TERMS OF USE I Fedhabit

TERMS OF USE 

FEDHABIT VIRTUAL PRIVATE LIMITED 

These Terms of Use govern access and use of the Services (as defined below) on the electronic platform, including the mobile application and/ or website, known as “Fedhabit”, hereinafter referred to as “Platform”. The Services (as defined below) are being provided by and the Platform is operated by Fedhabit Virtual Private Limited, a private limited company incorporated under the Companies Act, 2013 bearing CIN U62013GJ2024PTC153645 (the “Company”). The underlying technology in the Platform is owned by [], which has licensed the Platform to the Company to operate and provide Services on the Platform. 

By clicking “I agree” to these Terms of Use with the Company, or by accessing or using the Platform in any manner, or using any of the Services (as defined below) in any manner made available through the Platform, You agree that You have read, understood and accepted all of the terms and conditions contained in this Terms of Use (the “Terms/Terms of Use”), the Company’s Privacy Policy available at [], the Company’s Trading Policy available at [] and AML Policy available at []. 

We reserve the right to change, add, remove or modify the Platform, the Service, these Terms, Privacy Policy, AML Policy, Trading Policy or any content or part thereof, at any time, with or without notice, in our sole discretion. You shall regularly and periodically check these Terms, Privacy Policy, Trading Policy and AML Policy including before you make any transaction on the Platform. We shall have no liability or responsibility whatsoever due to any such changes, additions, removals or modifications. 

All modifications or changes to the Terms of Use will be effective upon publication on the Platform. As such, your continued use of the Services acts as acceptance of the amended Terms of Use. By consenting to these Terms of Use, you also consent to our Privacy Policy, Trading Policy and AML Policy and such other policies as we may introduce from time to time. When using the Platform, you must at all times comply with these and all applicable policies. 

“Specified Disclaimer: Crypto products are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” 

Anti-Money Laundering (AML) Disclaimer 

We are committed to improving the global fight against money laundering and terrorist financing. In this regard, we have endeavored to carefully ensure all our internal anti-money laundering procedures comply with AML Regulations and have enacted the AML Policy. The AML Policy sets out, among other things, the terms regarding identity verification of Users and the procedures followed for identification and reporting of unlawful activities which may be committed by using the Services. 

DEFINITIONS

Account means the registered account of the User on the Platform; 

AML means anti-money laundering; 

AML Regulations means India’s Prevention of Money Laundering Act, 2002 and the rules, regulations, circulars and guidelines framed thereunder; 

AML Policy means the policies and programs maintained by us to comply with the AML Regulations, available at []; 

Business Day means a day that is not a Saturday, Sunday or public holiday in Ahmedabad, Gujarat, India; 

Cryptos or Cryptocurrencies or Digital Tokens or VDA means any "virtual digital asset" as defined under the Indian Income Tax Act, 1961, as amended or superseded from time to time; 

Client Funds means both, the VDAs and fiat funds of a User; 

Company, Fedhabit, Ourselves, Us, Our, and We refers to Fedhabit Virtual Private Limited, which expression shall include its successors and assigns; 

Fedhabit refers to the website and mobile application owned by [] and licensed to the Company to provide Services to the Company’s Users as described below; 

Force Majeure means and includes any cause arising from or attributable to acts, or events, beyond our reasonable control, including significant market volatility, natural calamity, strikes, terrorist action or threat, civil commotion, riot, crowd disorder, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, structural damage, epidemic, pandemic or other natural disaster, calamity, attacks including through computer viruses, hacking, denial of service attacks, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, ransomware or other manmade disruptions or any law, order enactment, statutory direction, legislation, regulation, rule or ruling of government or any court of law or regulatory authority; 

Funding Fees means periodic payments that apply to perpetual futures contracts that are either paid to you or owed by you based on the difference between the spot price and the contract price depending on whether you are holding a long or a short position in the relevant perpetual futures contract. Funding Payments generally occur every 8 hours at 5:30am IST, 13:30 IST and 21:30 IST for all our Futures perpetual contracts. 

KYC means know your customer requirements as determined by us or under the AML Regulations; 

Party refers to either You or Us and “Parties” refers to You and Us collectively, as the context may require;

Privacy Policy means our privacy policy laying down our data handling practices for personal data of Indian Users, available at []; 

Restricted Jurisdiction means and includes any jurisdiction other than India; 

Services means all content, functionality and services made available to Users through the Platform including but not limited to: (a) exchanging USD Tether (USDT), a VDA, or other VDAs for Indian Rupees, after a User first credits their Account balance with USDT / other VDAs by means of a VDA Wallet incoming transfer from their own external VDA wallet; (b) trading with the User in VDA/crypto-INR perpetual futures pairs (with an option for us to seek delivery in accordance with these Terms of Use), for a Transaction Fee; and (c) any other products, services or offerings as may be introduced from time to time. In respect of transactions the Users accessing the Platform will be contracting with the Company, which will be the counterparty to all transactions except with regard to VDA incoming transfers into a User's Wallet (in which regard the Platform merely facilitates the transaction as an intermediary);

Transaction Fee means fee payable by you on each transaction executed on the Platform as provided at []; 

User, You, and Your refers to any person who uses the Platform or Services whose expression shall include successors, heirs, receivers, and permitted assigns; and 

Wallet means an online VDA wallet accessible through the Platform and owned and operated by a User for storage of their VDAs.

ACCESS TO PLATFORM 

Limited Right to Use 

Subject to these Terms of Use, we will grant you a limited, non-exclusive, non-sub-licensable, non-transferable, right to access the Platform only for your personal, non-commercial use and solely as necessary in order to avail our Services. This right to use does not include any resale or commercial use of the Platform or its contents; any collection and use of the contents, products, services, applications, tools and features; any derivative use thereof; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Any content on the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent. There are no implied licences granted under these Terms of Use. 

Content 

You can access the Platform to avail information, text, graphic, content, tools and features as made available from time to time. Content on the Platform is for general information purposes and is subject to change without further notice. Neither we nor any third parties provide any

warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.] Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. 

Interruptions 

We do not make any representation or warranty that the Platform and our Services will always be available, uninterrupted or error-free. You are aware and acknowledge that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc., which are susceptible to interruptions and dislocations; and the Platform may at any time be unavailable without further notice. You agree that you shall not have any claim against us on account of any suspension, interruption, non-availability or malfunctioning of our systems for any reason whatsoever or on account of any losses incurred due to volatility of prices of the Digital Assets or if Services are unavailable at any time or for any period. We will not be liable for any loss or damage caused by a virus, worms, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of the Platform. 

YOUR ACCOUNT 

Getting Started 

If you choose to avail Services Via the Platform, you will need to register an Account with us by providing your details, completing necessary KYC verification requirements as per our KYC-AML Policy and executing such undertakings, declarations, agreements etc. as required. You will need to maintain this account for the period that you seek to avail our Services. 

Your Account shall be activated only upon successful completion of KYC verification requirements. We are required to collect your personal data for registering and opening your Account, which includes: a) for an individual - Name, Mobile Number, Email Address, Date Of Birth, Gender, Photograph, Permanent Account Number (PAN), Driving License, Proof of Address, Proof of Identity, Bank Account details b) for an entity - i) Articles of Association (AOA) ii) Memorandum of Association(MOA) iii) PAN Card iv) Certificate of Incorporation v) Board Resolution and Authorization Letter vi) List of Shareholders vii) Signature where “Proof of Source of Funds and Purpose of Trading” viii) PAN of Director(s) ix) Aadhar Card of Director(s) x) Director’s Report xi) KYC of the Director(s) xii) six month Bank Statements of the entity. If Politically Exposed Person (PEP), trading experience and any other document or information as required. You agree to provide the above stated information, or such other information as may be necessary or required by us to provide the Services, at the time of creating an Account or at any later stage. Further, you acknowledge and understand that the act of providing your Aadhaar ID is voluntary in nature unless mandated under applicable law. You may choose to

provide us with an alternative identity proof. Please refer to our Privacy Policy which explains what information (including personal data) we collect and how it is used and shared. 

One account per User 

You may only open one Account with us unless we have agreed in writing the opening of additional accounts. We may refuse the creation of duplicate accounts for the same User. Where duplicate accounts are detected/identified, we may close/delete/terminate or merge duplicate accounts at our sole discretion. 

Who can open an Account? 

You must meet all eligibility and residency requirements to open, maintain and operate an Account in accordance with applicable laws of India or other jurisdictions relevant to you. ● If you are an individual of an age of majority (at least 18 years of age), You must be resident in India (as defined under the Foreign Exchange Management Act, 1999). ● If you are a corporate entity duly incorporated under the laws of India, provided you submit all the necessary documents as mentioned above. 

We reserve the right to refuse access to any User who has been suspended, disqualified, debarred and/or removed by us or by any regulatory and/or statutory authority. If we change the eligibility criteria to be registered with the Platform and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that you are in compliance with all laws, rules and regulations applicable to you. If your right to access the Platform is revoked or use of the Platform or our Services is in any way prohibited, in such circumstances, you agree not to use or access the Platform or use our Services in any way. Only the Account holder must operate the Account. If it is found that the Account is being operated by a third party, the Company at its sole discretion shall immediately deactivate the Account. 

You are not from Restricted Jurisdictions 

You are not eligible to register, open or maintain an Account or otherwise permitted to access the Platform, its content, usage and features if you are not a resident in India or you otherwise are (by reason of your nationality, domicile, citizenship, residence or otherwise) associated with any Restricted Jurisdiction. If at any time, we determine that you are accessing the Platform from any Restricted Jurisdiction, or have given false representations as to your location, residence, citizenship or place of residence, we reserve the right to forthwith restrict/terminate your Account immediately [and liquidate any open positions at your cost and consequences]. 

Providing Accurate Information 

All information (including personal and sensitive personal data) you provide to us must be complete, accurate, up-to-date and truthful and not misleading. You must promptly update this information whenever it changes. We are not responsible for any financial loss arising out of

your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents. 

Suspension, Deactivation, Termination 

Your continued access to the Platform depends upon fulfillment of necessary KYC verification requirements as per our KYC-AML Policy from time to time. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, ambiguous, not current, or incomplete), or if we have reasonable grounds to suspect that such information is untrue, inaccurate, ambiguous, not current, or incomplete, we have the right to suspend, deactivate, restrict or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof) at our sole discretion, in addition to any right that we have against you at law or in equity, for any misrepresentation of information provided by you. We have the right to disable your access to the User Account or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use and our Policies, including without limitation the KYC-AML Policy. 

We reserve the sole discretion to open an Account and may refuse to open an Account for you at our sole discretion. 

The nature of the perpetual futures contracts offered on the Platform are legal binding agreements on crypto derivatives. It allows users to do the said trading in INR, which is first of a kind. The users can speculate on the futures price. Depending on the price, users can hold or sell to other buyers. 

Email ID/Phone Number Updation 

You can update your registered Email ID and phone number in the Platform by writing a mail to support@fedhabit.in. This is restricted to 3 attempts. The support team will request for documentation required for this update and you adhere to the video KYC and additional steps for maintaining the security of our services. 

In the event that funds are deposited into your account and a withdrawal request is subsequently raised by you without any trading activity and keeping a minimum balance in your wallet, the Company reserves the right to temporarily hold the withdrawal. 

At least one trade must be executed by you to qualify for withdrawing funds to your bank account. 

Understanding Liquidation and Bankruptcy Prices 

In the event of liquidation on the platform, it is crucial to understand the concepts of Liquidation Price and Bankruptcy Price.

Liquidation occurs when your margin balance falls below the required maintenance margin, triggering the closure of your position to prevent further losses. The Liquidation Price is the point at which this process begins, while the Bankruptcy Price is where your losses equal your initial collateral, resulting in a zero-margin balance. 

Our system uses these thresholds to execute stop-limit orders, ensuring your position is closed at or above the Bankruptcy Price to manage risk effectively and protect against excessive losses. The liquidation order is executed at the Bankruptcy Price, finalizing the process and safeguarding against further financial loss. 

YOUR OBLIGATIONS 

What to Do 

You must keep your Account unaltered and secure by all means, and take steps on your end to ensure your account is protected and there is no unauthorised use/access of the same. You must change your password regularly and ensure that it is not reused across other online accounts. You may reset your Account password using your email address. You must follow recommended password management practices. You must set up 2-Step authentication or multi-factor authentication, if prompted. 

What Not to Do 

You must not let anyone access your Account or watch you accessing it. You must not use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded. 

Transacting on your own account 

All activities under your Account shall be deemed as activities carried out or authorised by the registered User. You shall only use Account to transact on your own account and not on behalf of any other person or entity. We disclaim any liability arising from any transactions/sale/purchase which are not conducted by you or for any obligations of other Users to You, any acts or omissions of a third party or User of the Platform with whom you choose to deal with. If you know or suspect that anyone other than you know or has unauthorised access to your Account information or any part of it, you must promptly notify us by sending us an email at support@fedhabit.in. We are not liable for any losses/damages/costs or other consequences of unauthorised use of your account. 

Funding Fees 

If you enter into a perpetual futures contract through the Platform, you will periodically (for instance, every eight hours) be required to pay or will be entitled to receive Funding Fees based on the difference between the spot price and the contract price depending on whether you are holding a long or a short position in the relevant perpetual futures contract. Perpetual futures

contracts do not have a set expiry date, thus, Funding Fees ensure that the price of the futures contract aligns with the prevailing spot price of the underlying VDA. 

UNDERTAKINGS, REPRESENTATIONS, AND WARRANTIES 

By accessing the Platform or by registering, opening and maintaining an Account, you represent, warrant and undertake (as applicable) that: 

● you have completed 18 (eighteen) years of age and are competent to contract; ● you are a legal entity apart from an individual, you are validly organized under applicable law of India and are eligible to enter into these Terms of Use and create an Account; 

● you are not barred by applicable law from entering into these Terms of Use or transactions on the Platform; 

● you have full authority and capacity to register open and maintain Account and execute, deliver and perform your obligations hereunder; 

● you are resident in India (as defined under the Foreign Exchange Management Act, 1999 and Income Tax Act, 1961); 

● you (by reason of your nationality, domicile, citizenship, residence or otherwise) are not associated with any Restricted Jurisdiction; 

● you have not been adjudged bankrupt; 

● all information provided by you to us is true, accurate, complete, and updated; ● you do not have an existing Account and will not (and will not attempt to) register for more than one Account (unless otherwise permitted by us); 

● you are registering for an Account only for yourself, and not on behalf of any third party (unless otherwise permitted by us); 

● These Terms of Use and any transactions entered into hereunder by you create valid and binding obligations which are enforceable against you in accordance with their terms including in the jurisdiction in which you are resident, and do not violate the terms of any law, regulation, order, charge, agreement, or instrument by which you are bound or to which your assets are subject; 

● you have not been previously barred from using the Services, or have had your Account previously terminated for breach of these Terms of Use; 

● you are not in breach of, and will not breach any applicable laws, including without limitation the AML Regulations, the Foreign Exchange Management Act, 1999 and the Income Tax Act, 1961; 

● you will not transact using the Platform with any person resident outside India. Any wallet incoming transfers received by you shall be only from a VDA wallet owned and controlled by you, an Indian resident; 

● you are not on any trade or economic sanctions lists, including but not limited to lists circulated by United Nations Security Council, US Department of the Treasury’s Office of Foreign Assets Control, the US Department of State, the European Union, Her Majesty’s Treasury, the Hong Kong Monetary Authority, or the Monetary Authority of Singapore; 

● you have consistent and uninterrupted access to the internet and the email address, mobile number provided to us during the Account application procedure;

● you are aware of the financial and other risks involved with trading in VDAs and perpetual futures. You have carefully assessed your financial standing and risk tolerance and procured legal advice. You are willing and financially able to assume all risks related to trading of VDAs and perpetual futures; and 

● you are solely responsible for determining your tax liability in relation to trading of VDAs and perpetual futures, payable by you under applicable laws. 

● 

ELECTRONIC COMMUNICATIONS 

You hereby authorise us to send transactional, service and promotional confirmations to You through phone calls or text messages in connection with the Platform and you represent and warrant that the same does not conflict with the preferences you have registered under the Telecom Commercial Communications Customer Preference Regulations, 2018, as amended or superseded from time to time. Your mobile carrier’s standard mobile messaging and data rates may apply. 

You agree to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that We provide in connection with your use of the Platform or Services. We may provide these Communications to you by posting them on the Platform or notification via your mobile operating system or app store provider, emailing them to you at the email address you provide in the Account, sending them through an instant messenger chat service, or through other forms of electronic communication such as SMS or text message to the mobile phone number that you provide in your Account. 

It is your responsibility to provide Us with accurate, complete and up-to-date contact information and to update your contact information as necessary. You understand and agree that if We send you an electronic Communication, but you do not receive it because (i) your contact information available/attached with your Account is incorrect, blocked by your service provider, or out of date, (ii) the Communication was re-routed to your spam folder, or (iii) you are otherwise not able to receive or access the Communication, the Company will be deemed to have provided the Communication to you and the Communication will be binding on you. If any email Communication is returned as undeliverable, we retain the right to block your access to the Platform or to your Account until you provide and confirm a new and valid email address and, if required, any additional checks or diligence by us. 

LIMITATIONS ON USE OF OUR SERVICES 

The Company is neither the creator nor the administrator of any VDAs nor it is in any way responsible for volatility or fluctuations or other factors affecting pricing of any Cryptocurrency, the operation of any blockchain with respect to any Cryptocurrency, or the mining process in relation to any Cryptocurrency. The Company has no control over generation, distribution, retention (except in the wallets), verification, termination, or market volatility of any VDAs or perpetual futures. 

The Company does not provide any warranty or / and guarantee of any kind, either express or implied, in relation to the Services. Services and the products offered therein are provided on an

"as-is" and "as available" basis. Users avail of Services, and deal in Digital Assets and perpetual futures at their own risk and with full awareness of the risk of the possible diminishment, devaluation and (potentially) complete loss of the entire holding or valuation of the User Account and all VDAs held therein, in the event of the occurrence of any of the risk factors outlined in these Terms of Use (as well as other risk factors inherent in any transactions involving VDAs), including, but not limited to, changes in the regulatory or legal regime in India and/or outside India, and any legal, regulatory, contractual or other restrictions that may be placed on us or the Platform. It is hereby expressly declared that we offer no warranty or /and guarantee of any kind regarding Services. You expressly acknowledge and agree that use of the Services and the Platform is at your sole risk. 

Services are strictly available for use only within India, to the extent (and till such time) that transactions or trading in Digital Assets and perpetual futures are permitted and not been curtailed in such parts of India. Further, in the event that a User resides in any Restricted Jurisdiction, such users are not permitted to use Services in any form ("Restricted Jurisdiction Use"). Any Restricted Jurisdiction Use will amount to a breach, and we shall (i) be entitled to forthwith terminate the use and operation of the User’s Account, (ii) extend all cooperation to the relevant governmental and enforcement authorities, and (iii) not be liable in any manner whatsoever for any Loss arising out of such, in relation to, or subsequent to such Restricted Jurisdiction Use. Users are therefore duly warned against availing of services in any manner whatsoever in or from a Restricted Jurisdiction. Users shall be solely responsible for ensuring compliance with this requirement.Users are solely responsible for compliance with applicable laws while using the Services. Users are hereby duly cautioned that presently in India, the regulatory and tax regime for VDAs in India is in flux and may contain ambiguities. 

We make no warranty that the Services or the Platform will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to the permanent availability of any information that may be stored or transferred through the Services or the Platform. We undertake reasonable efforts to ensure that the Platform does not host, display, upload, modify, publish, transmit, store, update or share any information that contains software virus, or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource. 

That said, you understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or the Platform is done at your own discretion and risk; and you will be solely responsible for any damage to your computer system or phone or any other device or loss of data that results from the download of such material or data. 

We are not responsible for any content uploaded by you on the Platform. We are not responsible for any direct or indirect damages or losses caused to you, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Platform. It is solely your responsibility to evaluate the accuracy, reliability, completeness, and usefulness of content available on the Platform that is used by you. 

We do not provide investment and financial advice to our Users. The content on the Platform is provided for general information only and is not intended to, and does not amount to, investment

advice. By giving our approval, consent, advice, or information about any matter dealt with by these Terms of Use or in respect of the Services, we do not create, make, or give any warranty, representation or undertaking about any circumstances relating to the subject matter of the consent or approval. 

We will not be liable for any loss or damage caused to your computer equipment, computer programs, data or other device caused by a virus, denial-of-service attack, distributed denial-of-service attack, malware, cyber attack, or other technologically harmful material. You must use your own virus protection software. 

We strive to maintain the accuracy of information posted on the Platform. However, we cannot guarantee the accuracy, suitability, reliability, completeness, performance, or fitness for the purpose of the content through the Platform and will not accept liability for any loss or damage that may arise directly or indirectly from the content. Such information on the Platform is subject to change without notice and is provided for the primary purpose of facilitating Users to arrive at independent decisions. 

Third Party Services 

You acknowledge that we may enable or assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively, “Third-Party Services”). Such Third-Party Services are not under our control. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and are not responsible for any Third-Party Services. You undertake that you use all Third-Party Services at your own risk, and you should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with us. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with such services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation. 

PROHIBITED USE 

We do not allow any activity or content on the Platform that: 

● belongs to another person and to which you do not have any right; 

● is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or otherwise unlawful in any manner whatever as prohibited by the laws in force; 

● harms children or minors in any way;

● infringes any intellectual property or proprietary rights; 

● violates the law in force; 

● deceives or misleads any person about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or in respect of any business of the Central Government, is identified as fake or false or misleading by the duly notified fact check unit of the Central Government; 

● is grossly offensive or menacing in nature; 

● impersonates another person; 

● contains software virus or any malicious data or other computer code, files, or programs designed to harm, interrupt, destroy or limit the hardware, software, or functionality of any computer resource; 

● threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nations; 

● interferes with other Users’ enjoyment of the Services; 

● exploits the Platform for any unauthorized commercial purpose; 

● is aimed at modifying, adapting, translating, disassembling or reverse engineering any portion of the Platform; 

● is aimed at reformatting or framing any portion of the Platform; 

● is aimed at probing, scanning, or testing the vulnerability of any system, security or authentication measures implemented by us, or otherwise tampers or attempts to tamper with the Platform’s technological design and architecture; 

● is aimed at gaining unauthorized access to, interfere with, or damage, any server, computer, or database used by us for providing the Platform and the Services; ● is antisocial, disruptive, or destructive, including ‘flaming,’ ‘spamming’, ‘flooding’, ‘trolling’, ‘phishing’ or ‘griefing’ as these terms are commonly understood and used on the Internet; 

● involves using any spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its Users for any unauthorized purpose; 

● involves accessing or using the Platform for the purpose of creating a product or service that is competitive with any of our products or services; 

● involves creation of accounts by automated means or under false or fraudulent pretences; 

● is in the nature of an online game or is in the nature of advertisement or surrogate advertisement or promotion of an online game or of any online gaming intermediary offering such an online game, or involves distribution or publishing of any unsolicited marketing/advertisements; 

● involves malicious trading, market abuse, market manipulation, insider trading or similar offences; 

● violates any law for the time being in force, or involves the proceeds of an illegal activity or any activity in breach of these Terms of Use or any other applicable policies; ● is aimed at circumventing, or bypassing any restrictions placed by us; or ● is false, incorrect, inaccurate, or fraudulent.

Any such activity will be viewed as a material breach of these Terms of Use. You must promptly notify us of any actual or potential violation of these Terms of Use that come to your knowledge. We reserve the right at all times to disclose any information (including the identity of Users) as necessary to satisfy any law, regulation, valid governmental request or as necessary in our opinion for the resolution of an offence. 

We reserve the right to unilaterally determine whether you have violated these Terms of Use and take action against such violation, without any prior notice. Such actions may include, but are not limited to blocking and closing order requests; freezing Client Funds or disabling your Account; reporting the incident to relevant bodies or authorities; publishing the alleged violations and actions that have been taken; or removing any violative content from the Platform. 

LIMITATION OF LIABILITY 

Disputes with Users 

If you have a dispute with one or more Users of the Platform, you agree that neither we nor our affiliates or service providers, nor any of their respective officers, directors, members, shareholders, agents, joint venturers, employees and representatives (“Company Parties”), will be liable for any claims, demands, damages (actual and consequential), losses, costs and expenses, including litigation costs and attorneys’ fees arising out of or relating to such disputes. 

Release 

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Company Parties, from liabilities arising from any claims, demands, damages (actual and consequential), losses, costs and expenses arising from or in any way related to your use of the Platform or the Services. You expressly waive and relinquish any rights thereto which you may have under any other applicable law or in equity, to the fullest extent permitted by law. 

Limitation of Liability 

Subject to applicable law, in no event will Company Parties be liable for any remote, indirect, incidental, special, punitive, consequential or similar claims, demands, damages (actual and consequential), losses, costs and expenses, whatsoever arising out of the use of the Platform or Services, any performance or non-performance of the Services, or any product or service provided by or on behalf of the Company Parties, whether under contract, statute, strict liability or other theory even if we and our affiliates are advised of their possibility. 

This includes without limitation, claims, damages, or losses arising out of or in relation to:

● discontinuation or disruption of any blockchains or wallets underlying the VDAs or perpetual futures offered through the Platform; 

● disruption of the Service, including where you are denied access to your wallet; ● loss of any VDAs stored in the Wallet for any reason whatsoever, save and except due to a wilful and malicious commission or omission by us directly resulting in such loss; ● any discontinuation, alteration, suspension, or termination of any part of the Services offered on the Platform due to change in our business plans, or reasons beyond our control including any Force Majeure event or any change in applicable law with respect to VDAs or perpetual futures; 

● trading in VDAs or perpetual futures including due to fluctuations in the prices of VDAs, any loss of profits or loss of expected revenue or gains, any loss of anticipated trading profits and/or any actual or hypothetical trading losses; 

● suspension, cancellation, or termination of an account, including on account of a violation by you of any of these Terms of Use or any applicable law; 

● seizure of your VDAs by a governmental authority or by order of a judicial authority; ● damage to reputation or goodwill; any loss of business or opportunity, customers, or contracts; any loss or waste of overheads, management, or other staff time; or any other loss of revenue or actual or anticipated savings; or 

● breach of these Terms of Use by Us, where the breach is due to circumstances beyond our control, or due to changes in law. 

Liability Cap 

Notwithstanding anything contained in these Terms of Use, to the maximum extent permitted by law, the maximum cumulative liability of the Company Parties arising out of the use of the Platform or our Services, any performance or non-performance of these Terms of Use or the Services, or any product or service provided by or on behalf of the Parties, whether under contract, statute, strict liability or other theory, shall be limited to the monetary value actually received from the User, as consideration or fees in relation to the applicable transaction to which the claim relates. If the claim does not relate to any specific transaction, then the Company Parties’ maximum cumulative liability shall be limited to the monetary value actually received as consideration or fees from the User, for the services rendered by us in relation to the two (2) transactions immediately preceding the date on which the claim is made by the User. 

Remedy 

You acknowledge and agree that your sole remedy for any suspension, cancellation, or termination of the Account or for cessation of any or all Services shall be refund/recovery of your Client Funds, subject to deductions of amounts owed to us and other legal, regulatory, or statutory dues, and to the permissibility of such refund or recovery under applicable law. 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, all logos, information, text, graphics, or other material uploaded by us, which is made available to you on the Platform is our property and is protected under copyright, trademark, and other applicable laws. 

All logos, trademarks, service marks and logos of the Company and others used or displayed on the Platform (“Trademarks”) are our property or the property of our affiliates or licensors. You may not copy, imitate, or use them without our prior written consent. 

You may not: 

● systematically extract/ or re-utilise parts of the Platform; 

● create and/ or publish your own database that features substantial parts of this Platform; ● make any commercial or derivative use of the Platform or its contents; or ● apply for, register, or otherwise use or attempt to use any of our Trademarks, or any confusingly similar marks, anywhere in the world. 

The Platform may in places include third party intellectual property. We do not own any rights to such third-party intellectual property and are bound by the license terms for such intellectual property. By virtue of these Terms of Use, you shall also be subject to said license terms. 

You may choose to submit comments, bug reports, ideas, or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose. 

NO RELIANCE ON INFORMATION 

We display some content that is not ours. This content is the sole responsibility of the person/entity who makes it available. The content of the Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional investment advice, tips or recommendations of any kind. For the avoidance of doubt it is clarified that the Company does not provide investment and financial advice to its Users. Reliance on any information appearing on the Platform, whether provided by the Company, its content providers, visitors to the Platform or others, is solely at your own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on the Platform. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by you on any information published on the Platform, the Company shall have no liability in relation to the same. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all

content, so please exercise discretion when perusing such content and do not assume that we have reviewed it. Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied that the content on the Platform is accurate, complete or up-to-date. 

INDEMNIFICATION 

You agree to indemnify and hold harmless the Company and the Company Parties from and against any Losses arising out of (a) your breach or our enforcement of these Terms of Use or (b) your violation of any applicable law or the rights of any third party and (c) your use of the Platform and the Services. 

GENERAL TERMS AND PROVISIONS 

RELATIONSHIP OF THE PARTIES 

Notwithstanding any provision hereof, for all purposes including without limitation execution of any order and/or transaction initiated by you through the Platform, you and the Company shall act independently and not as a partner, joint venture, agent, intermediary, broker or in any other fiduciary capacity. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract. 

TAXATION 

It is your sole responsibility to determine, collect, report, and submit any / all taxes applicable to the payments you make or receive in connection with the use of the Services to the appropriate tax authority in India or under any other applicable laws. We are not responsible for determining whether any taxes apply to the transactions carried out by you on the Platform or the Services availed by you, or for collecting, reporting or remitting any taxes arising from any transaction undertaken by you via the Platform or Services. 

All fees, commissions, interests, and other charges are exclusive of any applicable goods and services tax which shall be borne by you and separately charged. In case any further Goods and Services Tax (GST) is made applicable on the Services or the transactions on the Platform in the future, we reserve the right to separately charge such GST which shall be borne by You. You agree that perpetual futures do not amount to 'VDAs', 'goods' or 'services'. 

You hereby authorize us to withhold any applicable tax and deposit on your behalf in accordance with this Clause. In cases where we withhold tax, we shall provide you with evidence of such withholding as per the statutory requirements. You would be solely responsible for claiming any credits, refund or exemption(s), if any, from tax authorities. 

The Company shall not be responsible in any manner whatsoever for the same. 

ASSIGNMENT

You may not assign any rights and/or licenses granted under these Terms of Use without our express prior written consent. We reserve the right to assign our rights without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Company. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and insure to the benefit of the parties, their successors and permitted assigns. 

In the event that the Platform is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. 

SURVIVAL 

All provisions of these Terms of Use which by their nature extend beyond the expiration or termination of these Terms of Use, including, without limitation, sections pertaining to suspension or termination, Account cancellation, debts owed to Company, general use of the Platform, disputes with the Company, and general provisions, shall survive the termination or expiration of these Terms of Use. 

TERMINATION 

We may suspend your access to any or all the Services, and/or terminate your Account (and, to the extent applicable, any accounts beneficially owned by related entities or affiliates), with immediate effect, in the event, at the sole discretion of the Company, it is determined that you are in breach of these Terms of Use or any applicable law. You acknowledge that our decision to take certain actions, including suspending or terminating your account may be based on confidential criteria and that we are under no obligation to disclose the details of its decision to take such action with you. 

You may terminate your Account at any time by writing to us at support@fedhabit.in from your registered email ID. 

You must pay any outstanding amounts owed to us before your Account is terminated. Any pending transactions at the time of cancellation of Account will be canceled. You need to close all the open positions in the Platform and if any outstanding funds exist, you have to raise a withdrawal request on the funds. 

Notwithstanding anything contained in these Terms of Use, we reserve the right to retain and use the transaction data or other information related to an Account after termination, in the manner specified in our KYC-AML Policy and Privacy Policy. 

Once the Account is terminated, all charges and liabilities owed to us on the account will be due and payable to us. Upon payment of all outstanding charges to us (if any), you will be entitled to withdraw all the balance funds from the Account within a period of 7 (seven) days from the date

of such termination; unless such transfer is: (i) prohibited under applicable law, including applicable sanctions programs; (ii) required by a valid court order; or (c) necessary for compliance with applicable law in the Company’s discretion. 

NOTICES 

Any notice under these Terms of Use will be communicated electronically. Such notices may be delivered by us through email (at the primary email address listed in your Account), by posting them on the Platform, or through other electronic communication such as text messages or mobile push notifications. Any notices you send us must be sent to us by email at support@fedhabit.in. 

You (a) consent to receive communications from us in an electronic form; and (b) agree that all communications we send electronically satisfy any legal requirement that such communications would satisfy if they were made in writing, physically. 

FORCE MAJEURE 

Without prejudice to any provision hereof, we shall not be liable for delays, failure in performance of these Terms of Use or interruption of the Service, which result directly or indirectly from a Force Majeure event. Provided that, a Force Majeure event shall not affect the validity and enforceability of any provisions, the performance of which is not affected by such an event. 

GOVERNING LAW AND JURISDICTION 

These Terms of Use, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of Ahmedabad, India will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on you by us and you irrevocably consent to the jurisdiction of such courts and waive any objection as to inconvenient forum. 

SEVERABILITY 

If any word, phrase, sentence, clause or provision of these Terms as applied to a Party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause or provision of these Terms. If any provision of these Terms, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. 

CONTACT

If You have any questions relating to these Terms of Use, Your rights and obligations arising from these Terms of Use and/or Your use of the Platform and the Service, or any other matter, please contact our Grievance Officer: 

Name: [] 

Email: support@fedhabit.in 

Law enforcement, statutory or regulatory agencies/authorities should contact our Nodal Officer: Name: [] 

Email: nodaldesk@fedhabit.in 

DISCLAIMER 

VDAs are unregulated digital assets, not a legal tender and subject to market risks. All investments are subjected to price fluctuation, liquidity and other risks. We do not guarantee any assured returns or profit. Trading in crypto products and perpetual futures can be highly risky. There may be no regulatory recourse for any loss from such transactions.