses mentioned above.

2.6 Dispute Resolution and Governing Law

Any contractual or non-contractual disputes arising from or in connection with these Terms (including any questions regarding their existence, validity, or termination) shall be subject to the exclusive jurisdiction of the AIFC Court. The governing law shall be the applicable law of the AIFC. In matters not governed by AIFC law, the laws of the Republic of Kazakhstan shall apply additionally. The language of legal proceedings shall be English.

2.8 Duration of the Terms

These Terms shall become effective upon your acceptance as a verified Client of BigONE Investment Ltd. and shall remain in effect until your membership or account is cancelled or terminated, or until the Company ceases to provide the relevant Services under its AFSA licences.

3. DEFINITIONS

Unless otherwise defined in this document, terms used in these Terms have the meanings assigned to them under the applicable legislation of the AIFC, including the AIFC Glossary (AIFC Rules No. FR0017 of 2018).

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

AFSA — The AIFC Financial Services Authority, an independent regulatory body responsible for licensing, supervision, and regulation of financial services and related activities within the AIFC.

AIFC — The Astana International Financial Centre, a jurisdiction with a special legal regime in the field of finance, operating within Kazakhstan’s financial sector.

AIFC AML RULES — AIFC Rules No. FR0008 of 2017, approved on 10 December 2017 (with amendments as of 15 December 2024, commencing 1 January 2025), governing anti-money laundering, counter-terrorist financing, and sanctions compliance obligations of Authorised Persons carrying on activities in or from the AIFC.

AIFC AUTHORISED MARKET INSTITUTIONS RULES (AMI RULES) — AIFC Rules issued by AFSA, governing the authorisation, ongoing requirements, and supervision of Authorised Market Institutions in the AIFC, including operators of Investment Exchanges, Clearing Houses, and Digital Asset Trading Facilities.

AIFC RULES ON DIGITAL ASSET ACTIVITIES (DAA) — AIFC Rules issued by AFSA, governing the conduct of business relating to digital assets in or from the AIFC, including the operation of a Digital Asset Trading Facility and the provision of custody in respect of digital assets, as amended from time to time.

AIFC CONDUCT OF BUSINESS RULES — AIFC Rules No. FR0005 of 2017, approved on December 10, 2017, governing business conduct within AIFC.

AIFC FINANCIAL SERVICES FRAMEWORK REGULATIONS (FSFR) — AIFC Regulations No. 18 of 2017, approved on 20 December 2017, providing the primary regulatory framework for the authorisation, conduct, and supervision of financial services activities within the AIFC.

AIFC GEN — AIFC Rules No. FR0001 of 2017, approved on October 17, 2017, governing the general principles of AIFC operations.

AIFC GLOSSARY — The AIFC Glossary Rules (AIFC Rules No. FR0017 of 2018), approved on April 29, 2018.

AIFC TERRITORY — The territory within the city of Astana designated by Presidential Decree No. 161 dated December 31, 2015, where AIFC operates its legal and regulatory framework.

BIGONE PLATFORM — The digital infrastructure of BigONE, including the website eurasia.big.one, mobile applications, and related interfaces/channels through which BigONE Services are provided.

CONTENT — Information, data, text, images, audio, video, graphics, research, and other materials provided by BigONE through the Platform, including market data, analytics, and educational resources.

CUSTODY PLATFORM — A regulated platform operated by BigONE Investment Ltd. for the secure custody and management of clients’ digital assets, including a system for security, risk management, and compliance with AIFC and Kazakhstan’s regulatory requirements.

DIGITAL ASSET — A digital representation of value that:

a) may be subject to digital trading and functions as a medium of exchange, unit of account, or store of value;

b) may be exchanged for fiat currency, but is not issued or guaranteed by any government;

c) derives its value from community consensus;

d) differs from fiat currency.

DIGITAL ASSET TRADING FACILITY (DATF) — A system that regularly functions to bring together the interests of multiple third parties for the buying and selling of Investments according to non-discretionary rules, such that it can result in the conclusion of contracts for Investments admitted for trading within such a system. DATF can function as an order book, quote-driven, or hybrid system.

DIGITAL WALLET — A software application, electronic device, or other mechanism that:

a) allows for storing, securing, and transferring digital assets;

b) stores or manages private keys;

c) tracks the balance of digital assets.

FIAT CURRENCY — A currency issued by or on behalf of a government and designated as legal tender in one or more jurisdictions under applicable laws or regulations.

NOTIFICATIONS — Official communications from BigONE, including updates on services, fees, security, or legal notices, posted on the BigONE website or sent to the registered contact details of the user.

SERVICES / BIGONE SERVICES — Regulated financial services provided by BigONE Investment Ltd., including:

a) spot trading of digital assets;

b) custody and safeguarding of digital assets;

c) ancillary services as defined by BigONE.

TOOLS — Software, applications, interfaces, or technological infrastructure owned or licensed by BigONE, used to facilitate the operation of BigONE Services, including the trading platform, API, mobile applications, and custody solutions.

4. BIGONE LICENSES

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

Issued in accordance with the AIFC Financial Services Framework Regulations, the AIFC General Rules, the AIFC Conduct of Business Rules, and the AIFC Rules on Digital Asset Activities, this licence authorises BigONE to conduct the following regulated activities:

·      Providing Custody – holding and safeguarding digital assets on behalf of clients in accordance with applicable regulatory requirements.

·      Dealing in Investments as Principal (both as a matched principal and otherwise than as a matched principal) – entering investment transactions using BigONE’s own capital.

·      Dealing in Investments as Agent – facilitating and executing investment transactions on behalf of clients.

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

Issued in accordance with the AIFC Financial Services Framework Regulations, the AIFC Authorised Market Institutions Rules, and the AIFC Rules on Digital Asset Activities, this licence authorises BigONE to carry on the following market activities: Operator of an Investment Exchange, Operator of a Clearing House, and Operator of a Digital Asset Trading Facility (DATF), a regulated platform enabling the trading of digital assets based on non-discretionary rules, under a supervised financial services framework of the AIFC.

The current status and the validity period of both licenses may be verified on the official website of AFSA at www.afsa.kz.

5. USER REPRESENTATION AND OBLIGATIONS 

By using the BigONE Platform and its Services, you acknowledge, represent, and warrant the following:

5.1 Legal Authority and Representation

If you use the Services on behalf of a company or any other legal entity, you represent and warrant that such entity is duly incorporated and validly existing under the laws of its jurisdiction, that you are duly authorised to act on its behalf and to bind it to these Terms, and that all obligations and liabilities arising under these Terms apply both to you in your personal capacity and to the legal entity you represent.

5.2 Registration and Identity Verification  

To use the Services, you must register a BigONE account and complete the onboarding process. You must provide accurate, complete, and up-to-date information and keep it always updated. You authorize us to verify your identity, including through third-party service providers, for the purposes of fraud prevention, regulatory compliance, and AML/KYC/KYB obligations. If you provide false, misleading, or outdated information, your account may be suspended or terminated.

5.3   Account Use and Security

You are responsible for all activities carried out through your BigONE account. We may, at our

discretion;

·      refuse to open an account; 

·      limit the number of accounts you may hold;

·      suspend or close your account without prior notice.

You must keep your password secure and confidential. Any activity conducted using your account or password will be deemed to have been initiated by you. In the event of suspicious activity, we may request additional information or freeze transactions.

5.4 Transactions Confirmation and Monitoring 

All transactions displayed in your account or sent to you by email are considered final and confirmed unless you notify us in writing within three (3) calendar days. You are responsible for regularly reviewing your account, balances, transaction history, and any notifications from us. You must maintain a valid email address to receive important notices. If you stop receiving our notifications, you must inform us at cs@big.one.

5.5 Use of Services and Information

You agree to use the BigONE Platform and its Content solely for personal or internal business purposes. You must not share your account or permit any third party to access or use it, resell, transfer, lease, or otherwise make the Services or Content available to others, use the Platform or any data for unlawful purposes or in violation of applicable data protection laws, use the Platform in any manner that competes with BigONE’s business, or use or transmit any information from the Platform in a way that harms BigONE or breaches these Terms.

5.6 Compliance with Laws and Regulations

You are fully responsible for ensuring that your use of the Services complies with all applicable laws and regulations in your jurisdiction, the jurisdiction of your counterparties, and any other jurisdiction involved in your transactions. 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 provide investment, legal, tax, or accounting advice. You should seek professional advice before making financial decisions.

5.7 Risk Acknowledgement

You acknowledge the risks associated with using digital asset services, including but not limited to potential financial loss, misleading information or behavior by other users, technical failures or system outages, and regulatory uncertainty. BigONE does not guarantee any specific outcomes from using the Services or interacting with other users. Risks may include fraud, breach of contract, data errors, and other losses.

6. USE RESTRICTIONS AND PROHIBITED USE

Your access to and use of the BigONE Services are governed by the following rules. Violation

of any of the following restrictions may result in the immediate suspension or closure of your

account, and may also lead to civil and/or criminal liability.

You agree not to engage in any of the following actions, either directly or through another person or system:

·      Improper use of the Platform and its Content includes using the Services for purposes not expressly authorised by these Terms, the Privacy Policy, or other official BigONE policies, using another user’s account without permission or without an authorised sharing mechanism, reverse engineering, modifying, decompiling, disassembling, translating, or creating derivative works based on the Services or any content available on the Platform, re-publishing or re-using BigONE content, including data, graphics, or information, on another website or in any other medium without prior written consent, creating frames, mirrors, or deep links to any part of the Services without explicit permission, or systematically downloading, storing, or transmitting data from the Platform for the purpose of creating a database.

·      Security and integrity violations include circumventing access controls or security features of the Platform, transmitting or distributing viruses, worms, trojans, spyware, or other malicious software, damaging, disabling, overloading, disrupting, or otherwise interfering with the normal functioning of the Services or any associated networks, using automated systems such as bots, scrapers, or crawlers to extract, mine, or index data without authorisation, or sending unauthorised instructions, code, or scripts designed to manipulate data.

·      Illegal, deceptive, or harmful behaviour includes engaging in fraudulent, unlawful, or misleading activities, such as phishing, forgery, or impersonation, providing false or misleading information or impersonating any individual or organisation, falsely representing any relationship with a person or legal entity or falsely implying approval or endorsement by BigONE, or uploading or distributing content that infringes the rights of others, including rights relating to privacy or intellectual property.

·      Harassment and abuse include stalking, abusing, threatening, defaming, harassing, discriminating against, or otherwise harming other users or BigONE employees, as well as uploading or displaying content that is obscene, offensive, violent, hateful, discriminatory, defamatory, or otherwise inappropriate.

6.1 Unauthorized Commercial or Promotional Use

 
You are not allowed to sell, license, sublicense, resell, or otherwise commercially exploit the Platform or its Content without BigONE’s prior written consent. You must not use the Services or any Content for the purpose of advertising, promoting, or selling third-party products or services unless expressly authorised under a separate written agreement with BigONE. You are also prohibited from using the Platform to send spam, chain letters, unsolicited messages, or to operate pyramid or similar schemes.

6.2 Moral and Reputational Guarantees

You are not allowed to use the Services in connection with any goods or services promoting illegal or harmful industries (such as tobacco or weapons), or in any way that could damage the reputation or business goodwill of BigONE or associate BigONE with offensive or illegal content.

7. ANTI-MONEY LAUNDERING (AML) AND COUNTER-TERRORISM FINANCING (CTF)

BigONE Investment Ltd. is fully committed to ensuring compliance with all applicable AML

and CFT obligations in accordance with:

·      The applicable laws of the AIFC, including the AIFC Conduct of Business Rules, the AIFC Anti-Money Laundering, Counter-Terrorist Financing and Sanctions Rules (AML), the AIFC Rules on Digital Asset Activities, and regulations issued by AFSA;

·         The laws of the Republic of Kazakhstan, including the Law of the Republic of Kazakhstan “On Counteracting the Legalization (Laundering) of Criminally Obtained Income 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 international organizations.

7.1 Customer Due Diligence (CDD) and KYC / KYB

Users are required to complete BigONE’s KYC, KYB, and CDD procedures and to cooperate fully with the Company throughout the onboarding and ongoing review process. This may include the provision of valid identification documents and supporting evidence of their authenticity, disclosure of information relating to the source of funds or beneficial ownership, undergoing enhanced due diligence where high-risk indicators are identified or where the user qualifies as a politically exposed person, and promptly updating personal or institutional information when any changes occur.

Failure to comply with applicable KYC, KYB, or CDD requirements may result in restricted access to the Services, suspension of transactions, or suspension or termination of the account, in accordance with applicable laws and regulatory obligations.

7.2 Ongoing Transaction Monitoring

BigONE applies a risk-based approach to monitoring 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 exhibiting suspicious behavior patterns.

7.3 Know Your Transaction (KYT) and Travel Rule Compliance

In addition to the KYC customer verification and ongoing transaction monitoring obligations, BigONE implements robust KYT procedures to ensure the transparency and legality of digital asset flows on its platform. BigONE applies the following KYT protocols:

7.3.1 Automated Blockchain Analysis Tools

All transactions, including deposits and withdrawals, are subject to blockchain analysis solutions to assess the risk level of wallet addresses. Metrics evaluated include risk assessment, source of funds, connections to sanctioned organizations or high-risk groups, involvement in the darknet, or use of mixers/tumblers.

7.3.2 Transaction Risk Profiling

Transactions are continuously evaluated in real-time, considering historical user behavior, transaction speed, threshold amounts, counterpart jurisdictions, and money laundering, terrorism financing, or sanctions evasion typologies.

7.3.3 Red Flag Indicators and Alerts

Alerts are generated for transactions demonstrating abnormal or high-risk behavior (e.g., structuring, rapid inbound and outbound movements, or connections with flagged organizations). Such transactions undergo enhanced manual review and may be referred to the compliance team for further investigation.

7.3.4 Travel Rule Implementation

In line with FATF Recommendation 16 and the applicable provisions issued by AFSA, BigONE implements and maintains Travel Rule controls for digital-asset transfers that exceed the prescribed thresholds. As a DATF, BigONE is required to collect, and where necessary transmit, specific originator and beneficiary information to ensure transparency and traceability of qualifying transactions.

For transfers within scope, BigONE collects and, where applicable, verifies the required data before securely transmitting it to the receiving DATF. This information includes the full official names of the sender and the receiver, relevant account identifiers such as wallet addresses, and, where required by law, details relating to citizenship, country of residence, and identification numbers. In higher-risk scenarios, or where specifically requested by the regulator, information on the purpose of the transaction may also be obtained and shared.

All Travel Rule data is transmitted using secure messaging or other Travel Rule-compliant protocols. BigONE cooperates only with counterpart DATFs or intermediaries that apply equivalent Travel Rule standards and demonstrate an appropriate level of regulatory and operational compliance.

Where mandatory sender or receiver information is missing, incomplete, or cannot be adequately verified, BigONE may decline, delay, or freeze the relevant transaction. In such cases, and where required, the matter may be escalated and reported to the competent authorities in accordance with regulatory obligations.

BigONE regularly reviews and enhances its Travel Rule, KYT, and supporting compliance mechanisms to reflect updates to FATF recommendations, regulatory developments within the AIFC, and evolving practices across the global digital-asset ecosystem.

7.4 Restricted Jurisdictions and Sanctions Compliance

BigONE does not provide Services to individuals or organisations that are located in jurisdictions subject to restrictions or international sanctions, including those imposed by the Office of Foreign Assets Control (OFAC), the European Union, the United Nations, or the United Kingdom, that are included on any international sanctions lists or watchlists, or that use the Platform in violation of applicable anti-money laundering or counter-terrorism financing laws of the Republic of Kazakhstan or the AIFC. By accepting these Terms, you confirm and warrant that you are not in breach of any applicable sanction regimes or AML/CTF laws.

7.5 Legal Reporting Obligations

BigONE may be required to report certain user actions or transactions to relevant regulatory or law enforcement authorities, including AFSA, the Financial Monitoring Agency (FIU) of the Republic of Kazakhstan, and other competent state authorities in accordance with the laws of the Republic of Kazakhstan or applicable international law. Any such reporting may be made without prior notice to the user and without incurring any liability to the user.

7.6 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 account access, or delay transactions where you have failed to complete required KYC, KYB, or AML checks, where you have provided false, inaccurate, or misleading information, or where your account activity is considered suspicious or otherwise in violation of applicable anti-money laundering or counter-terrorism financing laws. BigONE shall not be liable for any losses incurred by users because of actions taken in compliance with these legal and regulatory obligations.

8. GENERAL PROVISIONS

8.1 Limitation of Liability

BigONE, its affiliates, officers, directors, employees, agents, licensors, or any other parties involved in the creation, development, operation, or provision 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

·      direct or indirect losses;

·      incidental, special, punitive, consequential, or indirect 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 limitation includes, without limitation, damages arising from any inability to access or use the Platform or the Services, system failures or malfunctions, errors, viruses, or other harmful components, or any unauthorised access to or use of your account or data. BigONE’s aggregate liability, in any case, shall not exceed the amount specified in accordance with applicable law.

8.2 User Obligations

By using the Platform, you agree to maintain the hardware, software, and internet connection necessary to access BigONE, to securely store your account credentials and refrain from disclosing them to any third party, to provide truthful, accurate, and up-to-date information during registration and to promptly notify BigONE of any changes, to assume full responsibility for all activities conducted through your BigONE account, and to bear all applicable costs, taxes, and network fees arising from your use of the Services.

8.3 Digital Asset Protocols and Network Risks

You acknowledge that the use of digital assets, their networks, and protocols involves inherent risks, including but not limited to:

·       extreme market volatility and the potential total loss of asset value;

·       delays or failures in transactions due to blockchain overload or technical issues;

·       permanent loss of digital assets sent to incompatible or incorrect addresses (e.g., ERC-20 tokens sent to wallets that do not support ERC-20);

·       unexpected protocol rule changes (hard forks) that may affect asset functionality or access.

BigONE does not control and provides no guarantees regarding the operation, security, or value of any digital assets or networks. In the event of a fork, BigONE may suspend services and has no obligation to support the new protocol.

8.4 Trading System Control

BigONE reserves the right to reject orders that exceed applicable threshold values for volume

or price or that appear to be erroneous, to temporarily suspend or restrict trading to ensure the orderly functioning of the market, and to modify or cancel transactions that are affected by technical errors or system failures.

8.5 BigONE’s Commitments

BigONE is committed to delivering its services in a transparent, fair, and secure manner. The Company clearly communicates all applicable fees, charges, and storage terms so that clients can make informed decisions at every stage of their interaction with the platform. Client information is treated as confidential and is protected in accordance with the data-protection requirements applicable within the AIFC and the laws of the Republic of Kazakhstan.

BigONE ensures fair and non-discriminatory access to its services and applies consistent standards to all clients. Robust security measures are maintained to protect digital assets against theft, loss, misuse, or unauthorised access. Clients are permitted to withdraw their assets, subject to the completion of required verification procedures and the payment of any applicable fees.

The Company also maintains a clear and independent dispute-resolution process designed to address client concerns in a timely and objective manner. Dedicated customer support is available to assist users with registration, trading activities, asset storage, and other service-related matters throughout the client lifecycle.

8.6 Fees and Charges

All applicable fees and charges are publicly available on BigONE’s official website. By using the Services, you agree to pay such fees and authorize BigONE to automatically deduct them where applicable.

8.7 Scope of Services

BigONE provides its core services strictly within the scope of the licences issued by AFSA. The nature and extent of such services are determined by the terms of the relevant licences and the applicable regulatory requirements of the AIFC, including the AIFC Rules on Digital Asset Activities, and are limited to those activities for which the Company is expressly authorised by the regulator.

DEPOSIT OF DIGITAL ASSETS — Deposit of supported digital assets into your BigONE wallet through approved blockchain networks (e.g., Bitcoin, Ethereum/ERC20).

WITHDRAWAL OF DIGITAL ASSETS — Withdrawal of supported digital assets from your BigONE wallet to external wallets, including wallets on centralized and/or decentralized exchanges.

SPOT EXCHANGE OF DIGITAL ASSETS — Execution of spot orders for real-time exchange between supported digital asset pairs. Margin and leveraged trading are not available.

OTC TRADING OF DIGITAL ASSETS — Execution of over-the-counter (OTC) trades of large volumes of digital assets directly between counterparties on individually agreed terms.

CUSTODY SERVICES — Safekeeping and secure storage of digital assets in BigONE's custody infrastructure in accordance with applicable legal and regulatory requirements.

All services are limited to digital assets approved by BigONE. Some services may be subject to restrictions based on thresholds, verification, and jurisdiction.

9. BIGONE CUSTODY PLATFORM

You may access BigONE’s custody services only after successfully completing all registration procedures, including;

·       identity verification (KYC/KYB);

·       AML verification;

·       approval of account creation on the BigONE Custody Platform.

After successful registration, you will be provided with a custody account that will allow you to store supported digital assets within BigONE’s regulated custody system.

Your digital wallets and the digital assets contained within them remain your property and responsibility. BigONE will not initiate any transactions or movements of digital assets from your wallet unless based on your clear instructions provided through the platform or authorized by a person with the necessary private keys.

In some cases, two secret keys may be required to authorize outgoing transfers. BigONE does not control your secret keys and is not responsible for initiating transfers without your

participation.

9.1 Transfer Restrictions and Legal Use

In accordance with the applicable rules of the AIFC and the laws of the Republic of Kazakhstan, the custody account provided by BigONE may be used only for lawful investment, trading, and asset-storage purposes. Clients are not permitted to use their custody accounts to transfer or receive digital assets on behalf of third parties, nor may digital assets be used as a means of payment for goods, services, or labour.

BigONE reserves the right to restrict or freeze access to a client’s digital wallet where there is a reasonable suspicion that the wallet is being used in breach of applicable AML or CTF requirements, or where it is misused for third-party transactions or commercial payment activities contrary to regulatory restrictions.

You acknowledge and agree that, where a custody wallet is frozen or restricted as a result of such violations, you are not entitled to any compensation or reimbursement and irrevocably waive any right to bring a claim for damages arising from such action.

9.2 Responsibility for Private Keys

You bear full responsibility for maintaining the security and confidentiality of the private keys associated with your Custody Wallet. BigONE does not control, store, safeguard, or manage your private keys and has no ability to access or recover them on your behalf.

If you choose to share or transfer control of your private key to any third party, including an employee, agent, or authorised representative, whether through the platform or by other means, you do so entirely at your own risk. Any person with access to your private key may obtain full control over the associated digital assets, and BigONE shall not be liable for any loss, theft, misuse, or unauthorised transfer of assets resulting from such access.

In the event that your private key is compromised, lost, or used without authorisation, you may permanently lose access to your digital assets. You acknowledge that such losses are irreversible, and BigONE will not be able to reverse affected transactions or provide any reimbursement.

10. RISKS AND CONFLICTS OF INTEREST FOR DISCLOSURE PURPOSES  

All investments are associated with inherent risks. Markets can fluctuate, and there is no guarantee that any investments will retain their value or generate profits. You acknowledge and accept the possibility of partial or complete loss of capital. You understand and accept that digital assets are inherently volatile and that trading, investing in, or storing such assets carries a high risk of financial loss. You are solely responsible for assessing whether dealing with digital assets is suitable for your personal or institutional financial situation. BigONE does not provide investment advice or recommendations.

More detailed information is available in our Risk Disclosure Statement, which can be found on our website.   

     10.1 Non-segregated Blockchain Addresses

For operational and security purposes, digital assets stored on behalf of clients may be kept in blockchain addresses controlled by BigONE. These addresses may also contain digital assets belonging to other BigONE clients and/or BigONE itself.

While internal records and ledgers provide clear ownership segregation, BigONE has a regulatory obligation, in accordance with applicable AIFC rules and the laws of Kazakhstan, to segregate client assets by blockchain addresses and will take reasonable measures to do so.

10.2 Order Accuracy and Account Balances

BigONE reserves the right, at its discretion;

·      to reject or cancel any orders placed through the Platform;

·      to limit the quantity per client, account;

·      to restrict access if it is determined that an order was placed by unauthorized third parties, intermediaries, or in violation of applicable rules.

You agree to always provide accurate, current, and complete account information. You also acknowledge that account balances displayed on the BigONE platform or application are indicative and based on current market prices obtained from the platform's tickers.

The actual liquidation value may vary depending on market conditions, liquidity, or slippage during conversion. BigONE is not liable for discrepancies caused by price fluctuations or delays in execution.

10.3 Order Slippage Risk

Order slippage refers to the difference between the price a user expects when placing an order and the price at which the order is ultimately executed. Slippage may occur, in particular, during periods of heightened market volatility, when market orders are placed for large volumes, or where there is limited liquidity available in the order book at the time of execution.

Slippage may result in execution prices that are either more favourable or less favourable than anticipated. BigONE does not guarantee that orders will be executed at the intended or displayed price. On the BigONE platform, slippage arises only in connection with market orders. Users are therefore responsible for understanding how slippage works and for taking it into account when developing and applying their trading strategies.

10.4 Withdrawal Delay

You acknowledge that after submitting a withdrawal request or after closing or canceling your investment account, BigONE may require up to seven (7) calendar days to release your assets.

This delay may occur due to settlement finality, internal verification, or compliance checks.

10.5 Transactions and Periodic Statements

BigONE will provide written confirmation via email for each completed transaction or order. In addition, BigONE will send quarterly account statements to the email address you provided during registration. This statement will reflect account balances, assets, and a summary of activity.

10.6 Finality of Transactions and No Refunds

BigONE will provide written confirmation via email for each completed transaction or order. In addition, BigONE will send quarterly account statements to the email address you provided during registration. This statement will reflect account balances, assets, and a summary of activity.

11.  PRIVACY POLICY

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

The collection and processing of personal data through the BigONE platform are governed by our Privacy Policy, which forms an integral part of these Terms. The Privacy Policy explains the categories of information we collect, how such information is used, stored, and protected, and the rights available to you under applicable data-protection laws.

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

By accessing, registering for, or using the BigONE Services, you expressly confirm that you have read, understood, and accepted the Privacy Policy. You consent to the collection, use, storage, processing, and disclosure of your personal data in accordance with its terms. You further acknowledge that your personal data may be processed in compliance with the applicable rules of the AIFC and the laws of the Republic of Kazakhstan, including AIFC data-protection requirements and applicable AML and CTF obligations.

BigONE may disclose your personal information to authorised employees, service providers, and affiliates where such access is necessary for the provision of the Services. Personal data may also be disclosed to regulators, law-enforcement bodies, or other competent authorities where required by applicable laws or regulatory requirements, as well as in other circumstances permitted or mandated by law.

BigONE applies reasonable technical and organisational safeguards to protect personal data against unauthorised access, misuse, alteration, or loss, and reviews such measures on an ongoing basis to ensure their continued effectiveness.

12. USER CONTENT

You are fully 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 responsible for the deletion, loss, damage, unauthorized access, or inability to store or encrypt your User Content, nor for the inability to access your User Content after the suspension or closure of your account.

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

12.1 License to BigONE (Limited Use)

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

This license does not transfer ownership of your User Content to BigONE and does not grant BigONE the right to use your content for advertising, resale, or any commercial purposes beyond the Services. You represent and warrant that you have all necessary rights, licenses, and permissions to provide and permit the use of your User Content in accordance with these Terms, and that providing and using such content does not infringe upon any laws, regulations, or thirdparty rights.

12.2 Rights and Obligations of the User

As a user of the BigONE platform, you are entitled to a set of fundamental rights designed to ensure fair, transparent, and secure access to the Services. You have the right to receive clear and accurate information about applicable fees, storage arrangements, and measures used to protect your digital assets. Your personal data and account information are treated as confidential and are protected in accordance with the data-protection requirements applicable within the AIFC and the laws of the Republic of Kazakhstan. You are entitled to fair and non-discriminatory treatment, to reasonable security safeguards against theft or unauthorised access to your assets, and to withdraw your digital or fiat assets at any time, subject to applicable fees, verification, and regulatory restrictions. You also have the right to access a transparent and impartial dispute-resolution process and to receive customer support in relation to technical, trading, or custody-related matters.

In using the BigONE platform, you also assume certain obligations. You are responsible for ensuring that any content you submit, upload, or otherwise make available through the Services is accurate, lawful, and does not infringe the rights of third parties. You must comply at all times with these Terms and with all applicable laws and regulatory requirements. Where third-party claims, complaints, or take-down requests arise in connection with your content, you agree to respond promptly and to take reasonable steps to resolve such matters. You remain solely responsible for maintaining appropriate security, storage, and backup arrangements for your content, including the use of encryption or other safeguards where appropriate.

12.3 Prohibited Improper Content

You must not upload, store, transmit, or otherwise make available any User Content that is unlawful or inappropriate. This includes content that is defamatory, obscene, pornographic, harassing, offensive, threatening, or otherwise objectionable, as well as content that promotes or encourages criminal conduct or other illegal activities.

User Content must not infringe the intellectual property rights, privacy rights, or publicity rights of any third party. You are also prohibited from uploading or transmitting any material that contains viruses, malware, trojans, spyware, worms, or other harmful or malicious code intended to disrupt, damage, or gain unauthorised access to systems or data.

Content that harms, threatens, or harasses any individual, group, or organisation, including BigONE, its employees, or its users, is strictly prohibited. BigONE reserves the right to take appropriate action in response to any breach of this section, in accordance with these Terms and applicable law.

13. CONFIDENTIALITY AND INTELLECTUAL PROPERTY  

The BigONE Platform, Services, and all associated components, including but not limited to software, source code, algorithms, data structures, content, design elements (including appearance), 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 by copyright, trademark, trade secret, and other applicable intellectual property laws of the AIFC and relevant jurisdictions. You agree not to copy, reproduce, distribute, sublicense, publicly display, translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on any part of the Services or BigONE’s intellectual property. Furthermore, you are not allowed to use any content or technologies of BigONE for resale, commercial purposes, or data extraction, except as expressly permitted under these Terms.

13.1 User License

BigONE grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Services solely for lawful purposes and strictly in accordance with these Terms. This licence does not grant you any right to commercially resell or redistribute the Services, to collect or use any content, descriptions, pricing information, or other data for derivative or competitive purposes, or to use data-mining tools, bots, scrapers, or other automated means to extract information from the platform.

Unless you have obtained BigONE’s prior written consent, you are not permitted to sell, resell, sublicense, assign, transfer, or otherwise make the Services or any related content available to any third party. You are also prohibited from reverse-engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Services, as well as from copying, reproducing, or transferring any financial information or other content made available through the BigONE platform for use outside the Services.

13.2 Confidentiality Obligations

In connection with your use of the BigONE Services, you may receive or have 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 disclose it to third parties without BigONE's prior written consent, except where disclosure is strictly necessary to use the Services and is permitted by law. This obligation applies to all forms of Confidential Information, whether oral, written, electronic, or otherwise.

13.3 Notification of Infringement or Misuse

You agree to promptly notify BigONE in writing if you become aware of any unauthorised use, access, disclosure, or distribution of BigONE’s intellectual property, Confidential Information, or any financial data or content relating to the Services. You further agree to cooperate fully and in good faith with BigONE in the investigation of such incidents and in the implementation of any remedial or protective measures deemed necessary.

13.4 No Transfer of Ownership Rights

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

14. LICENSE

Except as expressly provided in Section 13 (Confidentiality and Intellectual Property) or elsewhere in these Terms, no rights or licences—whether express or implied—are granted to you in respect of any content, data, materials, software, or functionality made available through the BigONE platform, website, or Services. This includes, without limitation, source code, system architecture and algorithms, interface elements and design (GUI/UX), market data, analytics, pricing information, and any downloadable files, documents, or media. All such elements remain the exclusive property of BigONE.

Subject to your compliance with these Terms, BigONE grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the platform and Services, to interact with content and financial data solely for lawful personal purposes, and to download content only where this is expressly permitted and solely for non-commercial personal use.

This licence does not confer any ownership or intellectual property rights, does not permit commercial use, public display, reverse engineering, or the creation of derivative works, and may be revoked by BigONE at any time at its discretion.

Unless otherwise agreed by BigONE in writing, you must not reproduce, duplicate, copy, sell,

resell, or otherwise exploit any part of the platform or its content; access or use the Services in a manner that competes with BigONE’s commercial activities; provide downloaded materials to any third party; or use the Services, content, or data for data mining, training artificial intelligence or machine-learning models, or similar purposes.

Any use of the BigONE platform, website, or Services in breach of this Section constitutes a material violation of these Terms and may result in immediate termination of your licence and account. Such violations may also give rise to civil or criminal liability under the applicable laws of the AIFC and the Republic of Kazakhstan, as well as legal action by BigONE to protect its rights and interests.

15. BIGONE TRADEMARKS AND FEEDBACK  

All trademarks, service marks, logos, domain names, branding, trade names, corporate identity elements, and other designations used by BigONE Investment Ltd. or related to it (collectively referred to as “BigONE Trademarks”) are the exclusive property of BigONE or its affiliates. Without BigONE’s written permission, you may not use, reproduce, imitate, display, publish, or exploit any BigONE trademarks in any form, including but not limited to:

·      advertising or marketing materials;

·      business presentations;

·      content on social media;

·      domain names or meta-tags;

·      any other materials that may imply an association with BigONE or approval by BigONE.

Any unauthorized use of BigONE trademarks is a violation of these Terms and may violate trademark laws of the AIFC or other applicable jurisdictions. BigONE reserves all rights to take legal action in such cases, including seeking an injunction, damages, and compensation.

  15.1 No License to Trademarks or Branding

Nothing in these Terms shall be interpreted as granting you any licence or right to use BigONE’s trademarks, trade names, logos, branding, or other visual elements, nor as conferring any ownership or proprietary rights in such materials. These Terms do not grant you any right to represent yourself, your products, or your services as being affiliated with, endorsed by, or approved by BigONE.

You agree not to make any false, misleading, or deceptive statements, or to create any

association that may imply a relationship with BigONE where no such relationship exists.

15.2 Submission of Feedback and Suggestions

If you voluntarily provide BigONE with any feedback, suggestions, ideas, recommendations, concepts, or proposals regarding improvements to the BigONE Platform or Services, enhancements or modifications of features, or technical solutions, visual design, or performance improvements, you acknowledge and agree that such feedback is provided without any expectation of confidentiality, compensation, or attribution. You further agree that BigONE shall exclusively own all rights, title, and interest in and to such feedback.

15.3 License to Use Feedback

By submitting any feedback, suggestions, ideas, or recommendations to BigONE (“Feedback”), you grant BigONE and its affiliates a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sublicensable licence to use, reproduce, copy, modify, adapt, publish, translate, distribute, and publicly display or perform such Feedback. This includes the right to create derivative works from the Feedback and to incorporate it into products, documentation, marketing materials, services, or internal business processes.

This licence is granted without restriction or obligation to you and applies regardless of whether BigONE chooses to implement or rely on the Feedback. The licence remains in effect indefinitely, including after you cease using the Services.

  15.4 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 that you may have in relation to your Feedback, and any claims against BigONE or its affiliates regarding compensation, recognition, or liability arising in connection with the use or non-use of such Feedback.

16. AMENDMENTS TO THE TERMS

BigONE reserves the right to modify, update, amend, or replace these Terms at its discretion,

including where such changes are required as a result of amendments to applicable laws or regulations, updates to the functionality of the Services or the Platform, or changes to internal policies or operational requirements. Any such amendments shall be made in accordance with this section and, where applicable, in compliance with relevant legal requirements.

BigONE will notify clients of any material amendments to these Terms through one or more of the following channels: by email sent to the address provided at the time of registration; by publication in the “Notices” section of the BigONE website; and, where applicable, through on-platform notifications upon login or interaction with the platform.

Such notification will be provided within five (5) Business Days from the date on which the relevant amendments come into effect.

Amendments are considered legally binding and incorporated into these Terms after your explicit consent, such as through electronic means, including SMS confirmation, electronic signature, or consent via a link, or by your continued use of the Platform or BigONE Services after the amendments take effect.

If you disagree with the amended Terms, you must notify BigONE in writing and immediately cease using 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.

If any amendments are made to comply with applicable laws, regulatory obligations, or AIFC requirements, such amendments may take effect immediately without prior notice, where permitted by law.

You are fully responsible for periodically reviewing the Terms, which are available at any time on the BigONE website. Your continued access to or use of the Platform signifies your acknowledgment and acceptance of the most recent version.

17. CONTACTS AND OFFICIAL COMMUNICATION

If you have any questions, comments, or feedback regarding these Terms, the BigONE Platform, or the Services provided, you can contact us at cs@big.one.  

We will attempt to respond to general inquiries within seven (7) Business Days.

17.1 Official Notices and Legal Correspondence

All official legal communications, including notices relating to disputes, claims, arbitration proceedings, or data-protection matters, must be submitted in writing and addressed to:

BigONE Investment Ltd.

Attn: Legal Department

Address: Republic of Kazakhstan, Astana City, Esil District, Mangilik El Avenue, Building 55/17, Office 149, Z053F5.

17.2 Regulatory and Compliance Inquiries

For inquiries related to AML/CFT, sanctions compliance, or KYC/KYB, please contact compliancekz@big.one. Before responding, we may request additional documents or verification.

17.3 Language of Communication

All official correspondence and customer support by BigONE can be conducted in Kazakh, Russian, or English. We may, at our discretion, provide messages, documents, and notifications in more than one language. However, in the case of any discrepancies or conflicts between different language versions of the Terms or any related documents, the English version shall prevail for the purposes of interpretation, legal validity, and enforcement.

17.4 Communication Channels

BigONE may communicate with you through the email address registered to your BigONE account, the messaging centre available on the platform, SMS or mobile notifications where such options are enabled, and official notices published in the “Announcements” section of the platform or website.

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

18. THIRD-PARTY SERVICES AND NON-BIGONE APPLICATIONS  

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

·       links to external websites of regulatory bodies or government agencies;

·       third-party analytics or charting tools;

·       identity verification services;

·       custodians of digital assets or wallets;

·       fiat currency payment gateways;

·       other DATF.

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

18.1 Integration with Non-BigONE Applications

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 integrating a Non-BigONE Application with BigONE services, you grant BigONE permission to exchange data with the third-party provider necessary for system interaction. You also acknowledge that BigONE is not responsible for any changes, deletion, or misuse of your content or data caused by the Non-BigONE Application. If the third-party provider of the Non-BigONE Application discontinues integration with our Services, BigONE may disable this feature without compensation, reimbursement, or liability.

18.2 Use of Third-party Services

While using the Services, you may encounter products, services, offers, or promotions from external platforms, including other DAFTs or third-party providers (“Third-Party Services”), or you may be offered access to them. These Third-Party Services are fully independent of BigONE. You acknowledge and agree that BigONE does not control or endorse any Third-Party Services and is not responsible for the availability, content, performance, legality, or quality of any goods, services, or data provided by such third parties. Your interaction with Third-Party Services is undertaken solely at your own risk and is governed by separate legal agreements between you and the relevant third-party provider.

BigONE makes no warranties and assumes no liability for any loss or damage arising from your use of Third-Party Services, including the use of external DATF, exchanges, wallets, or software integrations. Most Third-Party Services maintain their own terms of use and privacy policies, and you are solely responsible for reviewing and understanding those documents before accessing or using such services.

18.3 Categories of Third-party Services

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

·      Identification and Compliance Services: including KYC/KYB/AML service providers, sanction screening tools, and compliance platforms.

·      Storage Infrastructure and Wallets: including third-party custodians, hosted wallets, and decentralized wallet integrations.

·      Market Access and Liquidity Providers: including external DATF, execution venues, and trading aggregators.

·      Payment Processing and Fiat Gateways: including banking 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 metrics.

·      Regulatory or Government Services: including interfaces for compliance with taxation, auditing, or legal disclosure requirements.

These categories are indicative and may be updated as BigONE’s services evolve.

18.4 Storage Integration and External Wallets

BigONE may permit users to connect to, or access, external storage service providers and self-custody wallet solutions, including institutional-grade custodians and decentralised wallet systems. Such integrations are provided for convenience and interoperability purposes only.

Unless expressly stated otherwise, BigONE does not control or hold users’ private keys in connection with external wallets. Any wallet integration does not constitute a custodial relationship with BigONE unless this is explicitly set out in a separate written custody agreement. BigONE shall not be responsible or liable for the loss, theft, inaccessibility, or unavailability of digital assets that are managed through third-party wallets or external storage systems.

Users remain solely responsible for understanding the structure, security features, backup procedures, and operational risks associated with any third-party wallet or storage service they elect to use.

18.5 Market Access via Other DATF

The BigONE Platform may provide users access to markets managed by external DATFs via technical and operational integration. These external DATFs are legally and operationally independent from BigONE and may be regulated in various jurisdictions, including, but not limited to, other AIFC-authorized entities, foreign regulated exchanges, or licensed multilateral trading facilities.

18.5.1 Purpose and Scope of Integration

Integration with external DATFs may serve one or more purposes, including liquidity aggregation across multiple trading venues, order execution on external markets through the BigONE interface or intelligent routing mechanisms, displaying market depth, determining prices, or comparing execution venues, and providing access to specific digital asset pairs or token listings that are not directly available in BigONE’s internal order book.

Such access may be provided through API, white-label or embedded interfaces, inter-exchange execution arrangements, or cross-platform custody and settlement agreements.

18.5.2 Transaction Nature

Where trades are routed to an external DATF, BigONE does not act as a market maker or counterparty to the transaction and acts solely as a technical intermediary facilitating the routing of orders or the transmission of execution instructions. The external DATF remains fully responsible for the processing, execution, and settlement of such transactions. Accordingly, any legal or contractual relationships arising from such transactions exist exclusively between the user and the external DATF and not with BigONE.

18.5.3 Regulatory and Jurisdictional Considerations

External DATFs may operate under the market rules of the AIFC, where licensed by AFSA, or under the regulatory framework of a recognised foreign jurisdiction. Users acknowledge that execution practices, reporting standards, and levels of customer or investor protection may vary depending on the applicable jurisdiction, and that protections available under AIFC law do not automatically apply to third-party platforms unless expressly stated. BigONE does not control and has no influence over the regulatory, operational, or risk profile of any external DATF.

18.5.4 Execution and Settlement Risks

Execution through external DATF may involve delays in trade confirmation or settlement due to third-party systems, differences in pricing, fees, or slippage compared to BigONE’s internal order book, limitations on order cancellation, modification, or dispute resolution, and counterparty risk exposure on the external platform, particularly where custody or pre-funding arrangements are required. BigONE does not guarantee price parity between its Platform and external platforms, continuous availability of external routing or trading functionality, or real-time synchronisation of balances across platforms.

18.5.5 Compliance, Monitoring, and Disclosure

BigONE reserves the right to restrict access to certain external DATF based on user profile, jurisdiction of residence, or risk classification, to impose volume limits, asset restrictions, or

settlement conditions on externally routed transactions, and to require additional disclosures, confirmations, or agreements prior to enabling access to external markets. BigONE may suspend, disable, or terminate access to any external DATF without prior notice where the platform fails to meet regulatory or contractual requirements, where evidence of operational risk, fraud, or market manipulation is identified, or where AFSA or another competent authority issues relevant supervisory or legal instructions.

18.6 Data Exchange and Processing

To support integration, BigONE may exchange certain categories of user data with third-party services or applications that are not owned or operated by BigONE, including verification status or related documentation such as identity verification materials, wallet addresses and blockchain transaction references, and trading identifiers or account metadata. Any such data exchange is carried out solely for the purpose of providing or maintaining the relevant Services, in accordance with BigONE’s Privacy Policy, and in compliance with applicable data protection laws of the Astana International Financial Centre and, where applicable, the Republic of Kazakhstan. BigONE does not permit third parties to store, retain, or use any shared data beyond what is strictly necessary for the technical integration.

18.7 Suspension or Termination of Third-party Services

BigONE reserves the right, at its sole discretion, to suspend, disable, or terminate access to any third-party services or Non-BigONE Applications, with or without prior notice, where the relevant service provider discontinues the service, the integration becomes technically incompatible with the platform, the provider’s legal or regulatory status changes, or the service poses a risk to the security, stability, or integrity of the platform.

Any suspension or removal of third-party services does not give rise to any entitlement to compensation, credit, refund, or alternative access for users.

18.8 Direct Electronic Access (DEA)

Direct Electronic Access (DEA) is a service offered by BigONE that allows eligible clients to directly connect to the Platform's trading infrastructure to place orders and access real-time market data without 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.

18.8.1 Forms of DEA

DEA may be made available through various connectivity models, depending on the user’s technical setup and operational needs. These include REST APIs for standard account management, market data access, and order execution; WebSocket APIs for real-time data streaming and low-latency event handling; and the Financial Information eXchange (FIX) protocol for institutional-grade order routing and execution, including high-frequency trading use cases.

DEA may also be provided through DMA bridges that allow broker-dealer or intermediary systems to transmit client orders directly to the platform, as well as through customised gateway solutions designed for co-located environments or cross-platform institutional infrastructures.

All DEA access points are documented, monitored, and maintained in accordance with BigONE’s internal system architecture, security standards, and operational controls.

18.8.2 Eligibility and Authorization

Access to DEA is subject to a formal eligibility and approval process. Applicants must complete full registration, identity verification, and applicable regulatory screening, and must enter into a DEA agreement or an annex to the primary Terms. Applicants are required to demonstrate that they have the technical capability to connect to BigONE’s systems in a secure, stable, and reliable manner, and that they maintain adequate internal risk controls, trade supervision arrangements, and operational security measures. DEA users must also comply with all applicable market rules of the AIFC, including requirements relating to market conduct, system integrity, and, where applicable, algorithmic trading.

BigONE reserves the right to refuse or revoke DEA access where an applicant or user fails to satisfy these conditions or no longer meets the required standards.

18.8.3 Monitoring, Control, and Limitations

To safeguard market integrity, stability, and platform security, all DEA connections are subject to continuous monitoring and real-time control mechanisms. These include pre-trade risk controls such as volume limits, price boundaries, and order-frequency thresholds, as well as intraday controls designed to manage message traffic and prevent abusive or excessive activity. BigONE maintains emergency shutdown and automatic lockout capabilities, enabling the immediate suspension or isolation of a DEA session where necessary.

DEA activity is subject to ongoing trading surveillance, including analysis of order patterns, detection of spoofing or other market-abuse indicators, and review of abnormal behaviour. Secure session authentication and encryption are applied to protect access and ensure the integrity of all submitted instructions. DEA users must comply with the technical specifications published by BigONE and must promptly implement updates, patches, or changes required by the platform.

18.8.4 Restrictions and Revocation

DEA access is a privileged capability and not an entitlement. BigONE may suspend, restrict, or revoke DEA access at any time, without liability, where there is evidence of unauthorised use, system manipulation, or breaches of rules; where operational, legal, or technical standards are not met; where erroneous, disruptive, or algorithmically harmful order flows are identified; where the user’s legal, regulatory, or risk status changes; or where required by a directive of a competent authority, including AFSA.

DEA users must fully cooperate with any audits, investigations, or requests for information, including the provision of logs, records, or technical documentation.

18.8.5 Liability and Indemnification

BigONE shall not be liable for failed or delayed executions, slippage, interruptions, or technical failures associated with DEA connections, nor for erroneous orders submitted via the DEA channel. BigONE is also not responsible for any unauthorised activity resulting from a compromise of the user’s own systems, infrastructure, or access credentials.

Users accessing the platform via DEA remain fully responsible for all actions carried out using their credentials and agree to indemnify and hold BigONE harmless against any losses, damages, or regulatory actions arising from misuse of DEA access or violations of applicable rules or these Terms.

19. PASSWORDS AND SECURITY 

You are fully responsible for maintaining the confidentiality and security of all authentication information associated with your BigONE account. This includes, but is not limited to;

·       login identifiers and passwords;

·       private keys or seed phrases associated with your digital wallets;

·       personal Identification Numbers (PIN codes);

·       authentication tokens or codes; 

·       any other means of electronic access provided or used in connection with the Services.

You must ensure the secure storage of such credentials and not share them with third parties.

19.1 Private Keys and Wallet Access

Where you have been issued with, or have generated, private keys for use in connection with digital wallets hosted by or integrated with BigONE, you remain solely responsible for the secure storage, encryption, and backup of such private keys. BigONE does not store, retain, or maintain copies of user-controlled private keys and is therefore unable to recover access to any digital assets lost as a result of loss, compromise, or improper management of those keys.

Any use of a private key associated with your account will be treated as authorised activity unless you are able to demonstrate, to BigONE’s reasonable satisfaction, that such use resulted from unauthorised access beyond your control.

19.2 Unauthorized Access and Breach Notification

You must immediately notify BigONE at cs@big.one if you become aware of any unauthorised access to your BigONE account, any actual or suspected compromise or disclosure of your credentials, wallet, private keys, or related infrastructure, or any other security incident affecting your account, systems, or network used in connection with the Services.

Upon receipt of such notification, BigONE may, as necessary and in accordance with regulatory obligations, suspend or restrict access to your account, limit transactional activity, request additional information or verification, and initiate internal security controls or investigations to address the incident and ensure regulatory compliance.

19.3 Cooperation in Security Investigations

You agree to fully cooperate with BigONE in the investigation of any security incidents affecting your account by timely providing any information requested by BigONE or its authorised agents, granting access to relevant audit logs or expert findings obtained in the course of any third-party investigations, and taking reasonable measures to mitigate existing risks and prevent further damage. Failure to cooperate may result in the suspension of your account, legal liability, or reporting to the relevant regulatory authorities in accordance with applicable AIFC legislation.

19.4 Responsibility for Account Activity

You are responsible for all activity carried out under your BigONE account, whether authorised by you or not, including orders placed using your credentials, asset transfers made through your connected wallets, and any third-party access initiated using your login data. BigONE assumes no liability for any loss or damage arising from unauthorised access to your account that results from your failure to adequately secure your credentials, private keys, or systems.

20. ACCESS TO THE BIGONE PLATFORM FROM OUTSIDE AIFC AND KAZAKHSTAN 

The BigONE Platform, including its website, mobile applications, APIs, and all associated services, is managed and operated by BigONE Investment Ltd., a private company licensed by AFSA and based in the jurisdiction of AIFC, Republic of Kazakhstan. All activities conducted through the Platform are governed by the applicable laws of AIFC and related regulations and guidelines. In cases where AIFC law does not apply, the laws of the Republic of Kazakhstan shall apply.  

Although the Platform may be technically accessible from jurisdictions outside 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 do so voluntarily and at your own risk. You are fully responsible for ensuring that your access to and use of the Services complies with all applicable laws and regulations of your local jurisdiction. BigONE assumes no liability for any consequences arising from the use of the Platform in jurisdictions where its services are not permitted.

  20.1 Compliance with Local Laws and Regulations

Users located outside the AIFC or the Republic of Kazakhstan must ensure that their use of the Platform is not restricted, prohibited, or otherwise unlawful in their country of residence, that all applicable local regulatory, licensing, tax, reporting, and legal requirements relating to digital assets or financial services are fully complied with, and that the Platform is not used in any manner that would subject BigONE to unintended regulatory obligations in any foreign jurisdiction. BigONE reserves the right to refuse or restrict access to the Platform or the Services based on the user’s jurisdiction, place of residence, or risk profile.

20.2 Restricted Jurisdictions

BigONE does not offer or permit access to its Services from certain restricted jurisdictions, including countries or territories that are subject to comprehensive sanctions or embargoes, that impose bans on digital asset services, or that present increased risks of money laundering or terrorist financing.

An up-to-date list of restricted jurisdictions is available in the support center on the BigONE website. BigONE may update this list at any time based on internal policies, regulatory guidance, or international obligations. Users are responsible for reviewing this list before registering or using the Platform. Attempts to access from restricted jurisdictions may be automatically blocked.

21. DATA STORAGE AND CROSS-BORDER DATA PROCESSING

All personal data and User Content collected by BigONE in the course of providing the Services are primarily stored and processed within the jurisdiction of the AIFC, Republic of Kazakhstan. Such processing is carried out in accordance with the AIFC Data Protection Rules, BigONE’s internal information-security and data-protection framework, and all other applicable laws and regulatory requirements in force within the AIFC and the Republic of Kazakhstan.

BigONE may, for operational or technical reasons, store or process certain personal data in jurisdictions outside the AIFC and the Republic of Kazakhstan, provided that such jurisdictions are recognised as offering an adequate level of personal data protection as determined by the AIFC Data Protection Commissioner or an equivalent international authority, such as under the General Data Protection Regulation of the European Commission. Any such cross-border data transfer shall be carried out in accordance with applicable transfer mechanisms, which may include data transfer agreements, standard contractual clauses, or, where required, user consent. At present, BigONE may utilise secure data storage infrastructure located in jurisdictions such as the United Kingdom and Germany, which are recognised as providing an adequate level of data protection.

21.1 Data Protection Policy

BigONE processes all personal data in accordance with its Data Protection Policy, which sets out the categories of data collected, the purposes for which such data is used, applicable data retention periods and access controls, and the rights of data subjects together with the procedures for submitting related requests. The full text of the Data Protection Policy is available on the BigONE website.

By using the BigONE Platform, you acknowledge that your personal data may be stored or processed in multiple jurisdictions, consent to such cross-border data transfers where applicable, and confirm that you have read and understood the terms of the Data Protection Policy.

22. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION  

All materials, data, and content made available on the BigONE platform, including prices, asset descriptions, fees, estimated transaction times, and system-status information, are provided for general informational purposes only. BigONE does not warrant or guarantee the accuracy, completeness, timeliness, or error-free nature of such information, nor the absence of omissions.

Information displayed on the platform may be derived from automated data feeds, third-party sources, or algorithmically generated summaries. As a result, it may not always reflect real-time market conditions, current pricing, or the actual operational status of the platform or Services.

The scope of content that may be affected includes, without limitation, lists and descriptions of digital assets, the availability of trading pairs and price data, fee rates and promotional discounts, settlement timelines and withdrawal expectations, announcements, banners, pop-up notifications, reference materials or help articles, and any marketing or educational content made available on the Platform.

   22.1 Right to Correct and Modify

BigONE reserves the right, without prior notice, to correct any typographical, factual, or pricing errors, to modify, update, or remove content that is inaccurate or outdated, and to cancel or nullify any orders, promotions, or service actions that are based on incorrect or outdated information, even where such actions have already been submitted or confirmed. Where such corrections materially affect a transaction, BigONE may notify you through the Platform or via your registered email address.

22.2 User Responsibility

You are responsible for independently verifying critical information, such as exchange rates, gas fees, or other transaction-related data, before submitting any transaction or order, for regularly reviewing official notifications, product documentation, and published price lists, and for consulting qualified professional advisers when making financial, legal, or tax decisions based on information obtained from the Platform. BigONE assumes no responsibility for any losses, damages, or missed opportunities arising from reliance on information that is outdated, incomplete, or inaccurate.

22.3 Historical or Archived Information

Certain data made available through the Services may be historical in nature, including previous results, completed transactions, or past announcements. Such historical or archived information is provided solely for reference or record-keeping purposes and may not reflect current market conditions, platform availability, or regulatory status. This information should not be relied upon as indicative of future performance or as creating any obligation on the part of BigONE.

22.4 No Obligation to Update

Except where expressly required by applicable law, BigONE has no obligation to actively update information made available on the Platform, to notify users of each correction, modification, or change to content, or to maintain version histories or change logs for informational materials. For legally binding terms and the most up-to-date version of the Terms, users should refer to the official Terms and any related notifications published on the BigONE website.

23. DISCLAIMER OF LIABILTY AND LIMITATION OF LIABLITY 

You expressly acknowledge and agree that you use the BigONE Platform, the BigONE website, services, tools, or any related products solely at your own risk. All services are provided "as is," "as available," and "with all faults." BigONE disclaims all warranties, express or implied, to the fullest extent permitted by law.

BigONE makes no warranties or representations, whether express or implied, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. BigONE does not warrant uninterrupted or error-free access to the Services, nor does it make any representations regarding the reliability, availability, accuracy, timeliness, or completeness of any data or content, or the absence of viruses, malware, security breaches, or data loss. These disclaimers apply to all Services, tools, trading features, third-party content, and any data transmitted, processed, or stored through the Platform.

BigONE does not warrant that the Services will meet your expectations or be suitable for your specific purposes, that any information or explanations provided by BigONE personnel constitute investment advice, that data obtained from third-party exchanges or protocols is accurate, secure, or complete, or that the Platform or any of its functionality will remain unchanged, operate without interruption, or be available on a continuous or indefinite basis.

  23.1 Limitation of Liability

To the fullest 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:

·      direct, indirect, incidental, punitive, or consequential damages;

·      loss of profits, revenue, income, business opportunities, savings, or business;

·      loss of data or system failure;

·      damage to reputation or business reputation;

·      losses caused by inaccurate, outdated, or unavailable content;

·      losses related to the inability to access the Platform or Services or to use them;

·      damage 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 notified of the possibility of such damages.

23.2 Maximum Liability Limit

If BigONE is found liable in connection with the Services, its total aggregate liability shall not exceed either the aggregate value of the digital assets and fiat currency held in the user’s verified wallets on the BigONE Platform at the time of the incident or, in the case of a claim related to a specific transaction, the nominal value of the disputed transaction. This limit is your sole and exclusive remedy.

23.3 Specific Exclusions

BigONE is not liable for any lost profits, income, or hypothetical or anticipated returns, including trading losses, for business interruption, loss of customers, market position, or overhead expenses, for hardware or software failures or data corruption, for blockchain protocol forks or network changes that are unrelated to BigONE, or for the conduct, performance, or solvency of other DATF. BigONE is also not liable for any damage arising from the use of educational or illustrative materials published by BigONE, for any adverse financial decisions made in reliance on Platform content, past performance, or hypothetical examples, for any issues arising from BigONE’s compliance with legal or regulatory obligations, for fees charged by issuing banks or card providers in connection with the Services, or for any loss of access to digital assets resulting from improper management of private keys or account credentials.

23.4 Protocol-level Risks

You acknowledge that BigONE does not control or maintain blockchain protocols and shall not be liable for forks, updates, or failures of any digital asset protocol, incompatibility with wallets or third-party tools, network congestion, mining delays, or inconsistencies in transaction finality, or the permanent loss of digital assets resulting from unsupported or incorrectly directed transactions. In the event of a hard fork or other significant network event, BigONE reserves the right to suspend or permanently discontinue Services related to the affected digital asset.

23.5 Changes to Services and Legal Standing

BigONE reserves the right, at its discretion and without obligation, to update, enhance, modify, suspend, or discontinue any part of the platform, as well as to correct, amend, or remove any functionality, content, or features.

Where changes are material, BigONE may provide advance notice of at least five (5) Business Days through the official “Announcements” section of the platform and/or by email sent to registered clients. Continued use of the platform following such changes may require your electronic confirmation, including acceptance via electronic signature or SMS verification, as a condition of continued access to the Services.

23.6 User Responsibility and Risk Acknowledgment

You acknowledge and accept full responsibility for assessing the risks associated with the use of digital assets, for consulting qualified legal, tax, and financial professionals prior to using the Platform, and for independently verifying the suitability of any strategies, financial products, or materials in light of your personal or institutional circumstances. BigONE does not guarantee the profitability, success, or outcome of any trading activity. Any examples of trades, screenshots, illustrations, or reviews made available on the Platform are provided solely for educational and illustrative purposes and do not constitute recommendations or advice.

23.7 Disclaimer Regarding Communication and Support

Any messages, suggestions, or explanations provided by BigONE’s support staff are for informational purposes only and do not constitute legal or investment advice, nor do they create any contractual obligations. The availability of support may vary based on region, language, and platform infrastructure.

23.8 Final Provisions

If any provision of this section contradicts other provisions of the Terms, this section shall take precedence concerning BigONE’s liability. Nothing in this section excludes or limits liability that cannot be legally excluded under AIFC or Kazakhstan law (e.g., for fraud or intentional misconduct). Users accessing the Services confirm that they do so voluntarily and at their own risk, fully understanding the nature of digital assets and financial markets.

24. COST OF SERVICES AND ASSET STORAGE 

By accepting these Terms, you explicitly acknowledge and agree that BigONE has the right to charge fees in connection with providing its Services, including but not limited to:

·      storage and safekeeping of digital assets,

·      transaction execution (including spot or OTC deals),

·      account maintenance, withdrawal, or deposit transactions,

·      and any other services provided through the Platform.

All applicable fees for the Services are listed in the Fee Schedule available on the BigONE website.

BigONE may, at its discretion, deduct applicable fees for services directly from your BigONE account balance, including any associated digital assets.

24.1 Prior Notice of Fee Changes

BigONE reserves the right to change, modify, update, or increase any fees, including network-related fees such as blockchain transaction fees, storage or safekeeping fees, and execution spreads or trading fees. You will be notified in advance of any material fee changes through one or more communication channels, which may include publication on the official BigONE announcements page, an email sent to your registered email address, or an SMS or in-application push notification.

You are responsible for reviewing all such notices and the updated Fee Schedule. Your continued use of the Platform after the effective date of any fee changes constitutes your acceptance of the revised terms and authorises BigONE to apply the updated fee structure to your account.

24.2 Authorization to Deduct Fees

By accepting these Terms, you authorise BigONE to automatically charge or deduct applicable fees from your account balance, whether in fiat currency or digital assets, to deduct fees in respect of services relating to completed or pending transactions, and to apply storage or account maintenance fees in accordance with the applicable Fee Schedule. Unless otherwise specified, such fees will be charged in the same currency or asset class in which the relevant transaction was conducted.

24.3 Mandatory Nature of the Fee Schedule

By registering for and maintaining a BigONE account and continuing to use the Platform, including by logging into your account, sending API calls using your credentials, or authorising transactions on your behalf, you confirm your acceptance of the current Fee Schedule. If you do not agree with any updated fees, you must cease using the Services and initiate account closure before such changes take effect.

24.4 External Networks and Third-party Fees

In addition to the fees set and charged by BigONE, as indicated in the official Fee Schedule, you acknowledge and accept that when using the Platform, certain external fees may apply. These fees are set by third-party networks, systems, or service providers and are outside of 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 (e.g., Bitcoin, Ethereum, BNB Chain, or Tron), you will be required to pay a network fee. This fee;

§  is not charged by BigONE;

§  is determined by the underlying blockchain protocol based on current network congestion;

§  is used to reward validators or miners who process and confirm transactions.

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

·        Fiat Payment Processing Fees

If you deposit or withdraw fiat currency through external banking systems or payment systems, additional fees for transactions or currency conversion may be charged by;

§  your issuing bank;

§  card provider;

§  payment gateway;

§  intermediary financial institutions.

These fees vary depending on the provider and may include fees for international transfers, card usage surcharges, or exchange rate margins.

·      Third-Party Storage Providers and Infrastructure

In relevant cases, the use of third-party custodians, wallets, infrastructure bridges, or market data sources accessed via application programming interfaces may be subject to independent pricing models established by those providers. Such providers may charge fees for services including the secure storage or insurance of digital assets, access to market data or API usage beyond established thresholds, and the provision of advanced trading tools or analytics. BigONE does not receive any portion of these fees and bears no responsibility for notifying users of any charges imposed by such third-party providers.

24.5 Responsibility for External Fees

You acknowledge that you are fully responsible for reviewing and understanding all applicable third-party fees before initiating any transaction, that BigONE has no obligation to refund, return, or otherwise compensate you for such fees under any circumstances, and that you bear responsibility for any delays, rejections, or partial execution of transactions resulting from underpayment or incorrect calculation of external fees. You are encouraged to consult your financial institution, payment service provider, or wallet provider regarding any fees that may arise in connection with your use of the Platform and the Services.

25. PRODUCT UPDATES, SERVICE CHANGES, AND PRICING

BigONE reserves the right, at its sole discretion, to change, update, improve, fix, limit, suspend,

or permanently discontinue any aspect of the Services or the Platform, whether in whole or in part. This includes, without limitation, modifications to the core technology, functionality, or features of the BigONE Platform, changes to the structure or format of Content made available through the Services, adjustments to the availability of specific trading pairs, storage features, or account types, and alterations to the interface, design, or layout of the BigONE website or application. Such changes may be temporary, including for maintenance purposes, or permanent, including the discontinuation of certain services. BigONE shall not be liable to you or any third party for any changes, price adjustments, suspensions, errors, malfunctions, or termination of the Services or any component thereof.

25.1 Prior Notice and Agreement for Significant Changes

In the event of any significant changes to the Services or Fees, such as the introduction of a new fee, removal of a feature, or discontinuation of a core service, you will be notified at least five (5) Business Days in advance via the official announcement on the BigONE website and by sending an email to the address associated with your account.

You may be required to officially confirm and accept these changes through an electronic signature on the Platform or SMS confirmation using your registered number. Failure to provide such confirmation may result in restricted access to Services or termination of the business relationship.

25.2 Price Changes

All prices and fees applicable to the BigONE Services, including trading fees, storage or withdrawal charges, and fees for premium services or subscriptions, may be amended by BigONE from time to time without prior notice, except where advance notice is required by

applicable law or regulatory requirements.

Any updated prices or fees will be published in the official price list made available on the BigONE website. Your continued use of the Services after such changes take effect constitutes your acceptance of the revised prices and fees.

25.3 Software and Application Updates

BigONE may perform scheduled or unscheduled software updates to improve performance, fix bugs, enhance security, or add/remove features. This may include updates to the mobile application, desktop software or API or backend platform infrastructure. Depending on your device settings, updates may be applied automatically, or you may be prompted to download the latest version manually from the app store or BigONE website. You are responsible for using the latest and secure version of the BigONE application or API to avoid service disruptions or security vulnerabilities.

25.4 Extended Downtime and User Rights

Although BigONE makes commercially reasonable efforts to ensure the continuous availability of its Platform and Services, some updates, upgrades, or maintenance operations may require temporary suspension of access to the Platform, including the BigONE website, application, or API. 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 customer support via email at cs@big,one to request clarification about the expected downtime duration and the status of your account or transactions.

Your request should include:

·      your full name and registered email address,

·      your BigONE account ID (if available),

·      a brief description of the issue or query.

BigONE will respond promptly to such inquiries and may, where appropriate, provide estimated timelines for service restoration, updates on the status of critical operations (including asset storage and pending orders), and guidance on any further steps to be taken or alternative means of contacting the Company.

In case of prolonged maintenance exceeding seventy-two (72) hours, BigONE will also publish an official notification on its status page or support center, specifying the reason for the outage and the planned resolution.

26. AVAILABILITY OF SERVICES 

Although BigONE makes commercially reasonable efforts to ensure a high level of service availability and operational continuity, you acknowledge and agree that the availability, performance, and functionality of the Platform and the Services depend on a variety of internal and external factors. These factors include, without limitation, the condition and performance of communication networks and the Internet, the proper functioning of hardware, software, and connectivity on the user’s side, the availability and reliability of cloud hosting infrastructure and blockchain nodes, and the operational integrity of third-party service providers.

Such third-party providers may include blockchain data feed providers, fiat payment gateways, analytics tools, and digital asset custody service providers. As a result, uninterrupted or error-free access to the Platform cannot be guaranteed.

26.1 No Guarantee of Continuous Service

BigONE makes no representations, warranties, or guarantees regarding uninterrupted, timely,

or error-free access to any part of the Platform, the continuous availability of any specific digital assets, features, or trading opportunities, or the full or partial protection of the Services against delays, system errors or bugs, server failures, unauthorised access, or malicious attacks, including distributed denial-of-service attacks, exploits, or other disruptions. The Platform may be temporarily unavailable due to scheduled maintenance, system upgrades, emergency recovery procedures, or other operational reasons. BigONE will use reasonable efforts to provide advance notice of scheduled downtime and to minimise service interruptions where practicable.

26.2 Limitations Due to Dependence on Third-parties and External Factors

You acknowledge that certain aspects of the Platform depend on external systems and third-party service providers that are outside BigONE’s direct control, including global blockchain networks, domain name system providers, Internet backbone and routing services, app store distribution platforms such as the Apple App Store or Google Play, external authentication and KYC, KYB, or AML service providers, and fiat transaction processors or banking partners. Any failure, degradation, or delay in the operation of such third-party systems or providers may result in temporary suspension, restriction, or loss of access to the Services. BigONE shall not be liable for any disruptions arising from the operation or unavailability of such third parties.

26.3 Cybersecurity Risks and Force Majeure Events

BigONE shall not be responsible for any unavailability of the Platform or degradation of performance resulting from cyberattacks, security breaches, malware, or unauthorised system intrusions, nor from natural disasters, governmental actions, war, terrorism, civil unrest, pandemics, labour disputes, utility outages, or other unforeseen technical failures that are not caused by BigONE’s negligence. Such events may constitute force majeure circumstances, and BigONE shall not be liable for any delay or failure to perform its obligations arising from such causes.

26.4 Access Restoration and Status Reporting

In the event of significant or prolonged unavailability, including downtime exceeding twenty-four (24) consecutive hours, users are encouraged to contact BigONE customer support at cs@big.one, monitor the official status page, or consult the Help Center for realtime updates.

In such circumstances, BigONE undertakes to communicate relevant information through verified channels, to provide estimates of service restoration timelines where available, and to ensure proper reconciliation of user balances, open orders, and any pending transactions following the restoration of Services.

26.5 User Responsibility for Monitoring Access

You are responsible for maintaining stable Internet access and ensuring device compatibility, for keeping your application or client software updated as required, for staying informed about the Platform’s status and any scheduled maintenance windows, and for regularly reviewing the “Notifications” section for service updates.

27. SUSPENSION AND TERMINATION

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 after all funds are withdrawn and your account is fully deactivated.

BigONE reserves the right, at its sole discretion and without prior notice, to refuse to process, cancel, or block any transaction, including after funds have been debited, to reject new orders or restrict trading on your account, to freeze or restrict access to your assets, to suspend, deactivate, or permanently close your BigONE account (including any related or beneficial accounts), and to investigate your activity or request supporting documentation. Such measures may be taken for any reason, including, without limitation, an actual or suspected breach of these Terms, violation of applicable laws or regulations, activities that may expose BigONE to legal liability or disrupt other users, account inactivity for a period of three (3) years or more, technical failures, scheduled maintenance, or force majeure events, suspicious activity, fraud, or attempted unauthorised access, court orders or regulatory instructions, or pending or ongoing

litigation, investigations, or enforcement actions relating to your account.

BigONE is under no obligation to disclose the reasons for, or the internal criteria applied in connection with, any suspension or termination of an account, as such matters may form part

of its internal security, compliance, and risk management policies.

27.1 Consequences of Termination or Suspension

If your account is suspended or closed, you remain responsible for any unpaid fees, charges, or other obligations owed to BigONE, and you agree to cooperate with BigONE in responding to any requests, audits, or investigations within the timeframes specified. Any losses arising from a breach of these Terms may be debited from your account, and full re-verification of your account may be required in order to restore access. BigONE may delay or refuse the release of funds where required by applicable law, court orders, or regulatory instructions, and there is no guarantee that any suspended or cancelled transactions will be reinstated on their original terms.

27.2 Return of Funds After Termination

Upon full closure of your account and subject to regulatory clearance, BigONE will return your remaining assets to the bank account or digital wallet address specified by you, minus applicable withdrawal fees, discounts, offsets, or losses, if any. Where we are prohibited by law, court order, or regulatory instruction from paying out your funds, we will act in accordance with such requirements.

27.3 Discontinuation of Platform or Services

BigONE may, at its discretion, temporarily or permanently discontinue the platform or any part of the Services at any time. Where such a decision is made, BigONE will provide advance notice by email to your registered address and by publishing a public notice on the BigONE website. Unless otherwise required by applicable law, the minimum notice period shall be five (5) Business Days. Following such notice, continued access to or use of the Services may be conditional upon your acceptance of the changes through electronic signature or SMS confirmation.

To the extent permitted by applicable law, BigONE shall not be liable for any loss of data arising from the discontinuation of the Services, any inability to access your account during any wind-down period, or any indirect, incidental, or consequential losses resulting from such discontinuation.

27.4 Surviving Provisions

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

·      disclaimer of liability and limitation of liability;

·      confidentiality and intellectual property;

·      user obligations;

·      arbitration (if applicable);

·      general provisions.

Termination does not affect any legal claims, rights, or obligations that existed prior to the date of termination.

28. TAXES 

BigONE does not provide tax, legal, or accounting advice. Any information made available through the Platform is provided solely for general informational purposes and should not be relied upon as advice in relation to your personal tax obligations. You are solely responsible for determining, reporting, and fulfilling all tax obligations arising from your use of the Services, including obligations related to the purchase, sale, storage, or transfer of digital assets, the receipt of rewards or discounts, and participation in storage, exchange, or investment activities. You are strongly encouraged to consult a qualified tax adviser, accountant, or relevant tax authority to assess the tax treatment applicable to your personal or business circumstances.  

You agree that you are fully responsible for all applicable taxes, duties, fees, and similar charges, including value added tax, sales tax, use tax, income tax, capital gains tax, and withholding tax, as well as for preparing and submitting any required tax returns or filings with the relevant tax authorities in your jurisdiction. You also accept full responsibility for any legal, regulatory, or financial consequences arising from the underreporting or non-payment of taxes. BigONE is not responsible for calculating, collecting, or remitting taxes on your behalf, except where explicitly required by applicable law.  

Unless otherwise specified, all fees published by BigONE do not include 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 bill or deducted from your account balance. If you are exempt from taxes, you are responsible for providing valid tax exemption documentation issued by the relevant tax authority. Without such documentation, all necessary taxes will be added and are payable by you. 

If applicable law requires you to withhold taxes on payments made to BigONE (“Withheld Taxes”), you agree to timely provide official tax receipts or comparable documentation confirming payment of such taxes to the relevant authority, to cooperate in good faith with BigONE in order to obtain any legally available tax benefits, exemptions, or credits, and to complete and submit all required tax forms, including forms such as W-8BEN, W-9, or their local equivalents, as necessary to support international tax compliance. You further agree not to withhold any portion of payments to BigONE unless such withholding is expressly required by applicable law and to notify BigONE in advance where withholding is required.

BigONE is responsible only for taxes levied on its own income, assets, or employees in accordance with the laws of the jurisdiction in which it is registered ("BigONE Taxes"). This

does not include taxes related to transactions arising from your use of the Platform.

29. INDEMNIFICATION 

Each party, namely BigONE and the User (Client), agrees to indemnify, defend, and hold harmless the other party, together with its affiliates, officers, directors, employees, and agents, from and against any and all claims, losses, damages, liabilities, penalties, fines, and related costs and expenses, including reasonable legal fees, arising out of or in connection with any breach of these Terms, any negligent, fraudulent, illegal, or unauthorised use of the Services, any violation of applicable laws, regulations, or third-party rights, or any failure to meet tax or regulatory obligations applicable in the relevant jurisdiction.

29.1 Indemnification by the Client for BigONE

The Client agrees to indemnify and hold BigONE harmless to the extent that any claim, loss, or damage is not caused by BigONE’s direct or indirect fault, willful misconduct, gross negligence, or breach of its legal obligations, and instead results from the acts or omissions of the Client, including actions taken by third parties who use the Client’s account with or without permission, or from circumstances not arising from failures in BigONE’s systems or infrastructure. In such cases, the Client assumes full responsibility for the legal defence of any claims brought against BigONE, agrees to cover all reasonable attorneys’ fees and other legal costs incurred by BigONE in connection with the defence of such claims, and undertakes to cooperate in good faith with BigONE in any related litigation, regulatory inquiries, or investigations.

30. APPLICABLE LAW AND DISPUTE RESOLUTION 

These Terms, as well as any contractual, pre-contractual, or non-contractual obligations arising

from or related to the use of the BigONE Platform or Services, are governed and interpreted in accordance with the following legal framework:

·      Primary Law: The applicable law of the Astana International Financial Centre (AIFC), including all relevant regulations, rules, provisions, guidelines, and case law established by the AIFC Court and AFSA.

·      Secondary Law: The laws of the Republic of Kazakhstan, but only to the extent that the matter is not directly governed by the laws of the AIFC and provided that such application does not conflict with the primary regulatory objectives or legal framework of the AIFC.

·      Conflict of Laws: Both parties explicitly waive the application of any conflict of laws rules, whether domestic or international, which may lead to the application of a legal regime outside the AIFC or Kazakhstan. 

30.1 Dispute Resolution Procedure

Any dispute, whether contractual or non-contractual, arising out of or in connection with these Terms or any Services provided by BigONE, including disputes relating to their formation, validity, interpretation, performance, breach, or termination, shall be resolved in accordance with the procedure set out below.

In the first instance, either party may initiate the dispute-resolution process by providing the other party with a written notice of dispute. Such notice must clearly describe the nature and legal basis of the claim, set out the relevant facts on which the claim is based, include any supporting evidence where available, and specify the remedy or corrective action sought.

Upon receipt of the notice, the parties shall enter into a mandatory good-faith negotiation period of thirty (30) calendar days. During this period, the parties shall make genuine and reasonable efforts to resolve the dispute amicably. Discussions may take place in person, remotely, or through written correspondence, and both parties are expected to act transparently, fairly, and with a sincere intention to reach a mutually acceptable resolution.

If the dispute has not been resolved by the end of the negotiation period, either party may submit the dispute for determination by the AIFC Court, which shall have exclusive jurisdiction to hear

and resolve the matter in accordance with its rules and procedures.

30.2 Interim and Emergency Relief

Nothing in these Terms prevents either party from seeking urgent interim or judicial relief from the AIFC Court. This may include, among other measures, freezing orders or injunctions, protection of digital assets from dissipation, preservation of evidence, and orders for specific performance of obligations. Such relief may be requested without completing the negotiation period where any delay would cause irreparable harm or render judicial enforcement ineffective.

30.3 Enforcement of Court Decisions

Any court judgment, order, or arbitration award issued by the AIFC Court is final, binding, and enforceable in accordance with:

·      The legal procedures of the AIFC;

·      The laws of the Republic of Kazakhstan;

·      International treaties on the recognition and enforcement of foreign court judgments (if applicable).

Both parties agree to fully comply with any decision made by the AIFC Court, including the payment of damages, the performance or cessation of actions, and the coverage of legal costs

as stipulated by the ruling.

30.4 Severability of Dispute Resolution Provisions

If any provision, condition, term, or clause contained in Section 30, titled “Applicable Law and Dispute Resolution,” is determined by a court of competent jurisdiction or a regulatory authority to be invalid, illegal, void, or otherwise unenforceable, that specific provision shall be severed from the remainder of Section 30 and shall not affect the validity, legality, or enforceability of the remaining provisions of Section 30 or of these Terms as a whole. Following such severance, the remaining dispute resolution provisions shall be interpreted and applied as though the invalid or unenforceable provision had never been included, and the rights and obligations of the parties shall be construed accordingly.

Where legally permissible, the severed provision shall be replaced by a valid and enforceable provision that most closely reflects the original commercial intent and legal purpose of the parties, taking into account the legal framework of the AIFC, applicable rules of interpretation, and relevant public policy considerations. This severability principle applies in particular to provisions concerning exclusive jurisdiction, mandatory pre-litigation negotiation periods, references to English as the language of the procedure, and the enforceability of AIFC Court decisions in other jurisdictions.

The parties agree that partial unenforceability of any provision shall not constitute grounds for challenging the validity or enforceability of the dispute resolution mechanism as a whole. If any provision deemed unenforceable is considered essential to the operation of the dispute resolution framework, the parties shall negotiate in good faith to agree on a substitute provision that preserves the original legal and economic balance of the Agreement.

31. INTERPRETATION

This section governs the principles of interpretation applicable to these Terms, including the use of language, structure, and intent. The following rules apply:

31.1 Use of “Include” and “Including”

Unless the context clearly requires otherwise, the words “include”, “includes”, and “including” used in these Terms should be interpreted as “including, but not limited to”. Accordingly, any lists or examples are illustrative and are not exhaustive, nor do they limit the general meaning of the preceding text. 

31.2 Structure, Headings, and Formatting

The division of these Terms into numbered sections, articles, subsections, and headings is for

 convenience only and does not affect the meaning, construction, or interpretation of any provisions. References to specific sections, items, appendices, or schedules should be construed as references to those that form part of these Terms unless explicitly stated otherwise.

31.3 Mandatory Language

The words “must”, “will”, and “shall” denote mandatory legal obligations and should be interpreted as interchangeable mandatory terms. The use of permissive terms like “may” or “might” denotes discretion unless the context clearly suggests otherwise.

31.4 No Presumption Against the Drafter

These Terms should be interpreted neutrally and balanced, regardless of which party drafted them. The parties acknowledge that each provision was mutually discussed and agreed upon, and no provision should be interpreted against any party based on authorship. This agreement reflects the mutual intentions and understanding of both parties.

31.5 Waiver of Rights Due to Delay or Omission

No delay, omission, or failure by either party to enforce or exercise any right, authority, or remedy under these Terms shall be deemed a waiver of that or any other right, affect the subsequent exercise of that right or remedy and be considered a permanent waiver of any right.

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

32. COMPLAINT HANDLING

BigONE is committed to ensuring fast, fair, and transparent handling of all customer issues and

complaints. This section explains how users may submit complaints and how BigONE processes them.

BigONE has an official Client Complaints Handling and Disputes Policy, available at any time through our Support Center. The full procedure, including rules for filing complaints, investigation timelines, and escalation stages, is free and outlines your rights and responsibilities as a user.

32.1 Submitting a Complaint

If you are dissatisfied with any aspect of BigONE’s Services, customer support, or communications, you may submit an official complaint using one of the following channels:

·      by completing the online complaint form available through your BigONE account or

the support portal;

·      by sending a written complaint to cs@big.one; or

·      by submitting a written notice by post to:

BigONE Investment Ltd.

Republic of Kazakhstan

Astana, Yesil District

Mangilik El Avenue, Building 55/17, Office 149

Z05T3F5

When submitting a complaint, you should provide sufficient information to allow BigONE to properly review and assess the matter. This includes a clear and detailed description of the issue and relevant circumstances, any supporting documentation such as screenshots, transaction identifiers, or correspondence, your full name and contact details together with your registered BigONE account ID, and a description of the outcome you are seeking, including the reasons for such request.

32.2 Review and Investigation Process

After receiving your complaint, BigONE will acknowledge receipt within five (5) Business Days and will conduct a thorough investigation with the objective of providing a full response within sixty (60) Business Days. In more complex cases that require additional time, BigONE will inform you of any delays and provide an estimated resolution date. During the investigation process, BigONE may contact you to request additional information necessary to complete its review.  

By accepting these Terms, you acknowledge and agree that before escalating any complaint to an external authority, regulator, or arbitration body, you must first complete BigONE’s internal complaint-resolution process. You also agree to cooperate in good faith throughout the process.

32.3 Regulatory Complaints to AFSA

If your complaint remains unresolved, or if you believe that BigONE has breached applicable regulatory obligations, you may escalate the matter to AFSA, the independent financial

regulator of the AIFC. You may submit a complaint to AFSA using the following channels:

·      Phone: +7 (7172) 64 72 60

·      Mail or in person:

            Astana Financial Services Authority (AFSA)

Mangilik El Avenue, 55/17, Block C3.2

Astana, Republic of Kazakhstan

Z05T3D8

AFSA reviews complaints in accordance with its regulatory framework and supervisory mandate over licensed AIFC entities.

33. STANDARDS FOR DEPOSITS, TRANSFERS, WITHDRAWALS, AND ASSET CUSTODY

This section outlines the requirements, restrictions, and internal controls related to deposits, withdrawals, transfers, and custody of digital assets through BigONE, in accordance with AIFC regulations.

33.1 Permitted Deposits and Digital Asset Transfers

You may deposit digital assets only to wallet addresses that are issued and supported by BigONE. Transfers involving unsupported digital assets or the use of an incorrect blockchain network may result in irreversible loss, and BigONE bears no responsibility for such user errors. Before submitting a withdrawal request, and by clicking “AGREE”, you confirm that the destination address is accurate, that the correct blockchain network has been selected, and that the transaction has been duly authorised by you. BigONE does not pay interest, rewards, or yield on stored digital assets unless such payments are expressly provided for under a separate written agreement.

33.2 Balance Requirements and Transfer Confirmation

To maintain access to BigONE Services, you must ensure that your account holds a sufficient balance to cover all open orders, applicable service fees, and relevant network fees. Daily or monthly withdrawal limits may apply depending on your verification level, client classification, and applicable jurisdictional requirements. BigONE may require proof of ownership of any external wallet or additional KYC or KYB verification before permitting the transfer of digital assets to such wallet addresses. Transactions sent using incorrect formats, incompatible token standards, such as sending Bitcoin to an Ethereum address, or addresses associated with different digital assets are irreversible, and BigONE bears no responsibility for any resulting loss.

33.3 Investment Limits by Client Type and Residency

Investment limits apply to clients based on their classification, residency status, and risk profile, in accordance with the applicable requirements of AFSA Conduct of Business (COB) Rules.

Clients are required to familiarise themselves with the relevant AFSA rules and guidance governing investment limits, thresholds, and eligibility criteria, as these may vary depending on client category and regulatory treatment. Access to higher limits may be available where a client has successfully completed BigONE’s internal risk assessment and any additional assessments required under AIFC COB Rules.

BigONE may also provide services to miners or mining pools that submit satisfactory documentation confirming their status, subject at all times to the applicable aggregate limits, conditions, and prudential requirements prescribed by AFSA rules.

33.4 Aggregate Client Asset Limits  

BigONE applies aggregate limits on client assets held at any given time in accordance with applicable AIFC laws, AFSA rules, and the Company’s internal risk management and prudential framework. These aggregate limits are designed to support the safety, segregation, and safeguarding of client assets, and to ensure the orderly and resilient operation of the Platform.

The applicable aggregate limits, as well as any conditions, approvals, or safeguards required in connection with such limits, are determined by reference to AFSA rules and regulatory guidance, as may be amended from time to time. Clients are encouraged to consult the relevant AFSA materials for further detail.

Where aggregate limits are approached or exceeded, BigONE may implement enhanced risk mitigation measures, including additional custody safeguards, capital or liquidity buffers, insurance arrangements, or other controls, as required by applicable regulation or as directed by AFSA.

If these aggregate limits are approached or exceeded, BigONE may implement enhanced risk mitigation measures, including additional custody safeguards, capital buffers, insurance, or other arrangements, as required by applicable regulations or as directed by AFSA.

33.5 Digital Asset Custody Model

BigONE applies a two-tier digital asset custody model for the safeguarding of Retail Clients’ Digital Assets and, where applicable, client funds. Under this model, the majority of assets are held in non-custodial cold wallets, with the remaining portion maintained in hot wallets to support operational needs.

Cold wallets are used to store the principal reserves and are kept offline to reduce exposure to cyber and operational risks. Hot wallets are used to facilitate day-to-day platform operations, including client withdrawals and transaction settlement. The allocation between cold and hot wallets is determined based on operational requirements and risk considerations, with a predominant share of total reserves maintained in cold storage.

Both cold and hot wallets are subject to robust security controls, including multisignature authorisation, role-based access restrictions, and multi-layer approval processes designed to prevent unauthorised access or misuse.

For Professional Clients and other non-Retail Clients, custody arrangements, including wallet structures and allocation ratios, may differ and, where applicable, will be agreed with the client or disclosed separately in accordance with applicable AIFC laws and AFSA rules.

34. OTHER TERMS

34.1 Responsibility for Technical Access

The User expressly acknowledges and agrees that, to access the BigONE Platform and Services, the User must independently ensure and maintain appropriate technical infrastructure and connectivity. In particular:

34.1.1 Technical Requirements

The User is fully responsible, at their own expense, for acquiring, maintaining, and operating all equipment required to access and use the BigONE Platform. This includes suitable hardware such as a personal computer, laptop, tablet, or mobile device with sufficient computing capacity and memory, appropriate software including a supported operating system such as Windows, macOS, Android, or iOS together with a secure and up-to-date web browser or the BigONE mobile application, reliable network access such as broadband internet, mobile data, Wi-Fi access, VPN services where applicable, routers, and modems, as well as appropriate security tools, including antivirus software, firewalls, or password managers, necessary to protect login credentials and safeguard against malware or other security threats.

  34.1.2 User Responsibility

The User is responsible for ensuring that all components of their technical infrastructure are compatible with BigONE’s technical requirements and system specifications, for keeping their operating system, web browser, and any other relevant software or applications properly updated to support required security protocols and optimal Platform functionality, for implementing adequate cybersecurity measures to prevent unauthorised access to their devices and to the BigONE Platform, and for avoiding the use of public or unsecured networks when accessing the Platform, particularly when conducting confidential or sensitive transactions.

34.1.3 No Liability for the User’s Access Failures

BigONE shall not be liable for any interruption, suspension, failure, or degradation of the Services arising from the User’s local technical environment, including device malfunction, outdated software, insufficient or unstable internet connectivity, or improperly configured browser or security settings. BigONE shall also not be responsible for unavailability caused by issues affecting third-party infrastructure, such as mobile network outages, internet service provider downtime, or power failures. In addition, BigONE shall not be liable for any delays or inability to execute transactions or otherwise interact with the Platform resulting from the User’s failure to meet the required technical standards.

By using the BigONE Platform, the User assumes full responsibility for ensuring their own

technical readiness. Any risk of loss, delay or error arising from incorrect technical configuration, lack of access or the use of unsupported environments shall be borne solely by the User.

34.2 Relationship Between the Parties

By accepting these Terms, both BigONE and the User agree and acknowledge that their relationship is strictly that of independent contracting parties. These Terms do not establish and shall not be construed as creating any of the following relationships between the parties:

·      Partnership

·      Joint venture

·      Employer-employee

·      Agent-principal

·      Trust or trustee-beneficiary

·      Franchisor or franchisor-franchisee

Each party acts within its own legal and commercial capacity, and nothing in these Terms grants either party the right to act as the representative or legal agent of the other party.

The User has no express or implied authority to bind, obligate or represent BigONE in any capacity. This includes, without limitation:

·      entering contracts on behalf of BigONE;

·      assuming obligations or warranties regarding BigONE’s products, prices, services or legal commitments;

·      presenting themselves to third parties as being affiliated with BigONE in any capacity other than as a User of the Platform in accordance with these Terms.

BigONE likewise does not assume any obligations towards the User other than those expressly defined in these Terms or otherwise agreed in writing.

34.2.1 No Fiduciary Duties

BigONE does not act as a fiduciary or financial advisor to the User. All Services provided under these Terms are offered strictly on an execution-only and informational basis, unless explicitly stated otherwise in a separate contractual agreement. The User is fully responsible for making their own decisions based on personal judgment, risk tolerance and any recommendations from independent legal, tax or investment professionals. The User acknowledges that no fiduciary duties, advisory roles or implied obligations of trust exist between BigONE and the User.

34.2.2 No Exclusivity of Relationship or Obligations

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

34.2.3 Clarification Regarding Legal Entity

Unless otherwise specified in a legally binding addendum or agreement, both parties retain their separate legal personality and liability. These Terms are binding only on the named parties and do not extend to affiliates, subsidiaries or agents of either party unless expressly stated.

34.3 Assignment and Transfer of Rights

BigONE reserves the full right to assign, delegate, novate, or otherwise transfer any of its rights, obligations, or liabilities under these Terms, whether in whole or in part, to another legal entity. Such transfer may occur in connection with corporate transactions, including mergers, acquisitions, asset sales, or internal restructurings, the delegation of certain services such as technical support, custody operations, or compliance functions to duly licensed third-party service providers, or rebranding or restructuring initiatives in which the legal entity may change without affecting the substance of the Services provided. Any such assignment or transfer shall not adversely affect your existing rights or obligations and shall be carried out in accordance with applicable laws and regulations.

In the event of any intended assignment or transfer by BigONE, you will receive written notice at least five (5) Business Days in advance. Such notice will be delivered through your registered email address, via an in-application message on the BigONE Platform, or by SMS where applicable. The notice will include the name and legal identification of the transferee, where relevant, a description of the nature and scope of any changes to your contractual counterparty or service conditions, and details of any actions required from you, such as re-consent, electronic signature, or additional verification.

If your active confirmation is required (for example, electronic signature or SMS verification),

failure to respond may lead to 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, duly licensed (where required) and legally bound to perform the obligations under these Terms.

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 Rules or relevant laws of Kazakhstan, may be transferred to the new service provider or entity. Such transfer will be carried out in accordance with the BigONE Privacy Policy, data retention requirements and all other applicable legal safeguards. You will be informed about how your data will be processed after the transfer, including whether there will be any changes to the jurisdiction or data processing activities.

34.4 Severability

Each provision of these Terms shall be interpreted as independent and separate from the others.

If any term, clause or provision is found by a competent authority, such as a court, regulator or governmental body, to be invalid, unlawful, void or unenforceable, in whole or in part, under any applicable law or regulation, that particular 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 continue to be binding on both BigONE and the User.

If any invalid, unlawful or unenforceable provision materially affects the commercial purpose or operation of these Terms, the Parties agree to enter into good-faith negotiations to replace the affected provision with a new one that is lawful, enforceable and most closely reflects the original intent and economic effect of the invalid provision. If negotiations are impossible or unsuccessful, such replacement provision may be imposed through judicial or regulatory interpretation to the extent permitted by applicable law.

In jurisdictions where local law restricts or renders unenforceable certain provisions, such as limitations of liability, disclaimers, indemnities or waivers, the relevant provision shall be interpreted in a manner that preserves its original meaning as far as possible while remaining legally enforceable. In addition, BigONE may, at its discretion, provide jurisdiction-specific addenda or disclaimers to appropriately supplement or adapt the Terms.

The invalidity of any provision or part thereof shall not result in the termination or nullification of these Terms as a whole, unless such invalidity makes performance of the agreement fundamentally impossible.

34.5 Waiver of Rights

Failure, delay or omission by either BigONE or the User to enforce or exercise, in whole or in part, any provision, right, claim, remedy or condition set out in these Terms shall not be construed as a waiver of that right or of any other right or provision under these Terms. If BigONE elects not to exercise its rights in response to a breach or non-compliance by the User, this does not mean that BigONE waives its right to exercise such rights in future instances or with respect to other breaches.

Any waiver of rights, obligations, provisions or conditions under these Terms shall be valid only if it is expressly set out in writing and signed by an authorized representative of BigONE or the User (as applicable). A waiver granted in one instance or in relation to one breach shall not be construed as a waiver of any other provision or as a continuing waiver of the same provision in the future, unless expressly stated otherwise.

No conduct, course of dealing, silence, delay or inaction by BigONE (including failure to demand strict performance of any obligations) shall be construed as;

·      an implied waiver of any rights or provisions of these Terms;

·      an amendment to these Terms;

·      or permission for the continuation of any breach or non-performance.

All waivers must be explicit and documented, and no implied rights or obligations shall arise from informal communications, oral discussions or operational leniency. All rights and remedies granted to BigONE or the User under these Terms are cumulative and do not exclude any other rights or remedies provided by law, regulation or in equity. The exercise of one right or remedy shall not prevent the exercise of any other.  

34.6 Section Headings

The names of sections, headings, numbering formats, paragraph markers and other organizational or formatting elements included in these Terms (collectively, the “Headings”) are provided solely for ease of reference and clarity of navigation. They are not intended and must not;

·       have any legal force or contractual effect;

·       be used to construe, interpret or influence the meaning, scope or intent of the provisions that precede or follow them;

·       affect the enforceability or applicability of any provisions contained herein.

Each term, condition or clause of these Terms must be interpreted on its own and in the context of the text, without regard to the existence or wording of any heading associated with it. For example, a provision placed under the heading “Confidentiality” must not be interpreted as limited solely to confidentiality issues unless such limitation is expressly stated in the provision itself.

In the event of any conflict or ambiguity between the content of a heading and the content of the subsequent provision, the content of the provision shall prevail, and the heading shall be disregarded for the purposes of legal interpretation.

All headings are intended solely to assist in drafting and organizing the text and must not give rise to any assumptions, biased interpretations or legal conclusions, whether in favor of or

against any party, regardless of who drafted the relevant provision or section.

34.7 Entire Agreement

These Terms, together with the documents incorporated by reference, including the BigONE Privacy Policy, any annexes, schedules, or addenda referred to in these Terms, and any separate agreements or service-specific addenda entered into between you and BigONE (where applicable), constitute the complete, final, and exclusive agreement between you (the “User”) and BigONE.

They govern your access to and use of the BigONE platform, services, websites, and mobile applications, and supersede any prior or contemporaneous understandings, representations, negotiations, or agreements, whether written or oral, relating to the same subject matter.

This Agreement supersedes and cancels all prior or contemporaneous agreements, arrangements, representations, discussions, communications, offers or proposals, whether oral or written, between you and BigONE or any of its representatives in relation to;

·       your access to or use of the BigONE Services;

·       your rights and obligations regarding the custody and trading of digital assets;

·       any statements regarding performance, legal status or expected returns.

You expressly acknowledge and agree that in entering into this Agreement you are not relying on, and have no remedies in respect of;

·       any statements, representations, warranties, negotiations, marketing materials, discussions or arrangements not expressly set out in this document;

·       any oral communications by BigONE representatives or support staff;

·       any advertising content, social media material or third-party testimonials not incorporated into this Agreement.

This includes any statements made before or at the time of your acceptance of these Terms,

unless such statements have been formally and expressly incorporated into this Agreement by reference.

In the event of any inconsistency or conflict between these Terms, the Privacy Policy, or any other policies published on the BigONE website, the provisions of these Terms shall prevail, unless expressly stated otherwise.

No additions, amendments or changes to these Terms shall be valid unless they are formally documented by BigONE in writing, published as an amendment or updated version on the official BigONE website, confirmed by you through an affirmative action (such as clicking “Agree”, signing via SMS, or continuing to use the Services after notification).

34.8 No Third-party Rights

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

Unless explicitly stated in these Terms or required by applicable law, no third parties, including but not limited to agents, affiliates, service providers, vendors or partners of either party, shall have any right to rely on, enforce or benefit from any provision of these Terms. This exclusion applies regardless of whether such third party is expressly named or is part of a class or category mentioned in these Terms. This means that individuals or entities that are not parties to this Agreement cannot assert rights or claims arising from these Terms.

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

·       implied contracts;

·       equitable estoppel;

·       principles of agency;

·       third-party beneficiary theories, is expressly rejected.

No third party may acquire legal standing because of the execution, performance or enforcement of these Terms.

The sole exception to this provision applies where a law, regulation, or decision of a court or regulator expressly grants a third party the right to enforce specific obligations set out in these Terms, provided that such enforcement does not alter the core obligations between BigONE and the User.

Any attempted assignment or transfer of these Terms, or any rights or obligations under them, without BigONE’s prior written consent shall be null and void. Unauthorised transfers may result in the suspension or termination of the User’s account and access to the Services, in accordance with the section titled “Suspension and Termination”.

      34.9 Restrictions on Assignment of Rights

BigONE reserves the full and unrestricted right to transfer, assign or delegate any of its rights, obligations or liabilities under these Terms. This includes transferring ownership, management or operational control of the Platform or any part of its Services to a third party through a merger, corporate restructuring, acquisition or outsourcing. Such assignment or delegation may occur without the User’s prior consent, if Users are notified in writing, by email or via an in-platform notice at least five (5) Business Days prior to the effective date. Users may also be required to confirm their acceptance of the revised agreement via electronic signature or SMS confirmation.

The User is not permitted to assign, delegate, sublicense or otherwise transfer their rights, duties or obligations under these Terms to any third party without BigONE’s prior written consent. This restriction includes, but is not limited to transferring ownership of an accountusing the Services on behalf of another individual or legal entity;

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

Any permitted assignment by the User that is expressly authorized by BigONE in writing does not release the original User from existing obligations, including unpaid fees, regulatory compliance obligations or disputes. In addition, the successor must agree in writing to be bound by these Terms, and such agreement must be provided to BigONE as a condition for approval. 

34.10 Unclaimed Assets

If a User’s BigONE account remains inactive for an extended period, which may be determined

 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 recorded in the account,

then BigONE may classify the account as inactive or abandoned. The specific time period required to classify an account as inactive may vary depending on the User’s jurisdiction and applicable law.

Before taking any action with respect to unclaimed assets, BigONE will make commercially reasonable efforts to:

·       contact the User using the last known email address or phone number;

·       send reminders or account status updates through the BigONE Platform, where possible;

·       notify the User of the potential reclassification of their assets as unclaimed.

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

If BigONE is unable to re-establish contact with the User within the required time period and the account remains inactive, any fiat and/or digital asset balances in the account may be classified as unclaimed property. In such cases, BigONE may be required, or may decide, to report and transfer such assets to the relevant governmental or regulatory authority in accordance with unclaimed property laws applicable in Kazakhstan or other relevant jurisdictions. The User acknowledges that once funds are transferred to the authorities, BigONE no longer bears responsibility for these funds, and the User must contact the authorities directly to recover them.

BigONE reserves the right to deduct reasonable administrative or operational fees from the account prior to transferring funds to the authorities, subject to applicable law, the conditions set out in the BigONE Fee Schedule and any specific requirements that may apply under local rules relating to dormant accounts. These fees may include, but are not limited to notification costs, account maintenance and legal or regulatory processing expenses.

34.10.1 User’s Responsibility to Maintain Up-to-date Contact Information

The User is fully responsible for;

·       regularly logging into their BigONE account to keep it active;

·       ensuring that the email address, phone number and postal address registered with BigONE are current and functional;

·       responding promptly to any inquiries related to account inactivity or verification.

Failure to meet these obligations may result in loss of access to assets, classification of funds as unclaimed, and loss of certain rights under this Terms.

34.11 Legal Cost

The User agrees and acknowledges that if their actions, use of the Platform or non-compliance with applicable laws and regulations result in regulatory investigations (by AFSA or other authorities), governmental investigations or enforcement actions and any civil or administrative proceedings, including litigation or arbitration and a contractual dispute involving BigONE, then the User may be held financially responsible for all directly related legal costs and associated expenses incurred by BigONE. This includes, but is not limited to;

·      counsel and representative fees; 

·      filing fees and court costs;

·      expert-witness fees;

·      regulatory reporting and compliance documentation;

·      internal administrative and case-handling expenses.  

BigONE reserves the right to debit or withhold funds from the User’s BigONE account to

reimburse legal costs, provided that BigONE has sent the User written notice setting out the nature of the legal matter and the anticipated costs. Upon request, the User will be provided with a detailed breakdown of the expenses. If the account balance is insufficient to cover these costs, BigONE may resort to other remedies, including debt collection or judicial enforcement.

If a specific digital asset, fiat amount or transaction is directly related to a legal matter or dispute, BigONE may temporarily freeze, restrict or retain that portion of the User’s assets until the matter is fully resolved. This measure may be based on a court order, regulatory directive or internal compliance decision, depending on the circumstances. The User will be promptly notified of any such measures and may request supporting documentation regarding the decision.

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 amount of legal costs deducted and explanations for any non-reimbursed sums. If it is determined as a result of the investigation or proceedings that the User is not at fault, BigONE may, at its discretion or pursuant to a court decision, reimburse the User for part or all of the previously withheld amount.

The User agrees to cooperate in good faith with BigONE during any investigation or legal proceedings, respond to reasonable requests for information within specified timeframes and refrain from any attempts to interfere with, delay or obstruct such proceedings. Failure to cooperate may result in suspension of the account or other measures that BigONE deems appropriate.

34.12 Force Majeure

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

“Force Majeure” means any event or circumstance, whether foreseeable or not, that is beyond the reasonable control of BigONE, could not have been prevented, avoided or mitigated through reasonable care or contingency planning and materially impairs BigONE’s ability to perform its obligations under these Terms.

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 (power or utility outages, internet or telecommunications failures, breakdowns of third-party hosting or data-center providers);

·      force-majeure or unforeseen emergencies affecting the global or regional economy or technological infrastructure.

In the event of a Force Majeure event, BigONE will, where reasonably practicable, notify Users through email, platform notices, or official announcements.

BigONE’s obligations under these Terms shall be suspended for the duration of the Force Majeure event, and any applicable time limits or service timelines shall be extended accordingly without penalty. BigONE shall not be liable for any losses, damages, or inconvenience suffered by Users as a result of such events, including delays in transactions, temporary or prolonged inability to access the Services, or data loss arising from failures or disruptions in third-party systems.

BigONE will use reasonable and commercially practicable efforts to resume the provision of Services as soon as reasonably possible, minimize the impact of the event on Users and communicate updates or estimated restoration times where possible. However, Users acknowledge that in some cases the restoration of full service may take time and lie beyond

BigONE’s ability to predict or control.

During a Force Majeure event, Users remain responsible for monitoring their accounts, communication channels and any outstanding obligations. BigONE recommends that Users do not rely solely on any single transaction or specific timing, especially under volatile or unpredictable market conditions influenced by global events.

Neither party may terminate the Agreement solely due to a Force Majeure event, unless such event lasts for more than thirty (30) consecutive days and materially prevents the continuation of the contractual relationship. If these conditions are met, either party may initiate termination of the account and services by sending written notice in accordance with the withdrawal and

account-closure procedures set out in these Terms.

34.13 Downtime and Maintenance

BigONE regularly performs maintenance and updates of its Platform, systems and infrastructure to ensure stability, implement new features, fix security vulnerabilities and enhance overall performance. Such scheduled maintenance may temporarily limit or suspend access to some or all of the Services. Where possible, BigONE will use reasonable efforts to notify Users at least twenty-four (24) hours in advance via its website, the “Announcements” tab or email. These notices will include the expected start time, estimated duration and details of the affected services.

During scheduled maintenance, Users may be unable to access their accounts, execute trades, withdraw funds or interact with the Platform.

From time to time, BigONE may experience unexpected outages or may be required to carry out immediate unscheduled maintenance as a result of system failures or technical errors, infrastructure malfunctions, cybersecurity incidents, regulatory or urgent compliance requirements, or natural disasters and other external disruptions. In such circumstances, advance notice may not be possible. However, BigONE will take all reasonable steps to restore functionality as soon as reasonably practicable, to publish status updates through available communication channels such as website notices, status pages, social media, or the help center, and to provide Users with summary information following service restoration where appropriate.

34.13.1 Limitations of Liability

BigONE shall not be liable for any delays, interruptions, or suspensions of the Services resulting from scheduled or unscheduled downtime, nor for any financial losses, missed trading opportunities, price movements, order execution delays, or market changes that occur during or because of such downtime. BigONE shall also not be responsible for lost opportunities, data loss, or the inability to access account balances, particularly where such issues arise from the actions or failures of third-party service providers, hosting infrastructure, or global internet instability.

Users acknowledge and accept that market conditions may change rapidly during periods of downtime, that prices and liquidity available upon resumption of the Services may differ significantly from those available prior to the interruption, and that they are solely responsible for managing their own risk and expectations accordingly.

34.13.2 User Guidance and Expectations

Users are encouraged to regularly review official BigONE announcements published on the website or in the help centre in order to remain informed of scheduled maintenance, system upgrades, or potential service disruptions.

Users with time-sensitive or critical trading requirements should exercise prudent position management during announced maintenance windows or periods of heightened operational risk. BigONE advises Users not to assume uninterrupted availability of the Services at all times, particularly during periods of market volatility, system upgrades, or other announced operational events.

34.14 Risk Disclosure in the Context of Licensed Operations

BigONE’s licence issued by AFSA defines the scope, nature, and limits of the regulated activities it is permitted to conduct. These may include requirements relating to client classification, permitted products, transaction limits, custody arrangements, reporting obligations, risk management, and operational controls. Users acknowledge that regulatory requirements may evolve over time and that BigONE must comply with any binding supervisory directions, rule changes, or guidance issued by AFSA.

By accepting these Terms and using the Services, the User acknowledges and agrees that:

·      regulatory requirements applicable to BigONE may change and may affect the availability, structure, or continuity of certain Services;

·      certain services, features, or products may be restricted, modified, suspended, or withdrawn in order to ensure ongoing regulatory compliance;

·      operational delays may occur in limited circumstances, including in relation to withdrawals, onboarding, reporting, or account closure, where required by law, regulatory review, or supervisory processes;

·      BigONE may be required to take protective or corrective measures in accordance with AFSA instructions or applicable AIFC law.

The User acknowledges that AFSA acts as an independent supervisory authority and does not provide guarantees regarding the commercial performance, financial soundness, or operational outcomes of any licensed firm. To the maximum extent permitted by applicable law, the User agrees not to bring claims, proceedings, or actions against AFSA, its officers, employees, or representatives in connection with BigONE’s licensed activities, regulatory supervision, or enforcement actions taken in accordance with AIFC law.

Nothing in these Terms limits or excludes the User’s legal rights to bring claims directly against BigONE Investment Ltd. in accordance with applicable AIFC law. The User retains the right to seek remedies for breach of contract, negligence, misrepresentation, or other actionable conduct attributable to BigONE, subject to the limitations of liability set out in these Terms and applicable law.

34.15 Final Acknowledgment of Risk and Regulatory Framework

By accessing, registering for, or using the BigONE Platform and Services, the User acknowledges that activities involving digital assets carry inherent risks, including market volatility, technological risks, operational risks, and regulatory risks. The User confirms that they understand these risks and accept full responsibility for their decisions to use the Services.

The User acknowledges that, although BigONE is licensed and regulated by AFSA, regulatory authorisation does not constitute a guarantee of profitability, liquidity, price stability, or the absence of losses. Digital asset markets remain inherently volatile, and past performance is not indicative of future results.

The User understands and agrees that:

·      regulatory supervision by AFSA does not imply endorsement of any specific product, asset, or investment strategy;

·      AFSA does not guarantee the safety of digital assets, market prices, or the solvency of counterparties;

·      regulatory compliance does not eliminate all risks associated with digital assets or platform operations.

Nothing in this section limits the User’s right to pursue legal remedies against BigONE in accordance with AIFC law. BigONE confirms that it will cooperate with regulators, courts, and competent authorities and will address user claims and disputes in accordance with these Terms and applicable legal requirements.

35. FINAL PROVISIONS

35.1 Electronic Signatures and Communications

You acknowledge and agree that BigONE may deliver all communications, legal notices, agreements, disclosures and other documentation electronically via the Platform interface, by email, or by SMS to the contact details you have provided. By accepting these Terms electronically, you consent to receiving communications in this manner and agree that such communications satisfy any legal requirements for written form. Electronic signatures and confirmations (including by means of a checkbox or clicking a button) are binding and legally effective as if physically signed.

35.2 Cumulative Rights and Remedies

All rights and remedies provided in these Terms are cumulative and in addition to, and not in exclusion 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 one right or remedy does not preclude the exercise of any other right or remedy.

35.6 Survival of Obligations

All provisions of these Terms that by their nature are intended to survive termination shall remain in full force and effect after your relationship with BigONE ends. These include, without limitation, provisions relating to intellectual property, indemnification, limitation of liability, confidentiality, tax obligations, dispute resolution and regulatory compliance.

35.7 Public Statements

You are not permitted to make any public statements or issue press releases concerning BigONE or its Services without BigONE’s prior written consent. BigONE reserves the right to make public statements or disclosures in accordance with legal, regulatory or court requirements.

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 advisers and that you are entering into this Agreement of your own free will and with full understanding of its terms, risks and obligations.