Terms of Condition

1. Introduction

Welcome to the General Terms of Service for NOVA CAPITAL LIMITED. These Terms, together with our pricing page, issuer terms (if applicable), and any other documents referenced herein (collectively, the "Terms"), form a legally binding agreement between you and NOVA CAPITAL LIMITED.

These Terms apply to users of NOVA CAPITAL LIMITED (hereinafter referred to as "you" or "Customer") and NOVA CAPITAL LIMITED (hereinafter referred to as "the Company" or "we" or "us").

By using the Company's services, you agree to be bound by these Terms.

Risk Warning Regarding Digital Payment Token Services
M.I.S.A. - Mwali International Services Authority requires this risk warning to be provided to customers of Digital Payment Token (DPT) service providers. Before paying funds or DPT to your DPT service provider, please note the following:

DPT service providers are not required to obtain a license from MAS to offer DPT services. Please be aware that if your DPT service provider's business fails, you may not be able to recover all the funds or DPT you paid.

If you do not fully understand this DPT, please do not engage in transactions using DPT. If you are unfamiliar with the technology provided by the DPT service, trading with DPT may not be appropriate.

The value of DPT can fluctuate significantly. Only purchase DPT if you are prepared to accept the risk of losing all the funds you invest in such tokens.

Please read this document carefully to understand how your account and the Company's services operate. If you do not agree to these Terms, please do not register or use the Company's services. Different conditions may apply to users in certain regions.

2. Our Services

The Company operates an application ("App") that can be downloaded to mobile devices.

The information provided through the Company's services is not intended to constitute financial or other advice and should not be construed as such. This information is general and not specific to you. It does not constitute an offer or solicitation to buy or sell securities, products, services, or investments, nor does it imply a recommendation, endorsement, or sponsorship of any securities, companies, or funds.

You should carefully evaluate whether your financial situation and risk tolerance are suitable for transactions conducted using the Company's services. You are also responsible for conducting your own research before engaging in any transactions through the Company's services.

3. About the Company

The conditions applicable to you may vary depending on where the Company provides services, your place of residence, and the location where you create your Company profile and/or account.

4. Company Profile

To use the Company's services, you must register using an email address, set up an account with a password, and verify your identity (hereinafter, "Company Profile").

We recommend using a strong password that combines letters, numbers, and special characters. Two-factor authentication must be enabled to access your Company Profile.

For detailed steps to protect your Company Profile, please refer to the Security section below (Section 9).

5. Security

It is essential to keep your Company Profile secure at all times. You are responsible for all transactions initiated through your Company Profile. Unauthorized use of your Company Profile can lead to serious consequences, including financial repercussions. Ultimately, the responsibility to keep your Company Profile secure lies with you, which can be ensured by:

• Using a strong password for your Company Profile.

• Keeping your phone secure and always password-protected.

• Enabling two-factor authentication to access your Company Profile.

• Safely storing your Company card PIN and other unique numbers.

• Closing the App when not in use.

• Logging out of the Company's site when not in use.

• Regularly changing your mobile phone, card PIN, and Company account password, and not sharing them with others.

• Keeping your email account secure at all times.

If you believe your mobile phone, Company card, or Company Profile login information has been lost, stolen, or accessed without permission, you should immediately contact support@novacapital.info or the Help Center within the App. The Company is not responsible for any loss resulting from unauthorized access to your email.

6. Information About You

Keeping your personal data secure is important to the Company. The handling of your personal data is explained in the Company's privacy policy.

7. Eligibility

To create a Company Profile, you must meet the following criteria:

• You must be at least 18 years old and reside in a country where the Company's services are available.

• You must open only one account with the Company and must not have had a previous account that was blocked or closed.

• You must verify your identity with the Company and pass any additional checks that may be required (such as anti-money laundering checks and know-your-customer procedures).

8. AML/KYC Verification

The Company adopts anti-money laundering (AML) measures and takes its know-your-customer (KYC) policies very seriously, monitoring the platform for suspicious activities. All requests to verify your identity, address, and source of funds must be complied with.

You may be required to provide a valid government-issued ID and, in some cases, proof of address issued within the last six months.

If the Company cannot verify your identity or the validity of your documents, your Company Profile will be rejected. If you are listed on a government or intergovernmental sanctions list, your Company Profile will also be rejected.

9. Restrictions on Use of the Company's Services

You must not use the Company's services for the following purposes:

• Illegal purposes, including fraud and money laundering, and purposes prohibited by regulation, statute, ordinance, or other governmental or regulatory restrictions.

• For debt collection purposes.

• To circumvent merchant restrictions or obtain goods and services without paying.

• For speculative commercial trading purposes.

• To manipulate the price of assets or currencies.

• In any way that could result in claims, cancellations, chargebacks, fees, fines, penalties, or other liabilities to the Company, other users, third parties, or yourself.

• To provide cash advances from credit cards or assist others in doing so.

• To generate a negative balance in any currency.

• To promote viruses, malware, malicious code, or other forms of IT attacks, or to attempt to access systems and information that overwhelm or overload the infrastructure.

• In any way that interferes with the Company's services.

• To copy or reproduce the Company's content or services in any way.

• To interfere with third-party providers in any way.

• To test the operation of a credit card.

• To circumvent the Company's policies and procedures.

• To use automated transactions, APIs, crawler scripts, or other methods that conflict with the normal use of the Company's services.

• For crowdfunding purposes or to receive revenue from crowdfunding campaigns.

• To harass employees, agents, or other users.

10. The Company’s Remedies

If you violate these Terms, the Company, at its sole discretion, may take the following actions:

• Close, suspend, or restrict access to your Company Profile or account.

• Contact and/or warn third parties about your actions, including other users, banks or card issuers, law enforcement agencies, or regulators.

• Refuse to complete a transaction.

• Cancel a transaction or exchange, in whole or in part; and

• Pursue legal action against you.

11. Account Closure

You may close your Company Profile at any time by contacting the Company. However, you cannot close your Company Profile or account while the Company is investigating your use of the services or while your Company account balance remains. If your Company Profile is closed, you will continue to be responsible for all actions taken through your Company Profile before closure.

Nothing in this Section 11 affects your legal rights under the laws of the country in which you reside.

12. Suspension and Termination of Accounts by the Company

The Company may terminate or suspend your use of the services at any time without notice under the following circumstances:

• If you provide false or misleading information.

• If, at the Company’s sole discretion, your use of the Company Profile or account is deemed harmful or potentially harmful to the Company in any way.

• If you violate these Terms or engage in restricted activities.

• If the Company believes that you have violated these Terms or otherwise engaged in misconduct, including during the AML/KYC verification process.

• If necessary to comply with a court order, law, regulation, regulatory decree, or ombudsman order.

• If you are declared bankrupt; and

• If you are declared deceased.

The Company is not responsible for any loss incurred if your account is suspended. The Company is not obligated and may be prohibited by law from providing detailed information regarding account closure or suspension.

13. Notices and Communications

The Company will contact you via the services or the email address listed in your Company Profile. Please keep the email address up-to-date and check it regularly. Also, regularly review your transaction history and notify the Company if there are any errors or fraudulent transactions. All communications will be conducted in English.

14. Customer Support

If you need assistance, have comments, or wish to file a complaint, please contact customer service at support@novacapital.info. The Company aims to respond to all inquiries within two weeks.

15. Unresolved Complaints

Please provide the Company with an opportunity to resolve your complaint. The Company will respond to your complaint within 15 business days of receipt, except in exceptional circumstances beyond its control. In any case, the Company will respond to your complaint within 60 business days of receipt.

16. Intellectual Property Rights

All intellectual property rights related to the Company's services, including all content and logos, are owned by or licensed to the Company. These intellectual property rights may not be copied, imitated, or used without prior written consent. Nothing in these Terms grants you any intellectual property rights related to the Company's services except the right to use the services and download the App to your device to access the services.

Your right to use the Company's services is personal to you, and you are not permitted to grant this right to others. Granting others the right to use the Company's services is prohibited.

17. Changes to the Terms

The Company may change these Terms and policies at any time. If you do not agree to the changes, you must stop using the services by the scheduled start date of the new changes. Continuing to use the services will indicate your acceptance of the new changes.

Immediate changes may be made without notice if required by law or if minor changes to these Terms do not affect your rights, remedies, or the Company's obligations. If such changes occur, the Company will notify you as soon as reasonably possible.

18. The Company’s Responsibility

The Company's services allow you to purchase services and products owned or developed by third parties, provide content and information, or display content and information operated and supported on third-party networks. Since the Company has no control over these services, products, or content you purchase or view using the Company's services, the Company accepts no liability in this regard.

The functionality of the Company's services is of a reasonably satisfactory standard, and the Company will do its best to make it available at all times. However, certain features may depend on networks and connections beyond the Company's control. Therefore, due to the nature of the Internet and technology, the Company's services are provided "as is" and "to the extent available." The Company cannot guarantee that its services will not be interrupted or that delays, failures, or errors will not occur while using its services.

The Company also does not guarantee that its services are suitable for your specific needs. To the extent possible, the Company excludes any promises that may be implied by law. The Company accepts no financial responsibility for any claims resulting from the provision of its services.

In either case, the Company is not responsible for any loss or damage beyond the reasonably foreseeable range or for losses or damages resulting from your failure to comply with these Terms.

19. The Company’s Right to Offset

In certain situations, the Company may be entitled to compensation from you, such as if a technical error causes a favorable negative balance in your account or if you use the Company's services in violation of these Terms. In such cases, the Company may retain currency or balances by holding part or all of the funds or balances stored in DPT purchased through your Company account or services.

If necessary, the Company will convert currencies and DPT at the appropriate exchange rate.

20. Your Responsibility

You are responsible for:

• All fees and other amounts incurred through your use of the Company's services, as well as any unpaid amounts if you stop using the services or suspend or cancel your Company Profile.

• Complying with all laws, rules, and regulations that may apply to your use of the Company's services, including but not limited to those related to export/import, taxes, or foreign exchange trading activities. The Company is not responsible for fulfilling your tax obligations or calculating and transferring taxes applicable to you.

You are also responsible for keeping a copy of any information you upload to the Company's services or that you can access from your Company Profile. The Company will not provide compensation for any loss incurred as a result of the deletion of information accessed through the services or if access to such information is terminated or suspended when you or the Company terminate or suspend your use of the services.

21. Handling Deceased Customer Accounts

If you need access to a deceased customer's Company Profile, please contact the Company. The Company may request supporting documents, such as a death certificate, probate documents, or other documents certifying your right to manage the deceased's estate.

22. No Investment Advice

The Company does not provide investment advice. While the Company may provide information about types of currencies, DPT, prices, and events that may affect prices, these should not be considered investment advice. If you need investment advice, you should consult a financial advisor. You are solely responsible for using the Company's services and the financial consequences of your actions.

23. Waiver of Litigation Rights

1. You agree not to bring any lawsuits against the Company in any jurisdiction for any disputes, claims, or demands arising out of your use of the Company's services.

2. You acknowledge and agree that the waiver of litigation rights set forth in the preceding paragraph is legally valid and enforceable. All disputes between you and the Company will be resolved out of court, and no legal proceedings will be undertaken.

3. This provision applies even in cases of the Company’s negligence, misconduct, or other legal violations.

4. This waiver of litigation rights is granted to the fullest extent permitted by applicable law. Even if the waiver of litigation rights is found to be invalid or unenforceable, you waive the right to seek other forms of legal remedies.

24. Governing Law and Dispute Resolution

The laws of the Mwali International Services Authority apply to all disputes and the interpretation of these Terms. The courts of the Comoros Union have non-exclusive jurisdiction over disputes arising from or related to the use of the Company's services. This does not affect your rights under the laws of the country in which you reside, including the right to have disputes related to the use of the Company's services heard in a court of that country (where applicable).

25. Other Provisions

No third-party rights are created under these Terms. Only you, the owner of the Company Profile, have the right to enforce these Terms. Your rights under these Terms cannot be assigned or transferred to another person.

If the Company does not exercise its rights under these Terms, this does not constitute a waiver of your rights. The Company may assign or transfer its rights under these Terms at any time.

Unless otherwise provided in these Terms, if any provision of these Terms is found to be invalid or unenforceable, such provision will be considered null and void, and the remaining provisions will be enforced to the extent possible.

Prohibited Articles and Transactions mean the following: (1) Drug-related equipment, narcotics, steroids, certain controlled substances, or other products that pose a risk to consumer safety, (2) stolen goods, including digital and virtual goods, or acts that promote, support, or direct illegal activity against others; (3) promoting financial exploitation, violence, racial intolerance, or crime; (4) items considered obscene; (5) items that infringe copyright, trademarks, publicity or privacy rights, or other rights under applicable law; (6) ammunition, firearms, parts or accessories of certain firearms, or specific weapons or knives regulated or prohibited under applicable law; (7) purchasing pension or lottery contracts, reserve systems, offshore banking, or debt financing or refinancing transactions funded by credit cards; (8) selling specific items before the seller manages or owns the items; (9) using payment processors to collect payments on behalf of merchants; (10) transactions related to traveler's checks, purchase orders, remittances, Money Send Intracountry, Money Send Intercountry, Money Send Funding; (11) certain credit or debt settlement services, credit transactions, or insurance activities; (12) offering or receiving payments for bribery or corruption; (13) activities involving gambling; (14) automatic fuel dispenser transactions; (15) direct marketing services; (16) massage parlors; (17) timeshares; or (18) chemicals and related products not otherwise classified.

Prohibited Countries mean Myanmar, the Federal Republic of Somalia, the Democratic People's Republic of Korea, Eritrea, the Republic of Liberia, the Democratic Republic of the Congo, Iran, Côte d'Ivoire, the Republic of Zimbabwe, the Republic of Guinea, Iraq, Cuba, Syria, or any other country (or with others) authorized by the United Nations Security Council or under the applicable law of the country of residence.