Terms and conditions

These Terms and Conditions were last updated on February 9, 2026.

‍

1. INTRODUCTION AND SCOPE OF THESE TERMS

‍

1.1 About CiNKO and the Service Provider

CiNKO is a digital payment platform that provides access to digital asset wallet services and related payment and custody services through its mobile application. The availability of products and services may vary depending on your location and applicable regulatory requirements.

The products and services are offered by Digital Finance (Bahamas) Ltd., which operates the CiNKO platform under the CiNKO brand. Digital Finance (Bahamas) Ltd. is a company duly registered and licensed under the laws of the Commonwealth of The Bahamas and is regulated by the Securities Commission of The Bahamas under the Digital Assets and Registered Exchanges Act, 2020, as amended (the "DARE Act").

‍

1.2 Services Covered by These Terms

These Terms govern your access to and use of the digital asset services made available through the CiNKO platform, including digital asset wallet services, payment services involving digital assets, digital asset custody, and any other products, features, or services that we may make available to you through the CiNKO platform from time to time.

Certain services, features, or products may be subject to additional terms, disclosures, or addenda. Where applicable, such documents form part of these Terms and automatically apply when you use the relevant service, feature, or product. Without limitation, the Services may include access to a branded payment card program (such as the CiNKO-branded Visa card) made available through the Platform, which is subject to separate card terms issued by the relevant card issuer and program partners.

‍

1.3 Eligibility and Acceptance of These Terms

You may only access or use the Services if you have the legal capacity to enter into a binding agreement and if you are authorized to use the Services in accordance with applicable laws and regulatory requirements. If you are an individual, you represent that you are at least of legal age in your place of residence. If you access or use the Services on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms.

These Terms constitute a legally binding agreement between you and us when you create an Account, accept these Terms electronically, or otherwise access or use any of the Services. This agreement applies to all Services made available to you through the CiNKO Platform, together with any applicable addenda, disclosures, or service-specific terms, which form part of these Terms and automatically apply when you use the relevant Service.

‍

1.4 Absence of Advice and Nature of Services

The services are provided solely on an execution and custody basis. We do not provide, and nothing on the CiNKO platform constitutes, investment advice, legal advice, tax advice, or any other form of professional advice.

You are solely responsible for obtaining independent advice, as appropriate, in connection with your use of the services and any transactions involving digital assets.

‍

1.5 Jurisdictional Limitations and Non-Solicitation

Nothing in these Terms constitutes an offer or solicitation of services in any jurisdiction where such an offer or provision would be unlawful. We do not direct the services to any particular country, region, or market through these Terms.

‍

2. DEFINITIONS

In these Terms, the following words and expressions shall have the meanings set forth below, unless the context requires otherwise:

"Account" means an account opened and maintained by you on the CiNKO platform to access and use the Services.

“CiNKO Platform” or “Platform” means the CiNKO branded mobile application and any related systems, software, or interfaces through which the Services are made available.

“Card” means a CiNKO-branded payment card (physical or virtual) made available through the Platform in connection with a card program.

“Card Terms” means the CiNKO Expense Card Terms (and any terms of the issuer and program partners) governing the Card and the card program.

“Custody Addendum” means the addendum that forms part of these Terms and sets out the detailed terms governing the custody of Digital Assets.

“Customer,” “you,” or “your” means the individual or entity accessing or using the Services and agreeing to be bound by these Terms.

“DARE Act” means the Digital Assets and Registered Exchanges Act, 2020 of The Bahamas, as amended from time to time.

“Digital Asset” has the meaning attributed to that term under the DARE Act and includes any virtual asset, token, or other digital representation of value supported by the Platform from time to time.

“Digital Asset Services” means the services related to digital assets made available through the CiNKO Platform, including custodial wallet services and payment services involving digital assets, as described in more detail in these Terms.

“Issuer” means the issuing bank or licensed issuer of the Card program identified in the Card Terms.

“Products and Services” or “Services” means the products, features, and services made available by us through the CiNKO Platform.

“Securities Commission of The Bahamas” or “SCB” means the Securities Commission of The Bahamas.

“Terms” means these terms and conditions, together with any annexes, disclosures, or service-specific terms incorporated by reference.

“We,” “us,” or “our” means Digital Finance (Bahamas) Ltd., which operates the CiNKO Platform under the CiNKO brand.

‍

3. REGULATORY COMPLIANCE FRAMEWORK

‍

3.1 Compliance with Applicable Laws and Regulatory Requirements

We operate as a regulated digital asset business and provide the Services in compliance with the DARE Act and all other applicable laws, regulations, rules, and regulatory requirements.

Our regulatory obligations apply to the provision of the Services and form part of our contractual relationship with you.

‍

3.2 Prevention of Money Laundering, Terrorist Financing, and Sanctions

We are required to maintain measures designed to prevent money laundering, terrorist financing, sanctions violations, and other illegal or prohibited activities. This may include verifying your identity, monitoring activity on your Account, and reviewing transactions made through the Services.

You must not use the Services in a manner that causes us to violate applicable anti-money laundering, counter-terrorism financing, or sanctions laws, including use involving restricted persons, entities, jurisdictions, or activities.

‍

3.3 Transaction Monitoring, Restrictions, and Reporting

To comply with applicable laws and regulatory requirements, or when we reasonably believe it is necessary to manage legal, regulatory, or risk exposure, we may delay, restrict, suspend, reject, or block transactions or access to the Services.

We may also be required to make disclosures or reports to regulators, law enforcement agencies, or other competent authorities. Where permitted and practicable, we may take reasonable steps to minimize disruption, but certain actions may be taken without prior notice where such notice is not permitted or appropriate.

‍

3.4 Cooperation with Authorities

We may be required to cooperate with regulators, law enforcement agencies, or other competent authorities, including by providing information related to your Account, transactions, or use of the Services, in accordance with applicable law.

‍

3.5 No Liability for Compliance Actions

You acknowledge that actions taken by us in good faith to comply with applicable laws or regulatory requirements may affect your access to the Services or the processing of transactions. To the extent permitted by law, we are not liable for any losses arising from such actions.

‍

4. CUSTOMER OBLIGATIONS

‍

4.1 Accuracy of Information, Identity Verification, and Due Diligence

You must provide information that is accurate, complete, and up-to-date at all times, including information provided during registration, identity verification, and in connection with your use of the Services. This includes, without limitation, your contact details, identification information, and any other information required to enable us to provide the Services or comply with applicable laws and regulatory requirements. You must update your information in a timely manner if it changes.

To comply with applicable laws, regulatory requirements, and our internal risk management obligations, we are required to identify and verify customers, authenticate the information provided to us, and conduct ongoing customer due diligence. This may include occasionally requesting additional information or documentation from you, requiring you to confirm ownership or control of contact details, devices, payment instruments, or digital asset addresses, and validating information against third-party databases or other sources.

You agree to cooperate with all reasonable requests made by us, or by third parties acting on our behalf, for information, documentation, or verification in connection with identity verification, customer due diligence, transaction monitoring, or validation of the source of funds or digital assets. You authorize us to make such inquiries and verifications as we deem necessary for these purposes, either directly or through third-party service providers, including verifications against secure databases and other sources of information. Where permitted by law, such verifications may result in the creation of a record or "soft footprint."

If we are unable to obtain or verify the required information, or if you do not comply with reasonable requests for verification or information, we may restrict, suspend, or terminate your access to your Account or the Services, or limit your ability to conduct transactions. You acknowledge that failure to provide accurate, complete, and up-to-date information may affect the availability of the Services and that we are not responsible for losses arising from inaccurate, incomplete, or outdated information provided by you.

‍

4.2 Lawful Origin of Digital Assets and Funds

You represent and warrant that all funds and digital assets used in connection with the Services are derived from lawful sources and are not linked to any illegal, fraudulent, or prohibited activity, including money laundering, terrorist financing, or sanctions violations.

You are responsible for ensuring that any transaction you initiate or receive using the Services complies with applicable laws and regulatory requirements regarding anti-money laundering, counter-terrorism financing, and sanctions. This includes ensuring that the counterparties, recipients, and purposes of the transactions are lawful.

We may require you to provide information or documentation to verify the source of funds or digital assets used in connection with the Services. If you do not provide satisfactory information or if we reasonably believe that the funds or digital assets may be linked to illegal or prohibited activities, we may restrict, suspend, or reject transactions, or take other measures permitted under these Terms or applicable law.

‍

4.3 Use of Services in Accordance with the Law

You must use the Services only in accordance with these Terms and all applicable laws, regulations, and regulatory requirements.

You must not use the Services in any way that causes us to breach any applicable legal or regulatory obligations, including obligations imposed by payment networks, blockchain protocols, custody requirements, or other service providers on which the Services depend.

You acknowledge that the legality of a transaction or activity is determined by applicable law and that the use of the Services does not make lawful an activity that would otherwise be prohibited.

‍

4.4 Security of Customer Credentials

You are responsible for taking all reasonable measures to protect the security and confidentiality of your Account, credentials, authentication methods, and any devices or communication channels used to access the Services.

This includes, without limitation:

keep your login credentials, PINs, passwords, authentication codes, and recovery data confidential;
ensure that your mobile device, email account, and any other communication channels linked to your Account are secure and accessible only by you;
not allow any other person to access or use your Account or observe how you access it;
Notify us immediately if you believe your credentials, device, or Account have been lost, stolen, compromised, or accessed without authorization.

You acknowledge that transactions initiated using your credentials may be processed automatically and that anyone who gains access to your credentials may initiate transactions without your authorization. Delays in notifying us of a possible compromise may affect the security of your Account and may result in losses for which you will be responsible.

‍

4.5 Prohibited Activities

You must not use the Services to engage in any activity that is unlawful, fraudulent, abusive, or otherwise prohibited under these Terms or applicable law.

Without limitation, you must not:

use the Services for illegal purposes, including fraud, money laundering, terrorist financing, or the purchase, sale, or facilitation of illegal goods or services;
provide false, inaccurate, misleading, or incomplete information;
attempt to circumvent, abuse, or interfere with the Services, security features, transaction limits, or compliance controls;
infringe our intellectual property rights or the rights of any third party;
engage in harassment, threats, defamation, or abuse;
attempt to access, control, or interfere with another user's Account or create multiple Accounts without authorization;
manipulate, exploit, or abuse any promotion, incentive, rewards, referral program, or similar program made available through the CiNKO Platform (a “Program”) or otherwise attempt to obtain benefits in a manner inconsistent with the rules of the Program or these Terms;
use the Services in a manner that may result in claims, disputes, chargebacks, penalties, fines, or other liability for us, other users, or third parties;
refusing to cooperate with reasonable requests for information, verification, or compliance.

If we reasonably believe that you have engaged in prohibited activities or violated these Terms, we may take appropriate action to protect ourselves, other users, and third parties. Such measures may include restricting, suspending, or terminating your access to the Services or your Account, refusing or reversing transactions where permitted, reporting the activity to the relevant authorities, or taking other measures permitted under these Terms or applicable law.

‍

4.6 Account Use and Responsibility

You may only access and use the Services on your own behalf and for your own benefit. You represent that you meet all applicable eligibility requirements, including any age or capacity requirements under applicable law, and that you will not open or operate more than one Account unless expressly approved by us. All activity conducted through your Account shall be deemed to be conducted by you, and you shall not permit any third party to access or use your Account or conduct transactions on your behalf, unless expressly permitted under these Terms or approved by us in writing.

‍

5. DIGITAL ASSET NETWORKS AND TRANSACTION RISKS

‍

5.1 Nature of Digital Assets and Networks

The Services involve digital assets that operate on decentralized blockchain networks that are not owned, controlled, or operated by us. These networks support the custody and payment services made available through the CiNKO Platform.

The operation, performance, and availability of digital asset networks depend on third parties and underlying protocols that are beyond our control. You acknowledge that digital asset networks may be subject to congestion, delays, technical failures, or changes in protocol rules, which may affect transactions or access to digital assets.

‍

5.2 Transactions and Irreversibility

Transactions involving digital assets are generally irreversible once sent to a blockchain network. You are responsible for ensuring that all transaction instructions, including recipient details and amounts, are correct before sending them.

We may not be able to reverse, cancel, or recover digital assets transferred in error, except where required by applicable law.

‍

5.3 Third-Party Protocols and Infrastructure

The Services rely on third-party blockchain networks, protocols, validators, payment rails, or other infrastructure providers.

We are not responsible for the operation, security, or performance of third-party networks or infrastructure, except to the extent required by applicable law or as expressly set forth in these Terms.

‍

5.4 Forks, Updates, and Network Events

Blockchain networks may experience forks, upgrades, airdrops, or other events that affect digital assets or the way they operate.

The manner in which such events are handled, including whether and how the underlying assets or related rights are made available, is described in the applicable annexes or related disclosures. We do not guarantee support for any specific fork, upgrade, or network event, unless expressly stated.

‍

5.5 Availability of Services

The availability of digital assets and related Services may change from time to time for legal, regulatory, technical, or operational reasons.

We may add, remove, suspend, or restrict support for certain digital assets or features when necessary to comply with applicable laws or manage risk.

‍

6. PAYMENT SERVICES

‍

6.1 Scope of Payment Services

We provide payment services through the CiNKO Platform that allow you to initiate, send, receive, and manage payments and transfers involving digital assets and fiat currency, including person-to-person payments, payments to merchants, transfers between CiNKO users, and other payment features made available from time to time.

Payment services are provided through your Account and digital wallet and may be subject to eligibility requirements, verification status, transaction limits, and applicable laws and regulatory requirements. The availability of specific payment features may vary depending on jurisdiction, user profile, or regulatory restrictions.

Certain payment services may be provided or supported by third-party service providers, including banks, payment processors, blockchain networks, or other infrastructure providers, and the availability, timing, and execution of such services may depend on those third parties.

‍

6.2 Card Program (CiNKO Brand Visa Card)

The Platform may allow you to apply for, obtain, activate, manage, and use a CiNKO-branded payment card (the "Card") that is issued and operated by third-party partners of the program, including the Issuer, under license from the applicable card scheme. The Card and all card transactions are governed by the Card Terms, which are incorporated by reference and automatically apply when you apply for, activate, or use the Card.

To the extent permitted by applicable law, the Issuer is not a party to these Terms and disclaims all liability for the Services we provide under these Terms. We do not guarantee that the Card will be available in all jurisdictions or to all users, and the availability of the Card may be subject to eligibility, verification, compliance checks, and approval by the Issuer.

You acknowledge that use of the Card may involve the exchange of information (including transaction data and related data) between us, the Issuer, card networks, and service providers, as described in these Terms, the Card Terms, and applicable privacy notices.

‍

6.3 Payment Instructions and Authorization

You can initiate payment instructions by accessing your Account through the CiNKO Platform and following the applicable instructions. You are responsible for ensuring that all payment details, including recipient identifiers, amounts, and currencies, are accurate and complete.

By confirming a payment instruction through the CiNKO Platform, you authorize us to execute the payment in accordance with your instructions and these Terms. A payment instruction will be deemed to have been received by us when it is successfully submitted through the Platform and accepted in accordance with the applicable requirements.

When a payment involves a recipient who is not yet a CiNKO user or who is otherwise ineligible to receive the payment at the time the instruction is sent, the payment may remain pending until the relevant conditions are met or may be canceled in accordance with the Platform's functionality.

‍

6.4 Execution and Timing of Transactions

Once a payment instruction has been accepted, we will take reasonable steps to execute the transaction promptly, subject to applicable transaction limits, verification requirements, compliance checks, and network or banking restrictions.

Execution times may vary depending on factors including the type of transaction, blockchain network conditions, fiat currency banking processes, the status of the recipient, and applicable regulatory or compliance requirements. You acknowledge that delays may occur due to circumstances beyond our control and that transaction execution times displayed on the Platform may be indicative only.

Completed transactions will be reflected in your transaction history on the CiNKO Platform.

‍

6.5 Commissions, Charges, and Deductions

Commissions, fees, exchange rates, and any applicable deductions in connection with payment services will be disclosed to you through the CiNKO Platform or in the applicable annexes before you confirm a transaction, when required by law.

You authorize us to deduct from your Account any fees, charges, or other amounts applicable in connection with the execution of payment services. Fees and charges may vary depending on the type of transaction, currency, network costs, and other factors, and may be updated from time to time in accordance with these Terms.

‍

6.6 Failed, Delayed, or Reversed Transactions

A payment may fail, be delayed, or be reversed due to factors including incorrect payment details, insufficient funds, transaction limits, compliance checks, network congestion, bank delays, or regulatory requirements.

When a transaction fails or is canceled prior to execution, any funds debited from your Account will be returned in accordance with applicable law and subject to the required controls. When a transaction has been executed on a blockchain network or through an external payment system, it may not be reversible.

We are not responsible for losses resulting from delays, failures, or reversals caused by factors beyond our reasonable control, including third-party networks or service providers, except to the extent required by applicable law.

‍

6.7 Transaction Limits and Controls

Your use of payment services is subject to transaction limits, controls, and restrictions determined by us in accordance with applicable laws, regulatory requirements, and risk management considerations. Transaction limits may vary based on factors such as verification status, transaction type, jurisdiction, and compliance assessments.

We may reject, suspend, hold, or delay a transaction that exceeds the applicable limits or when additional review or authorization is required. Information about applicable limits may be made available through the CiNKO Platform, and limits may be modified, increased, reduced, or removed from time to time.

‍

6A. ACCOUNT BALANCES AND NEGATIVE BALANCES

‍

6A.1 Indicative Balances

The balances displayed on the CiNKO Platform are indicative and may not reflect settled balances. The balances displayed may not take into account pending transactions, reversals, commissions, chargebacks, or other adjustments. Information regarding pending debits and credits will be made available to you as soon as reasonably practicable.

‍

6A.2 Obligation to Maintain a Positive Balance

You must ensure that your Account maintains a zero or positive balance at all times.

If your Account shows a negative balance for any reason, including as a result of fees, chargebacks, reversals, transaction adjustments, technical errors, or actions taken in accordance with these Terms, the negative balance represents an amount you owe us and is immediately due and payable without prior notice.

‍

6A.3 Recovery of Negative Balances

When your Account has a negative balance, we may take reasonable measures to recover the amount owed, including, without limitation:

deduct amounts from any available balance in your Account;
offset amounts against funds credited to your Account in the future;
reject or restrict transactions until the negative balance is cleared;
request that you send funds to correct the negative balance; or
pursue recovery through lawful collection methods, including the use of third-party collection services or legal proceedings, and recover reasonable costs incurred in connection with such recovery, to the extent permitted by applicable law.

6A.4 No Waiver of Other Rights

Our rights under this section are without prejudice to any other rights or remedies available to us under these Terms or applicable law, including the right to suspend or terminate your Account.

‍

7. CUSTODY SERVICES

‍

7.1 Scope of Custody Services

The custody of digital assets and funds is an inherent and ongoing feature of the CiNKO digital wallet. When you access or use the Services, including payment services, we hold and safeguard on your behalf the supported digital assets or funds in order to enable transactions through the CiNKO Platform.

Custody is provided solely in respect of digital assets and funds admitted by the CiNKO Platform from time to time and only when you have satisfied the applicable eligibility, verification, and regulatory requirements. The manner in which digital assets are held, safeguarded, and managed is governed by these Terms and, where applicable, by the Custody Annex.

‍

7.2 Designation and Character

By using the Services and maintaining a balance in your Account, you acknowledge and agree that we hold and safeguard on your behalf the digital assets and funds admitted as custodian for the purpose of enabling transactions through the CiNKO Platform.

We provide custody services solely in our capacity as a regulated digital asset business and do not act as a trustee, fiduciary, investment advisor, or agent, unless expressly set forth in these Terms or required by applicable law.

‍

7.3 Ownership of Digital Assets

You retain full ownership of all digital assets held in custody on your behalf at all times, even when they are held in omnibus wallets alongside assets belonging to other clients.

Digital assets held in custody, in an omnibus structure or otherwise:

remain your property;
are not our assets; and
are not available to our creditors and do not form part of our bankruptcy estate, unless required by applicable law.

Nothing in these Terms transfers ownership or creates any security interest in your digital assets in our favor.

‍

7.4 How Digital Assets Are Held (Omnibus Custody)

We provide custody of supported digital assets using different custody structures depending on the type of digital asset, the relevant blockchain network, and the nature of the service being provided.

Under an omnibus custody scheme:

digital assets belonging to multiple clients are held jointly in one or more shared blockchain wallets controlled by us; and
Each customer's individual rights are recorded through our internal systems, records, and accounting books, rather than in a separate on-chain wallet for each customer.

Although you may be assigned a unique deposit address, vault, or wallet interface within the CiNKO Platform, the digital assets deposited by you may be moved, consolidated, or "swept" to omnibus wallets for operational purposes. These purposes may include transaction processing, liquidity management, network compatibility, cross-chain functionality, or other legitimate operational requirements.

Omnibus custody is used to enable efficient operation of the Platform and does not affect your ownership of your digital assets.

‍

7.4A Client Consent to Omnibus Custody

By creating an Account, accepting these Terms, or using the Services, you expressly consent to us holding your supported digital assets in omnibus custody arrangements where applicable.

This consent applies in particular to stablecoins, which are currently held exclusively in omnibus custody structures.

Omnibus custody does not apply by default to all digital assets. Different custody arrangements may apply to different types of assets, products, or services, and we will disclose the applicable custody model through these Terms, the Custody Addendum, or relevant service-specific disclosures.

‍

7.5 Safeguarding and Segregation

We take reasonable steps to safeguard digital assets held in custody and to maintain adequate segregation between customer digital assets and our own assets, in accordance with applicable laws and regulatory requirements.

The segregation of customer digital assets is achieved through a combination of wallet architecture, access controls, and internal accounting records.

When omnibus custody is used, we maintain detailed internal books and allocation records that identify, at all times, the digital assets held for each client.

Segregation is maintained by ensuring that:

customer entitlements are accurately recorded and reconciled; and
client digital assets are distinguished from our own assets in our internal books and records.

7.6 Use of Digital Assets

We do not use, lend, stake, pledge, guarantee, rehypothecate, or otherwise dispose of digital assets held in custody on our own behalf or on behalf of third parties, except:

when expressly permitted under these Terms or the Custody Addendum; or
with your explicit and informed consent, when required by applicable law.

Any permitted use of digital assets and the associated risks will be clearly disclosed in the Custody Annex or in the applicable specific terms of service.

‍

7.7 Instructions, Transfers, and Withdrawals

We will act on instructions relating to digital assets held in custody only when they are duly authorized and submitted in accordance with the procedures of the CiNKO Platform and these Terms.

Instructions may be subject to verification, transaction limits, compliance checks, and technical or network restrictions. Transactions involving digital assets may be irreversible once executed.

‍

7.8 Custody Annex

The Custody Annex forms an integral part of these Terms and sets out the detailed terms governing custody arrangements.

In the event of any inconsistency between these Terms and the Custody Annex in relation to custody matters, the Custody Annex shall prevail.

‍

8. FEES, TAXES, AND REPORTS

‍

8.1 Commissions and Charges

You may open and maintain an Account free of charge. However, fees, charges, spreads, or other costs may apply when you use certain Services, including payments or transfers, digital asset or currency conversions, withdrawals, custody-related actions, or other features made available through the CiNKO Platform.

The applicable fees, charges, and other costs in connection with the Services are set forth in Appendix 2 (Fee Schedule) and may also be described on the CiNKO Platform or in our frequently asked questions (FAQs) or help pages from time to time. Commissions may vary depending on factors such as the type of Service, the transaction amount, the currency or digital asset involved, network costs, market conditions, and operational considerations.

‍

8.2 Payment Method

You authorize us to collect any applicable fees, charges, and other amounts you owe in connection with your use of the Services by deducting them from your Account or from amounts otherwise payable to you, to the extent permitted by law.

If there are insufficient funds in your Account to cover the amounts owed, we may refuse to process transactions, restrict access to certain Services, or recover the amounts owed from funds credited to your Account at a later date.

‍

8.3 Taxes

You are responsible for determining and paying any taxes, duties, fees, levies, or other similar governmental charges that may arise in connection with your use of the Services, including taxes related to transactions involving digital assets.

We do not provide tax advice and are not responsible for collecting, reporting, or remitting taxes on your behalf, except where required by applicable law.

‍

8.4 Transaction Statements and Records

Information regarding your Account activity, including balances and transaction history, will be made available to you through the CiNKO Platform.

You are responsible for reviewing your statements and transaction records promptly and notifying us of any suspected errors or unauthorized activity within a reasonable time. Records made available through the CiNKO Platform will be considered accurate unless you notify us otherwise in accordance with these Terms.

We may retain records relating to your Account and transactions for as long as required by applicable law and regulatory requirements.

‍

8.5 Investigation and Recovery Fees

When you request our assistance, or when it is reasonably necessary for us to review, investigate, trace, recover, or attempt to reverse or resolve any transaction, dispute, chargeback, suspected unauthorized activity, or other incident related to your Account or use of the Services (an “Investigation”), we may charge you an investigation and recovery fee.

Such fee shall be reasonable and proportionate, taking into account the nature and complexity of the Investigation, the time and resources required, and any costs charged to us by third parties (including blockchain infrastructure providers, banks, payment processors, card networks, intermediaries, analytics providers, or legal and compliance service providers).

Where practicable, we will notify you via the CiNKO Platform (or through customer support channels) if an investigation and recovery fee is likely to apply before incurring material costs at your request. Investigation and recovery fees are non-refundable, even if recovery efforts are unsuccessful, unless otherwise required by applicable law.

We may deduct any investigation and recovery fees from your Account in accordance with Section 8.2 (Payment Method) or require you to pay them before completing the requested Investigation or providing related assistance, to the extent permitted by applicable law.

‍

9. RISK DISCLOSURES

‍

9.1 General Risks of Digital Assets

Digital assets are subject to unique risks and characteristics that differ from traditional financial products. These may include price volatility, technological risks, regulatory changes, and market liquidity constraints.

The value of digital assets can fluctuate significantly in short periods, and you may experience losses. Past performance is not indicative of future results.

‍

9.2 Blockchain and Network Risks

Digital asset transactions rely on decentralized blockchain networks that are not controlled by us. Such networks may experience congestion, delays, operational failures, protocol changes, or security vulnerabilities.

These events may result in delayed transactions, temporary unavailability of services, or loss of access to digital assets. Transactions recorded on blockchain networks are generally irreversible.

‍

9.3 Custody and Operational Risks

While we take reasonable measures to safeguard digital assets held in custody, no system is completely risk-free. Custody services and arrangements may be affected by operational, technical, or third-party risks, including infrastructure provider failures or security incidents.

Details regarding custody arrangements and safeguarding measures are set out in the Custody Annex.

‍

9.4 Risks of Omnibus Custody

When digital assets are held in omnibus custody, they are pooled with assets belonging to other clients in shared wallets and recorded using our internal records. Omnibus custody involves greater operational and legal complexity than individually segregated wallets.

In the event of our insolvency, the return of assets held in omnibus wallets may depend on the accuracy of our records and the application of applicable insolvency laws. While it is intended that customers' digital assets are treated as separate from ours and isolated from insolvency (insolvency-remote), insolvency proceedings can be complex and may result in delays or costs for the return of assets.

By using the Services, you acknowledge and accept these risks.

‍

9.5 Regulatory and Legal Risks

The legal and regulatory treatment of digital assets and related services may change over time and may differ between jurisdictions. Changes in law, regulation, or regulatory interpretation may affect the availability, use, or treatment of digital assets or the Services.

We may be required to modify, suspend, or discontinue certain Services or digital assets to comply with applicable laws or regulatory requirements.

‍

9.6 Absence of Advice and Customer Responsibility

The Services are provided solely on an execution and custody basis. We do not provide investment, legal, tax, or other professional advice.

You are solely responsible for evaluating whether the Services and any transactions involving digital assets are right for you, including obtaining independent professional advice when necessary.

‍

9.7 Technological and Security Risks

Your use of the Services depends on technology, including software, devices, and communication networks. Failures, interruptions, malware, phishing, or unauthorized access to your credentials or devices may result in losses or unauthorized transactions.

You are responsible for maintaining appropriate security measures in accordance with these Terms.

‍

9.8 No Guarantee of Availability or Performance

We do not guarantee uninterrupted or error-free access to the Services. The availability or performance of the Services may be affected by maintenance, updates, system outages, third-party dependencies, or events beyond our reasonable control.

‍

9.9 Acknowledgment of Risk

By using the Services, you acknowledge and accept the risks associated with digital assets, blockchain networks, and related technologies.

Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation is not permitted under applicable law.

‍

10. STANDARD OF DILIGENCE AND RESPONSIBILITY

‍

10.1 Standard of Care

We will provide the Services with reasonable care and skill, in accordance with applicable laws, regulatory requirements, and generally accepted industry standards for regulated digital asset businesses.

We do not guarantee uninterrupted, error-free, or risk-free operation of the Services, nor do we guarantee the performance of any digital asset, payment network, or third-party infrastructure.

Nothing in these Terms limits or excludes any duty or obligation that cannot be limited or excluded under applicable law, including under the DARE Act.

‍

10.2 Excluded Losses

To the maximum extent permitted by applicable law, we are not liable for indirect, incidental, special, consequential, or economic losses, including loss of profits, business opportunities, goodwill, reputation, or anticipated savings, whether arising under contract, tort (including negligence), or otherwise.

Without limitation, we are not liable for losses arising from:

incorrect or incomplete payment or transaction details provided by you, including incorrect recipient identifiers;
delays, failures, or interruptions caused by blockchain networks, banks, payment rails, or other third parties beyond our reasonable control;
market volatility, price fluctuations, or changes in exchange rates;
unauthorized access to your Account as a result of your failure to comply with the security obligations under these Terms;
actions taken by us in good faith to comply with legal, regulatory, or compliance requirements by authorities.

10.3 Limitation of Liability

To the extent permitted by applicable law, our total aggregate liability to you arising out of or in connection with the Services or these Terms (whether in contract, tort, or otherwise) shall be limited to the lesser of:
(a) the amount of fees paid by you to us in the twelve (12) months prior to the event giving rise to the claim; or (b) any other amount that may be required under applicable law.

We are not liable for losses arising from the correct execution of a transaction based on instructions or identifiers provided by you, even if those instructions later prove to be incorrect, provided that we have acted in accordance with these Terms.

Nothing in these Terms excludes or limits liability for:

death or personal injury caused by negligence;
fraud or fraudulent statement; or
any liability that cannot be excluded or limited under applicable law.

10.4 Compensation

You agree to indemnify and hold harmless Digital Finance (Bahamas) Ltd., its directors, officers, employees, agents, affiliates, and service providers from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

your breach of these Terms;
your use or misuse of the Services;
your violation of applicable laws or regulatory requirements;
any instructions, transactions, or activities carried out through your Account.

This indemnification applies to the extent permitted by applicable law and survives the termination of these Terms.

‍

10.5 Force Majeure

We are not responsible for any delay or failure to perform our obligations under these Terms when such delay or failure results from events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, failures of utilities or communications networks, failures of the banking system, interruptions of blockchain networks, or failures of third-party service providers.

When a force majeure event occurs, we will take reasonable steps to resume compliance as soon as practicable.

‍

11. SUSPENSION, RESTRICTION, AND TERMINATION

‍

11.1 Suspension of Services

We may suspend your access to some or all of the Services, with or without notice, when required by applicable law or when we reasonably believe that such action is necessary to:

comply with legal, regulatory, or compliance obligations on the part of authorities;
protect the security or integrity of the CiNKO Platform or Services;
address suspected unauthorized, fraudulent, or illegal activity;
investigate a possible breach of these Terms; or
manage risks for us, other users, or third parties.

Where reasonably practicable and lawful, we will notify you of a suspension and the reasons for it.

‍

11.2 Restriction or Freezing of Assets

We may restrict, withhold, or freeze access to digital assets or funds in your Account when required by applicable law or when we reasonably believe such action is necessary in connection with:

compliance or verification checks;
investigations into suspected fraud, misuse, or illegal activity;
pending transactions, reversals, or chargebacks;
court orders or instructions from competent authorities.

Any restriction or freeze will be maintained only for as long as is reasonably necessary to address the relevant issue, subject to applicable law.

‍

11.3 Termination by the Customer

You may terminate these Terms and close your Account at any time by following the procedures made available through the CiNKO Platform or by contacting customer support, subject to applicable legal or regulatory requirements.

You may not close your Account to evade an investigation or enforcement process. When an investigation or legal obligation is ongoing, we may delay the closure or restrict access to your Account until the matter is resolved.

‍

11.4 Termination by the Company

We may terminate these Terms and close your Account, with or without notice where permitted by law, if:

you breach these Terms or applicable laws;
we are unable to verify the required information related to you or your transactions;
we reasonably believe that your use of the Services presents a legal, regulatory, or reputational risk;
we are required to do so by applicable law, regulation, or competent authority; or
we discontinue the Services or a relevant part of the Services.

Where reasonably practicable and lawful, we will provide you with notice of termination.

‍

11.5 Consequences of Termination

After the termination or closure of your Account:

your access to the Services will be terminated;
any pending transaction instructions may be canceled;
You will remain liable for all obligations, fees, and responsibilities incurred prior to termination.

If your Account has a remaining balance at the time of closure, you may be required to withdraw your funds within a reasonable time frame and in accordance with applicable procedures, verification requirements, and legal obligations. When termination is a result of suspected fraud or illegal activity, we may withhold or restrict funds as required by applicable law.

We may retain records relating to your Account and transactions for the period required by applicable law and regulatory requirements.

‍

11.6 Continuation of Obligations

The termination of these Terms does not affect any right or obligation that, by its nature, is intended to survive termination, including provisions relating to fees, liability, indemnification, record retention, dispute resolution, and compliance with applicable law.

‍

12. COMPLAINTS AND DISPUTE RESOLUTION

‍

12.1 Complaints

We take complaints seriously. Any complaints related to the Services, your Account, or transactions made through the CiNKO Platform must be submitted to us through the customer support channels made available on the CiNKO Platform or on our website. You must clearly indicate that you wish to file a complaint to help us distinguish it from a general inquiry.

‍

12.2 Dispute Resolution

If a complaint cannot be resolved through our complaints process, the matter will be dealt with in accordance with the applicable law and jurisdiction provisions set out in these Terms, without prejudice to any rights you may have under applicable law to raise the matter with a competent authority.

‍

13. DATA PROTECTION, CONFIDENTIALITY, AND DISCLOSURES

‍

13.1 Processing of Personal Data

The processing of your personal data is governed by these Terms, the applicable specific terms of service, and our Privacy Policy, which describes how we collect, use, store, and disclose personal data in connection with the Services.

By using the Services, you acknowledge that we may process personal data as necessary to provide the Services, comply with legal and regulatory obligations, manage risks, prevent fraud, and develop or improve our products and services, in accordance with applicable data protection laws.

‍

13.2 Confidential Information

We treat your personal data and confidential information with appropriate care and will only use or disclose such information to the extent permitted by these Terms, our Privacy Policy, or applicable law.

You acknowledge that information related to your Account, transactions, and use of the Services may be accessed, processed, or stored by our affiliates and third-party service providers acting on our behalf, to the extent reasonably necessary to operate the Services, execute transactions, manage compliance and risk, or support our business operations, and subject to appropriate confidentiality and data protection obligations.

‍

13.3 Disclosure to Regulators and Authorities

We may disclose personal data, account information, transaction data, and related records to regulators, law enforcement agencies, courts, or other competent authorities when required or permitted by applicable law, regulation, court order, or regulatory request.

Such disclosures may be made without notification to you when notification is prohibited by law or would interfere with an investigation, enforcement action, or regulatory obligation.

‍

14. APPLICABLE LAW AND JURISDICTION

These Terms and any dispute or claim arising out of or in connection with them, the Services, or your Account shall be governed by and construed in accordance with the laws of the Commonwealth of the Bahamas.

The courts of the Commonwealth of The Bahamas shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Services, subject to any mandatory rights you may have under applicable law.

‍

15. CHANGES TO THESE TERMS

We may modify these Terms from time to time to reflect changes in the Services, applicable laws or regulations, or our business operations.

The updated Terms will be made available through the CiNKO Platform or our website. Where required by applicable law, we will provide notice of material changes before they take effect. Your continued use of the Services after any changes take effect constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you must stop using the Services and close your Account.

‍

16. NOTIFICATIONS AND COMMUNICATIONS

We may communicate with you electronically via the CiNKO Platform, by email, or using other contact details you have provided to us. Such communications shall be deemed to have been received when they are sent or made available via the Platform.

You are responsible for keeping your contact information up to date to ensure that you receive important notifications related to the Services or these Terms.

‍

17. ASSIGNMENT AND TRANSFER

You may not assign, transfer, or otherwise dispose of any of your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms, including to an affiliate or in connection with a merger, reorganization, or sale of assets, provided that such assignment does not materially reduce your rights under these Terms.

‍

18. ENTIRE AGREEMENT AND MISCELLANEOUS

These Terms, together with any annexes, disclosures, or service-specific terms referred to herein, constitute the entire agreement between you and us in relation to the Services and supersede any prior agreement or understanding.

If any provision of these Terms is deemed invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

‍

APPENDICES

APPENDIX 1 – CUSTODY APPENDIX

(Digital Asset Custody – Compliance with Section 18 of the DARE Act)

This Custody Addendum forms an integral part of, and should be read in conjunction with, the Terms and Conditions. Capitalized terms not defined in this Addendum shall have the meanings given to them in the Terms.

‍

1. Nature of the Custodial Relationship

We provide custody services in connection with your use of the CiNKO Platform, including holding and safeguarding eligible digital assets on your behalf to enable transactions and related services.

Custody services are provided on a non-fiduciary basis and do not constitute a trust, unless otherwise provided by applicable law. Nothing in this Annex creates a partnership, trust, or agency relationship between you and us.

Custody services are ancillary to, and integrated with, the operation of the CiNKO digital wallet and related payment and digital asset services.

‍

2. Designation and Scope of Custody

By accepting the Terms and maintaining a balance in your Account, you appoint us to hold and safeguard supported digital assets on your behalf in accordance with the Terms and this Custody Addendum.

Custody services are provided only with respect to:

digital assets supported by the CiNKO Platform from time to time; and
customers who have met the applicable eligibility, verification, and regulatory requirements.

We do not provide custody services for non-admitted assets or assets held outside the CiNKO Platform.

‍

3. Ownership, Title, and Beneficial Interest

You retain full legal, beneficial, and equitable ownership of all digital assets held in custody on your behalf at all times.

Digital assets held in custody:

remain your property;
are not our assets; and
are not intended to form part of our estate in the event of insolvency, unless required by applicable law.

Nothing in the Terms or this Addendum transfers ownership, title, or beneficial interest in your digital assets to us.

‍

4. Segregation and Safeguarding of Digital Assets

Segregation is achieved through a combination of:

wallet architecture; and
internal systems, controls, and records that accurately attribute each customer's entitlement at all times.

Segregation does not necessarily require a separate on-chain wallet for each customer.

‍

5. Wallet Structure and Key Management

Digital assets held in custody can be stored using different wallet structures depending on the asset type, network, and operational requirements.

‍

5.1 Omnibus Custody (Current Model)

Certain supported digital assets, including stablecoins, are held under omnibus custody arrangements, where assets belonging to multiple clients are pooled into shared wallets.

Although assets are grouped on-chain:

each client's entitlement is recorded in internal books and allocation records; and
The grouping does not affect the customer's property rights.

You acknowledge and consent to the use of omnibus custody arrangements for applicable assets.

‍

5.2 Individual Deposit Addresses and Operational Sweeps

One or more individual deposit addresses or vaults may be assigned to you for operational, tracking, or network-specific purposes. Assets received at such addresses may be "swept" into omnibus wallets for operational reasons, including liquidity management, settlement, or cross-chain functionality.

‍

5.3 Future Custody Models

Other types of assets may, in the future, be held in individually segregated wallets or vaults. Custody structures may vary depending on the asset, service, or product.

‍

6. Standard of Care and Security Controls

We exercise reasonable care, skill, and diligence in providing custodial services, in accordance with:

applicable laws and regulatory requirements; and
generally accepted industry standards for regulated digital asset custodians.

Security measures may include administrative, technical, and operational controls designed to protect digital assets from unauthorized access, loss, or misuse.

No custody system is completely risk-free.

‍

7. Use or Non-Use of Customer Digital Assets

We do not use, lend, stake, pledge, collateralize, rehypothecate, or otherwise dispose of digital assets held in custody on our own behalf or for the benefit of third parties, except:

when expressly permitted under the Terms or this Addendum; or
with your explicit and informed consent, when required by applicable law.

Any permitted use and associated risks shall be clearly disclosed before such use occurs.

‍

8. Deposits, Withdrawals, and Transfers

We will act on duly authorized instructions relating to digital assets held in custody, subject to:

verification and security procedures;
transaction limits;
compliance controls; and
technical or network restrictions.

Transactions involving digital assets may be irreversible once executed. You are responsible for ensuring that all instructions and destination details are correct.

‍

9. Forks, Airdrops, and Network Events

Blockchain networks may experience forks, upgrades, airdrops, or other events that affect digital assets.

We do not guarantee support for any specific fork, airdrop, or network event, unless expressly stated. How such events are handled will depend on technical feasibility, legal considerations, and risk assessments.

‍

10. Treatment in Case of Insolvency or Bankruptcy

Digital assets held in custody are intended to be insolvency-remote and segregated from our own assets in accordance with applicable law.

When assets are held in omnibus custody:

recovery may depend on the accuracy of our records and the application of applicable insolvency laws; and
There may be delays or costs associated with identifying and returning customer assets.

You acknowledge and accept these risks.

‍

11. Specific Custody Liability and Exclusions

To the extent permitted by law, we are not liable for losses arising from:

blockchain network failures or protocol events;
third-party infrastructure failures;
force majeure events; or
circumstances beyond our reasonable control.

Nothing in this Annex limits liability that cannot be excluded under applicable law.

‍

12. Termination of Custody Services

Custody services may terminate:

upon closing your Account;
upon expiration of the Terms; or
when required by applicable law or regulatory obligation.

The termination of custody services does not affect your ownership of the digital assets.

‍

13. Return of Digital Assets

Upon termination of custody services and subject to applicable law, compliance requirements, and outstanding obligations, you may withdraw your remaining digital assets within a reasonable period using the procedures available through the CiNKO Platform.

When withdrawal is not immediately possible, we will take reasonable steps to facilitate the return of assets in accordance with applicable law.

‍

14. Regulatory and Legal Disclosures

Custody services are provided by Digital Finance (Bahamas) Ltd. as a regulated digital asset business.

We may take necessary measures to comply with legal, regulatory, or supervisory obligations, including restrictions, freezes, or disclosures to competent authorities, without incurring liability to the extent permitted by law.

‍

APPENDIX 2 – APPENDIX OF COMMISSIONS

‍

1. General Description

This Annex sets forth information regarding fees, charges, and transaction limits applicable to the Services.

Transaction fees and limits may vary depending on factors including the type of Service used, the digital asset or currency involved, the blockchain network or payment rail, the size of the transaction, and applicable operational or regulatory restrictions.

All fees and limits are expressed in US dollars (USD), unless otherwise stated.

‍

2. Maximum Account Balance

The maximum aggregate balance that may be held in a CiNKO Account at any time is currently subject to a maximum limit (cap), as disclosed through the CiNKO Platform and our Frequently Asked Questions (FAQs). This limit may vary depending on verification status, jurisdiction, and risk assessments.

‍

3. Fees and Limits by Type of Service

Information regarding applicable fees and transaction limits for the Services, including, without limitation:

incoming and outgoing transfers of digital assets;
supported blockchain networks;
person-to-person (P2P) transfers;
bank transfers (including ACH and wire transfers);
third-party services and integrations (such as money transfer partners); and
transaction limits, daily or cumulative (rolling),

is available through the CiNKO Platform and our FAQs, currently accessible at:
https://help.cinko.io/en/articles/8519789-fees-and-limits

This information is part of the contractual disclosure of fees and limits applicable to the Services and should be read in conjunction with these Terms.

‍

4. Daily Limits and Calculation Method

When daily limits apply, they are calculated on a rolling 24-hour basis, according to the local time zone associated with your Account or wallet, as described on the CiNKO Platform or in the FAQs.

‍

5. Changes to Fees and Limits

We may update fees, charges, transaction limits, or applicable maximum limits from time to time to reflect changes in:

the Services or supported features;
network or third-party provider costs;
market conditions or liquidity;
legal or regulatory requirements; or
risk management considerations.

Where required by applicable law, we will provide prior notice of material changes. Otherwise, updates will take effect upon publication.

We will communicate changes as soon as reasonably practicable through one or more of the following channels:

the CiNKO Platform (including in-app notifications);
our FAQs or help pages;
email address or other contact details associated with your Account.

Your continued use of the Services after the updated fees or limits take effect constitutes your acceptance of such changes.

‍

6. Priority of Documents

In the event of any inconsistency between this Annex and the information presented in the FAQs or on the CiNKO Platform, this Annex shall prevail, except to the extent that applicable law provides otherwise.

‍

7. Third-Party Commissions

Certain Services may involve fees charged by third-party providers (including blockchain networks, banks, or payment processors). Such fees may be passed on to you and will be disclosed through the CiNKO Platform or prior to transaction confirmation, where practicable.