• "Crypto-Assets" means digital representations of value or rights that can be transferred and stored electronically using distributed ledger technology or similar technology;
• "MiCA" means Regulation (EU) 2023/1114 of the European Parliament and of the Council on markets in crypto-assets;
• "MiCA License" means the authorization granted by the competent Slovak regulatory authority to operate as a Crypto-Asset Service Provider under MiCA;
• "Account" means Your registered user account with the Company's cryptocurrency exchange platform;
• "Assets" means all fiat assets, Crypto-Assets, digital currencies, tokens, and any other digital assets held in Your Account;
• "Transitional Period" means the period commencing on 1 January 2026 and ending upon the Company obtaining its MiCA License;
• "Custodial Wallet" means the digital wallet where Your Assets are stored;
• "Personal Data" means any information relating to an identified or identifiable natural person as defined under Regulation (EU) 2016/679 (GDPR);
• "Withdrawal Address" means the blockchain address(es) You designate for the transfer of Your Assets.

• References to statutory provisions include those provisions as amended or re-enacted;
• Headings are for convenience only and do not affect interpretation;
• Words in the singular include the plural and vice versa;
• References to "writing" include electronic communications.

From the Suspension Date until the Company obtains its MiCA License:

• You will not be able to trade, exchange, deposit, or withdraw Crypto-Assets through ABF SWAP’s platform;
• You will not be able to access other functionalities on the platform;
• No new client’s transactions will be processed through the Company's platform.

This temporary suspension is implemented in full compliance with:

• Regulation (EU) 2023/1114 (MiCA);
• Act No. 566/2001 Coll. on Securities and Investment Services (Slovak Republic);
• Act No. 297/2008 Coll. on Protection against Legalization of Proceeds of Criminal Activity (AML Act);
• All applicable Slovak and European Union financial services regulations.

The Client acknowledges that:

• Until 31 December 2025, ABF SWAP operates as a Slovak/EU entity;
• From 1 January 2026, ABF SWAP may not provide crypto-asset services within the EU until the MiCA License is obtained.

• Option A – Consent to creation of an account with ABF TRADE and transfer of all crypto-assets and fiat funds free of charge to ABF TRADE account by sending a signed Annex A to email address compliance@abfswap.com no later than 31.12.2025.
• Option B – Withdrawal of assets to the Your own external blockchain addresses and/or bank account;

• creation of an ABF TRADE account, and
• transfer of both crypto-assets and fiat funds free of charge.

• You may create a new account with ABF TRADE, a licensed crypto-asset service provider based in the Republic of South Africa;
• Your Assets will be transferred automatically from Your Account with the Company to Your new account with ABF TRADE free of charge;
• You will be able to continue using a substantially similar cryptocurrency exchange platform operated by ABF TRADE;
• The platform will be governed by South African jurisdiction and regulatory framework.

• Step 1: By submitting a signed Annex A, you agree to the transfer of your personal data and documents from ABF SWAP s. r. o. to ABF TRADE. A new account will be created automatically. If ABF TRADE requires additional information to comply with local Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations, you will be contacted and asked to provide the necessary details.
• Step 2: The Company will coordinate the transfer of Your Assets to Your ABF TRADE account automatically and free of charge;
• Step 3: You will receive confirmation once the accounting opening and transfer of funds is completed.

• Your relationship with ABF TRADE will be governed by ABF TRADE's Terms of Service, Privacy Policy, and applicable South African regulations;
• You acknowledge that You will be subject to ABF TRADE's fee structure for ongoing services;
• The Company shall have no liability for services provided by ABF TRADE following the transfer;
• Dispute resolution will be governed by South African jurisdiction during the period Your Assets are held with ABF TRADE;
• The legal and regulatory protections applicable may differ from those under EU and Slovak law;
• You have been advised to seek independent legal advice regarding the implications of this transfer.

• Full client identification;
• The type and amount of each Crypto-Asset to be withdrawn;
• The complete and accurate Withdrawal Address for each asset type;
• Any additional information required for the specific blockchain network (e.g., memo, tag, destination tag);
• Client’s bank account details (IBAN, SWIFT/BIC, account holder name) for fiat withdrawals.

• All withdrawal requests will be subject to enhanced security verification procedures;
• The Company reserves the right to contact You via phone, video call, or other means to verify the authenticity of the withdrawal request;
• Additional identity verification documents may be required;
• Withdrawal requests will be processed only after successful completion of all security checks.

• Withdrawal requests will be processed within 14 business days of receipt of complete and verified instructions;
• Processing times may be extended due to blockchain network congestion or security review requirements;
• You will be notified via email once the withdrawal has been executed.

• Standard blockchain network fees (gas fees, miner fees) will apply and will be deducted from the withdrawn amount or charged separately;
• The Company will not charge additional administrative or processing fees for withdrawals executed under this option during the Transitional Period.

• You are solely responsible for providing accurate Withdrawal Addresses;
• The Company shall not be liable for any loss of Assets resulting from incorrect, incomplete, or incompatible Withdrawal Addresses provided by You;
• Transfers to incorrect addresses are irreversible and Assets cannot be recovered.

By selecting Option B, You acknowledge that:

• You assume full responsibility for the security and management of Your Assets once withdrawn;
• You understand the risks associated with self-custody of Crypto-Assets;
• The Company will have no further obligations regarding the withdrawn Assets.

All communications regarding these Terms and Conditions will be sent to Your registered email address. You are responsible for:

• Maintaining an active and accessible email address;
• Regularly checking Your email for important notices;
• Updating Your contact information if it changes.

The Company processes Your Personal Data on the following legal bases:

• Contractual necessity: To fulfill our obligations under these Terms and Conditions;
• Legal obligation: To comply with AML/CFT regulations, tax reporting, and other legal requirements;
• Legitimate interests: To protect against fraud, ensure platform security, and maintain business records;
• Consent: Where You have provided explicit consent for specific processing activities.

• Your Personal Data, including identification documents, transaction history, and Account information, will be transferred to ABF TRADE;
• This transfer is necessary for the performance of these Terms and Conditions and for compliance with legal obligations;
• ABF TRADE will process Your Personal Data in accordance with its Privacy Policy and applicable South African data protection laws.

The Company will retain Your Personal Data:

• For the duration of our relationship and the Transitional Period;
• For an additional period as required by applicable laws (typically 5-10 years for financial records);
• In accordance with our Data Retention Policy and legal obligations under Slovak and EU law.

Under the GDPR and Slovak Act No. 18/2018 Coll. on Protection of Personal Data, You have the right to:

• Access: Request a copy of Your Personal Data;
• Rectification: Request correction of inaccurate Personal Data;
• Erasure: Request deletion of Your Personal Data (subject to legal retention obligations);
• Restriction: Request limitation of processing in certain circumstances;
• Data portability: Request transfer of Your Personal Data to another service provider;
• Objection: Object to processing based on legitimate interests;
• Withdraw consent: Withdraw consent for consent-based processing (without affecting prior lawful processing).

To the maximum extent permitted by applicable law:

• The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages;
• The Company's total liability shall not exceed the value of Assets held in Your Account at the time of the relevant event;
• The Company shall not be liable for losses resulting from Your failure to follow instructions, provide accurate information, or act within specified deadlines.

The Company shall not be liable for:

• Delays or failures caused by circumstances beyond its reasonable control (force majeure);
• Actions or omissions of third parties, blockchain networks, or payment processors;
• Regulatory changes or actions by governmental authorities;
• Losses resulting from incorrect Withdrawal Addresses provided by You.

The Company expressly disclaims all liability for:

• Services provided by ABF TRADE;
• ABF TRADE's compliance with applicable laws and regulations;
• Security breaches, technical failures, or insolvency of ABF TRADE;
• Disputes arising between You and ABF TRADE.

You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms and Conditions;
• Your violation of any applicable laws or regulations;
• Your provision of inaccurate or misleading information;
• Your negligence or willful misconduct;
• Third-party claims related to Your use of the services.

Nothing in these Terms and Conditions excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, or death/personal injury caused by negligence.

Before initiating court proceedings, the Parties agree to attempt to resolve disputes through:

• Step 1: Good faith negotiations between the Parties;
• Step 2: Mediation conducted by a mutually agreed mediator or mediation service;
• Step 3: If applicable, complaint to the Slovak Financial Arbitrator or relevant consumer protection authority.

If You are a consumer as defined under EU consumer protection law:

• You may bring proceedings in the courts of Your country of residence;
• You have the right to use the Online Dispute Resolution (ODR) platform provided by the European Commission: https://ec.europa.eu/consumers/odr
• Nothing in these Terms and Conditions affects Your statutory rights as a consumer.

• You may not assign or transfer Your rights or obligations under these Terms and Conditions without the Company's prior written consent;
• The Company may assign its rights and obligations to ABF TRADE or any successor entity in connection with a merger, acquisition, or sale of assets, provided that Your rights are not materially diminished.

The Company reserves the right to amend these Terms and Conditions:

• To comply with changes in applicable laws or regulations;
• To reflect changes in business practices or services offered;
• For any other legitimate business reason.

You will be notified of material amendments at least 15 calendar days in advance via email. Continued use of services or failure to object constitutes acceptance of amendments.

For questions, concerns, or assistance regarding these Terms and Conditions, please contact: