[ Terms and Conditions ]

Terms and Conditions applicable to the website: [•] related to the OTC Trading Business of 40 ACRES:

Date of update: 03/05/2024.

Terms and conditions of use (hereinafter the "Terms of Use" or "Terms", interchangeably) for the provision of transaction negotiation services within the exchange table over the trading desk (OTC for its acronym in English) of Bitcoin and Digital Assets (as such term is defined below) offered by 40 Acres, S.A. de C.V., ("40 Acres" or the "Provider", interchangeably), with Tax Identification Number: 0614-230224-108-3.

Please read these Terms of Use carefully, as well as any other related documents, which will constitute the agreements between you (hereinafter "You" or "Client" and together with 40 Acres as the "Parties") and 40 Acres for the provision of the Services (as such term is defined below).

40 Acres is duly registered as a Bitcoin service provider with the Central Reserve Bank of El Salvador under registration number [•], in accordance with the obligation established in Article 3 of the Bitcoin Law Regulation and registered with the National Commission of Digital Assets as a Digital Assets Service Provider, under number [•]. In accordance with the applicable regulations, 40 Acres, as a Bitcoin and Digital Assets service provider in the Republic of El Salvador, is under the inspection and supervision of the Financial System Superintendence ("SSF") and the National Commission of Digital Assets ("CNAD").

TERMS OF USE:
These Terms of Use govern the contract for the provision of administration, redemption, and transmission services of Bitcoin and Digital Assets, entered into by 40 Acres on the one hand and the Client on the other hand, on your behalf and your account, so by accessing and/or using 40 Acres' Services and its Applications (as such term is defined below), or any other electronic means that allows you to use any Service provided by 40 Acres, you accept these Terms of Use, which will be valid and effective from the moment you use the Services. 40 Acres declares through its representative that it is a commercial entity duly constituted in accordance with the laws of the Republic of El Salvador.

The Client agrees and acknowledges that 40 Acres may modify these Terms of Use at any time, upon prior notification sent through the Application to its Clients with at least 30 (thirty) calendar days in advance, the present Terms of Use. Additionally, each time an update is made to them and the Client continues to use the Platform, it will be considered that they have tacitly accepted such modifications and that the current version of the terms will govern any activity carried out by the Client from that moment on. The Client undertakes to review the Terms and their applicability periodically.

The use and access to our site or our Services are not permitted from those states or jurisdictions concerning which, in accordance with various legal and regulatory prohibitions, (i) it is not possible to carry out such Bitcoin and/or Digital Assets operations or (ii) if we consider that there is a risk of operation when carrying out operations in certain jurisdictions and/or that 40 Acres considers that it is not possible to carry out such operations. Depending on the Client's connection location, some Services may not be available. 40 Acres is not responsible for the actions taken by Clients in violation of this provision. The services offered by 40 Acres are aimed at Salvadorans and foreigners properly identified. If the Client is not a Salvadoran resident, for our legal relationship, the applicable laws will be those of El Salvador.

The terms and conditions shall apply to:

• The use of this Application, and,
• Any other related Agreement or legal relationship with 40 ACRES in a legally binding manner.

Words in uppercase are defined in the relevant dedicated section of this document. The Client must read this document carefully. This Application is provided by: 40 ACRES email contact: info@40acres.pro

"This Application" refers to:

• This website, including its subdomains and any other website through which 40 ACRES makes its Service available;
• Applications for mobile systems, tablets, and other smart devices; the Service;
• Any application, samples, content files, source code, scripts, sets of instructions or software included as part of the Service, as well as any related documentation;

The following documents are incorporated by reference to these Terms:

• Privacy Policy
• Other documents at the discretion of 40 ACRES

What the Client should know:

• Please note that some provisions in these Terms may apply only to certain categories of Clients. In particular, certain provisions may apply only to Consumers or to those users who do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of such mention, the clauses apply to all Users.
• This Application uses automatic renewal for Product subscriptions. Information about a) the renewal period, b) termination details, and c) the termination notice can be found in the relevant section of these Terms.
• The use of this Application and the Service is restricted to clients of 40 ACRES, as detailed in the relevant section of this document.

Clauses:

1. Terms of Use and Consent:

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application. Unique or additional terms of use or access may apply in specific scenarios and such cases are additionally indicated within this document.
By using this website, Users confirm compliance with the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;
• Users must be over 18 years of age;

The Parties agree that the Terms of Use are accepted by using the platform or the application, that is, the Services, regardless of whether there are any means of acceptance (including, without limitation, any click or act of express consent), (i) by accessing or using the Services of 40 Acres or any of its Applications, (ii) accessing the 40 Acres website or any of its Applications or (iii) by using any service provided by 40 Acres. If the Terms of Use are not acceptable to the Client, they must immediately cease using the Applications, stop accessing 40 Acres' Applications, and stop using any service, platform, disposal or payment method, operated or managed by 40 Acres.

The Client acknowledges that the acceptance of these Terms of Use has the same legal effect as if they had physically or electronically signed a mutual agreement and agrees that their consent will be collected electronically by applicable law. Likewise, they agree that all their data collected electronically may be verified to determine their authenticity.

2. The Application and the Services:

40Acres is a provider of cryptocurrency trading and liquidity solutions, specialising in Over-The-Counter (OTC) trading. Our focus is on the market in El Salvador and Central America, where we seek to be a trusted partner in navigating the complexities of the cryptocurrency market.

• Access the Application to perform OTC services
• Only at the commercial level.
• Funds delivery is made to the indicated Wallet when the deal is accepted by the user and by the person legally authorized by the legal staff.
• Make commission payments as established here.
• Make decisions about the final receiving currency (BTC, USDT, DAI, DOLLARS, or a combination of all of them).
• Change the structure, as desired by the client, in users, accounts, and subaccounts, always with a prior request by email.
• Request transfers between accounts (legal provision) by writing an email.
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3. Account Registration:

To use the Service, Users must register or create a User account, providing all required data or information completely and truthfully. Failure to do so will result in the unavailability of the Service.

It will be necessary to create an account on the platform to be able to use some of our Services. For this, you will be asked for a password and a username, in addition to some data for registration. You must provide accurate, complete, and up-to-date information. In case such information undergoes modifications, you agree that it will be your responsibility to keep it up to date and updated; always ensuring that it is complete and accurate information. Not doing so constitutes a violation of the Terms and could mean the immediate cancellation of the account.

Users are responsible for keeping their login credentials confidential and secure. For this reason, Users are also required to choose passwords that meet the highest security standards allowed by this Application. By registering, Users agree to be fully responsible for all activities that occur under their username and password.

It is the user's responsibility to safeguard their login information and credentials, and also the sole responsibility for any activity within their account. If you experience any security breach or identify any unauthorized activity, you must notify 40 Acres immediately. 40 Acres is not responsible for any act or omission of the user, including any damages resulting from the above.

Registering more than one account for the same person is prohibited since such action implies, according to our controls, the partial or total alteration of information to create another record. The foregoing implies the closure of both accounts and the impossibility of operating again on the 40 Acres platform.

Users are obliged to immediately and unequivocally inform 40 Acres through the contact details indicated in this document if they believe that their personal information, including but not limited to User accounts, login credentials, or personal data,

4. Commissions:

The applicable commissions will be:

On occasions, there will be Services, which due to their particular conditions will be subject to specific terms and conditions (promotions, discounts, seasonal products or services, personalized products, etc.). Such specific terms and conditions will be communicated to the Client promptly. The specific terms and conditions shall prevail over the terms and conditions in case of conflict regarding the applicable products or services.
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5. Compliance:

In accordance with the Anti-Money Laundering and Counter-Terrorism Financing Scheme ("AML/CFT") of 40 Acres, which is guided by the applicable legislation in El Salvador and the international criteria issued by the Financial Action Task Force on Money Laundering:

The Client acknowledges that 40 Acres will strictly comply with the requirements that any competent authority formulates, under which additional requirements may exist than those established in these Terms of Use, which may be related to the level of risk, whether operational, legal, reputational, geographical, or by predominant activity, among others. Such requirements must be fully complied with to establish and/or continue providing the Services. Compliance with personal data requirements made by a competent authority will be subject at all times to what is provided in our Privacy Notice and current legislation.

If it is suspected that your account with 40 Acres is not complying with any AML/CFT provision, national or international, 40 Acres shall have the right to carry out any review and audit action that we consider necessary or convenient, such as requesting and gathering any necessary or deemed appropriate information or documentation, as well as reporting, at our sole discretion, any activity to any authority and, where appropriate, taking any action or carrying out any act implicitly or explicitly contemplated in the Terms of Use or applicable legislation, including but not limited to temporary or total suspension of any account and access to the Applications.

Likewise, 40 Acres reserves the right to require any additional information, with the intention of determining or corroborating the transactional profile either declared or operated by its Clients as well as the origin and destination of the funds involved in the operations that the Client carries out on our platform or for any other related or convenient purpose, and failing to receive the necessary information, 40 Acres may suspend or terminate the Services and/or the contractual relationship with the Client, including their access to our Applications. The resources that Clients deposit into the 40 Acres account must in any case come from and may be returned to deposit accounts opened at the financial institution authorized in accordance with the regulations applicable to them, otherwise, upon legal or judicial resolution to that effect, the Client waives all funds that are found in 40 Acres as determined by the competent authorities.

40 Acres will establish standardized computer application programming interfaces that enable connectivity and access from other interfaces developed or managed by the financial institution and by third parties specialized in information technologies, to share various data and information as provided for in the applicable regulations.

6. Notifications:

The Client agrees that 40 Acres will use the email address provided during the account registration process as the means of contact, and this will be the channel through which they will receive notices related to the Services and the Platform. Additionally, concerning the notification of completed Operations, 40 Acres may inform them through the Applications themselves or, if the Client chooses, via email. The Client accepts as valid all communications exchanged electronically, whether for the formation of agreements or the exchange of notifications.

40 Acres may also use the Client's email address for other communications, including notices regarding the Terms of Use and their operations, deposits or withdrawals made to the Client's account, as well as any other future communication between the Client and 40 Acres. The Client must keep their email address updated and notify 40 Acres of any changes to it.

40 Acres provides the Client with its customer service office through the following channels to address their comments, complaints, or claims:

a. Email: info@40acres.pro

7. Obligations of the parties:

40 Acres must:

a. Keep the technological platform operational and available to the Client and provide services according to the present Terms and Conditions.

b. Make Payment Methods and other channels available to the client to carry out transactions.

c. Address the complaints and claims of the Clients by its complaints reception policy.

d. Treat personal data by its Privacy Policy.

e. Any others specifically established by these Terms and Conditions.
On the other hand, the Client must:

a. Provide truthful, complete information, and update it when it no longer corresponds to their current reality.

b. Carry out transactions using only those payment methods of which the Client is the holder.

c. Recognize transactions as their own, unless identity theft has been judicially proven by the Computer Crimes Law or other legislation subsequently regulating such act.

d. Not engage in computer procedures to damage, modify, interrupt, or disable the 40 Acres platform or system operation processes, using mechanisms such as viruses, computer bombs, trojans, etc.

e. Have internet services that allow access to the platform.

f. Create, through the means provided by 40 Acres, their username and password by which they will identify themselves with the provider for transaction purposes, safeguard them, and never disclose them to third parties.

g. Respect the copyrights, logos, trademarks, and other distinctive signs of 40 Acres.

h. Any others specifically established by these Terms and Conditions.
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8. Privacy:

The Client's data will be treated by the Privacy Policy provided on the platform.

9. Partial Validity:

If a competent authority declares illegal, void, or unenforceable these terms and conditions, either in whole or in part, by applicable law, the remaining provisions of the terms and conditions shall be considered applicable and valid. These terms and conditions constitute the entire contract and understanding between the parties regarding the services.

10. Intellectual Property:

The Applications and Services are the property of 40 Acres and/or affiliates or belong to the same business group as 40 Acres. Likewise, 40 Acres owns the Services it offers. We reserve all rights over them and any technology associated with them. Any creation, idea, invention, improvement, know-how, concept, algorithm, protocol, data, processes, procedures, methods, techniques, protocols, formulas, systems, tools, compositions, codes, software, prototypes, documents, components, or any other information authored by 40 Acres or any person, exclusively as a result of the use of 40 Acres Applications, whether patentable or susceptible to copyright protection or any other type of intellectual property or industrial rights, are the property of 40 Acres and/or affiliate, and 40 Acres has the right to initiate any action or take any measure, of any nature, to obtain their registration and respective protection before any authority (including any Intellectual Property Authority).

Likewise, any derivative work, such as, descriptively but not limited to, a translation, modification, improvement, customization, adaptation, compilation, or any type of product that uses as its origin any element of our platform will be the property of 40 Acres and/or affiliate, so we do not grant any type of license or permission for the reproduction of any derivative work or permission or license for its use by any third party. In any case, any derivative production will be the sole and exclusive property of 40 Acres.

All materials and data on the site and any other website owned, operated, licensed, or controlled by us shall be considered private information and intellectual property of 40 Acres and/or affiliates, so we reserve all rights over them. All materials included on the site, including but not limited to data compilations and software, are the property of 40 Acres and/or affiliates and are protected by copyright laws.

The use, creation, or imitation of logos of any brand within the Website and the App is prohibited. We also reserve the right to remove any comment or attachment made to the Website and the App by an unauthorized User and/or third party. The use of Links, Deep linking, and Framing is prohibited on the Website and the App. Failure to comply with these prohibitions will be a violation of the intellectual property rights over the Contents and Industrial Property rights.

11. Applicable Law:

Any dispute, conflict, claim, or controversy, of any kind, arising from the use of the platform or these terms and conditions or relating largely to them, including those regarding their validity, interpretation, and enforceability, shall be submitted to the Salvadoran courts.

12. Supervisor Contact:

Any unresolved doubts or inquiries may be submitted to the SSF through the means contained in the following link: SSF's public attention, where you will find the updated data of the SSF user service office. WhatsApp: 7840-9741 or 7593-9103; email: atenciónalusuario@ssf.gob.sv; and phone: 2999-9999.

The Client will have access to these Terms of Use at all times, and they will be available after their signature in the corresponding section of their profile within the Application.