Legal Terms

Preamble

These Terms of Service constitute the entire agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them via the Site, between us, Diment (“DC”) and you as a Customer. Users of the Site are subject to the terms and conditions listed below (collectively, these "Terms of Service"). To find out which clauses apply to you, carefully read these terms of service. Please read the Privacy Policy and the Cookies Policy in addition to these Terms of Service. The user (referred to as “you” or “your”) understands these Terms of Service are part of the contract for using any of the services, features, functions, or offerings made from time to time on the Site (collectively or individually, the “Services”) (each of you and one of the following entities named in (a) or (b) being a “Party” and collectively, the “Parties”).

The following documents are incorporated into these Terms of Service by reference: the Risk Disclosure Statement; the Privacy Policy; and the Fees Schedule . bIf there is any conflict or inconsistency between these Terms of Service and any other content on the website, including pages, policies, terms, conditions, licenses, limitations, or obligations, these Terms of Service will take precedence.

Make sure to review the Terms of Service alongside the Privacy Policy and the Cookies Policy. It's important to be aware that any digital token transactions conducted on or off the website may be subject to fees established and periodically updated by DC, as outlined in the Fees Schedule. With confirmation of the checkbox regarding the Terms of Service you acknowledge that you have read, comprehended, and fully accepted these Terms of Service. If you do not consent to abide by these Terms of Service or any subsequent changes, updates, or amendments, as outlined below, you are not permitted to use any of the Services. These Terms of Service can be modified, altered, or updated by DC at any time with a prior notice to you of at least 4 weeks. Due to a change in the market situation, the legal conditions, supreme court rulings and changed circumstances or if a clause in the previous Terms of Service has been declared invalid, DC may be faced with the necessity to completely or partially rewrite its Terms of Service during the duration of existing contracts. DC will expressly draw your attention to the new version and make the amended text available to you. DC will emphasize the new version or explain it to you. DC grants you a right of objection and termination of the contract if you do not agree with the amended version of the Terms of Service. However, in the event of an objection, DC has a special right of termination of the contract with you with immediate effect. You will be given a reasonable period of time to submit a declaration. DC regards the continuation of the contractual relationship by you without objection after receipt of the notice as your implied consent to the amendment, change or update of the Terms of Service after expiry of the declaration period. In this case, the modified version will take effect from the date indicated. It's advisable to regularly check the Site to ensure that your copy and understanding of these Terms of Service are up to date and accurate. The use of the Site and any Services is prohibited where such use violates applicable laws, incurs penalties, or is considered unlawful.

GENERAL INFORMATION ABOUT OUR AGREEMENT

1. About Diment Tokens; General Restrictions; Forks:

Diment Tokens are supported by Diment's Reserves, which include fiat currencies and diamonds, but they are not fiat themselves. When Diment Tokens are issued, only traditional currencies will be accepted as payment, not digital tokens like Bitcoin, for example. To have Diment Tokens issued or redeemed directly by DC, you must be a verified customer of DC, and no exceptions will be made to this rule. The right to have Diment Tokens redeemed or issued is a contractual right specific to you. This means that it is your authorization resulting from the individual conclusion of the contract, which you receive exclusively and which is not transferable to third parties. DC reserves the right to delay the redemption or withdrawal of Diment Tokens if necessary due to the illiquidity, unavailability, or loss of any Reserves held by DC to back the Diment Tokens. Additionally, Diment reserves the right to redeem Diment Tokens by providing securities and other assets held in the Reserves. DC does not provide any guarantees or assurances regarding whether Diment Tokens, which may be traded on the Site, will continue to be traded on the Site in the future. Diment Tokens are generated on various decentralized and open source blockchains and protocols. Occasionally, these blockchains and protocols may undergo an event known as a 'fork,' leading to the creation of an alternative version of the blockchain or protocol. When forks happen, it's possible for multiple versions of a Digital Token associated with that blockchain or protocol to emerge, such as one for each fork. Given the nature of Diment Tokens, if a fork results in the creation of two or more Digital Tokens, each claiming to be a Diment Token, only one of these Digital Tokens can be considered a genuine Diment Token. Consequently, in the event of a fork, only the Digital Tokens on the specific blockchain or protocol that DC officially designates and supports on its website will be recognized as Diment Tokens. Any other Digital Tokens arising from the fork will not be considered Diment Tokens. DC is not bound to endorse any specific blockchain, protocol, forked version, or Digital Tokens arising from a blockchain fork. In the event of a fork on a blockchain where Diment Tokens are in use, Diment may choose to temporarily or indefinitely suspend its Services with prior notice. The decision to support a particular blockchain or protocol, or to discontinue support for any version of a given blockchain or protocol, will be made at the sole discretion of DC. If DC decides to stop supporting a specific blockchain or protocol, you are responsible for taking any necessary steps to transfer your Diment Tokens to a supported blockchain or protocol, as specified by DC. In this case, you will be provided with corresponding instructions for data migration and our Support Team will help you at any time. DC will inform you in good time so that you have enough time to migrate your data. DC holds no liability or responsibility for any consequences resulting from your failure to carry out this migration of your Diment Tokens to another blockchain or protocol endorsed by DC. Diment takes no responsibility for any losses or issues that may occur due to DC's choice to support or not support a particular blockchain, protocol, forked version, or Digital Tokens originating from a blockchain fork. Additionally, there is the potential for third parties to develop Digital Tokens that assert to be an alternate version of Diment Tokens, possibly through methods like 'wrapping' or 'bridging' Diment Tokens. It's important to note that these Digital Tokens do not qualify as Diment Tokens. They have not been issued or endorsed by DC and cannot be redeemed through DC.

2. License to Use the Site:

If you adhere to these Terms of Service, DC provides you with a limited authorization to use the Site and its Services. This authorization is personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, and subject to the limitations and responsibilities outlined in these Terms of Service. These Terms of Service do not grant you any other license, right, title, or ownership over the Site, Services, Copyrights, or Marks, except as specified in this paragraph. The Site may, at its sole discretion, suspend or terminate the Services provided to you, your Digital Tokens Wallet, or any of your Digital Tokens Addresses when required by applicable laws or when Diment determines that you have violated, breached, or acted inconsistently with any of these Terms of Service.

3. Eligibility

3.1 Eligibility criteria

To be eligible to register for a DC Account and use the DC Services, you must:

a. be an individual, corporation, legal person, entity or other organization with the full power, authority and capacity to (1) access and use the DC Services; and (2) enter into and comply with your obligations under these Terms as defined in 10.1. and 10.2.; b. if you are an individual, be at least 18 years old; c. if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorized to act on behalf of and bind such legal entity for the purposes of entering into these Terms; d. have not been previously suspended or removed from using DC Services; e. not be a Restricted Person; f. not currently have an existing DC Account; and g. not be located, incorporated, otherwise established in, a citizen of, or resident of, or have business operations in a jurisdiction where it would be illegal under Applicable Law for you to access or use the DC Services, or cause us or any third party to contravene any Applicable Law; or

i. Persons domiciled or ordinarily resident in, certain nationals of, or the Governments or Government Officials of Prohibited Jurisdictions and Countries (Central African Republic, Iran, Iraq, Lebanon, Libya, North Korea, Somalia, South Sudan, Yemen, Congo, Mali.); ii. You have violated; been fined, debarred, sanctioned, you are the subject of Economic Sanctions-related restrictions, or otherwise penalized under, received any oral or written notice from any Government concerning actual or possible violation by you under; or received any other report that you are the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under, any applicable Laws, including AML Laws, CTF Laws, Anti-Corruption Laws, or Economic Sanctions Laws; iii. any Person that resides, is located, has a place of business, or conducts business in the State of New York; iv. U.S. Persons; and v. Canadian Persons.

Any individual classified as a U.S. Person and any entity meeting the U.S. Person criteria are not allowed to use the Site or any Services, which includes, but is not limited to, the use of a Digital Tokens Wallet on the Site. To clarify, U.S. Persons (including United States Citizens or United States Residents) are explicitly prohibited from accessing the Site or utilizing any Services. Furthermore, if you do not fall under the U.S. Person category, and your account wouldn't typically be categorized as a U.S. Account, but DC becomes aware or has reasonable grounds to suspect that you are conducting transactions involving Fiat or Digital Tokens with, through, or at a U.S. Financial Institution to enable the provision of Services to you, you may be considered a U.S. customer of DC and could be prohibited from accessing the Site or utilizing any Services, as determined solely by DC.

3.2 Amending our eligibility criteria

We reserve the right to modify our eligibility criteria at any time, based on our sole discretion. When feasible, we will provide prior notice of such changes at least 4 weeks in advance. However, there may be surprising instances where we must make changes and give you notification without lead time, including:

a. When the change is necessitated by legal or regulatory requirements; b. When the changes are made for your benefit; c. When there is a valid reason that precludes us from providing advance notice.

In cases where advance notice is not possible, what DC does not assume, we will inform you about the change immediately.

4. Risks and Limitation of Liability

This paragraph is part of the Risk Disclosure Statement. Trading in Digital Tokens involves significant volatility, with rapid fluctuations in price, liquidity, market depth, and trading dynamics. Additionally, Digital Tokens are exposed to cybersecurity risks, including the potential for cyberattacks or breaches.

You bear sole responsibility and liability for all activities, both trading and non-trading, conducted on the Site and within your Digital Tokens Wallet on the Site. It is also your responsibility to ensure that you have an accurate understanding of the status of your Diment Tokens on the Site, even in cases where the Site may display this information incorrectly.

You explicitly acknowledge and agree to the following:

(i) You are fully accountable and liable for your actions and inactions, whether related to trading or other activities on the Site, and for any profits and losses resulting from your use of the Site and its Services. (ii) You are responsible for securing access to the Site and any information you provide through it, including but not limited to your Digital Tokens Wallet, Digital Tokens Address, private keys, usernames, passwords, and bank account details. (iii) DC holds no control or liability for products or services bought or sold by third parties using the Site and its Services. Digital Tokens within a specific wallet or address are controlled by your private key and can be lost or stolen, rendering them unrecoverable if the private key is compromised or lost.

You also acknowledge and agree that DC is not responsible for losses or complications arising from third-party transactions, including but not limited to issues related to legality, quality, delivery, or satisfaction with products purchased via Digital Token transfers. If you encounter any dissatisfaction with goods or services purchased from or sold to a third party through the Services, you must address those concerns directly with the relevant third-party seller or buyer.

Digital Tokens may be compatible with third-party software or other technologies provided by external parties. DC does not assure the security or functionality of third-party software or technology and does not accept liability for Digital Token losses due to the failure or malfunction of such third-party software or technology.

5. Fees

You acknowledge and accept the responsibility to cover all relevant fees associated with your utilization of the DIMENT Services, as specified on the Fee Structure page on our website. You grant us the authorization to deduct all applicable fees, commissions, interest, charges, and other amounts owed by you from your DC Account as per these Terms or any Product Terms, outlined on our Fee Structure page.

We may adjust our fees from time to time and will give you notice in advance.

6. Account security

You have the responsibility to take suitable measures to safeguard your hardware and data against viruses, malicious software, and any inappropriate content. With the exception of what is mandated by Applicable Law, it's your duty to create backups and manage duplicate copies of any data you store or transmit through the DC Services. Any claims or losses resulting from your non-compliance with this provision are not our responsibility. At all times, you must maintain robust security measures and control over all your Access IDs. It is your responsibility to take necessary security precautions (or ensure that your Permitted Users do so) to safeguard your DC Account and keep your Access ID secure, including by:

a. Strictly adhering to all our mechanisms and procedures according to our instructions; b. Creating a strong password and maintaining security and control over your Access IDs; c. Keeping your provided Email Account and telephone number up to date to receive any notifications or alerts we may send you; d. Never permitting remote access or sharing your computer and/or screen when logged into your DC Account; e. Remembering that, under no circumstances, will we request you to disclose your passwords or 2-factor authentication codes; f. Logging out from the Sites or the Platform at the end of each session.

You are responsible for securing your Email Account and Access IDs against potential attacks and unauthorized access. If you become aware or have reason to suspect that the security of your Email Account, or that of a Permitted User, has been compromised or if there has been any unauthorized use of your or any Permitted User’s Email Account, you must promptly notify us.

If you have reason to suspect a Security Breach, you must ensure that:

a. We are notified immediately using the contact information, and you continue to provide us with accurate and current information throughout the entire duration of the Security Breach; b. Your DC Account is promptly locked through the "disable account" function on the Site by reporting to us; c. You take any other actions that we may reasonably request to mitigate, handle, or report the Security Breach.

We retain the right to request, and you agree to provide, any and all information and documents that we deem relevant or necessary concerning an actual or suspected Security Breach. Furthermore, we may share such information with any third party that we believe is necessary to address and resolve the Security Breach.

7. Prohibited Uses: You may not:

Engaging in any use, whether actual or suspected, as described in this section will be considered a "Prohibited Use." If DC determines that you have engaged in a Prohibited Use, it may take appropriate actions, at its sole discretion, including reporting to authorities, confiscation of assets, and suspension or termination of your access to Services. DC may also seize and deliver your property in form of tokens to the authorities, if circumstances warrant it. Additionally, if your actions result in economic costs to DC, you may be required to compensate Diment, including taxes or penalties imposed.

7.1. Do not breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to, any Product Terms; 7.2 Do not utilize the Site or any of its Services to conceal the source or nature of illegal proceeds or to further any violations of relevant laws. Also, refrain from conducting transactions involving prohibited Digital Tokens, Fiat, funds, property, or earnings. Do not use Diment Services in a manner that violates public interests, public morals, or the legitimate interests of others. Do not engage in fraudulent activities or cause us to suspect that you or any Permitted User have engaged in fraudulent activities and/or Transactions. 7.2. Refrain from using the Site or its Services if doing so would contravene any applicable laws, including, but not limited to, Anti-Money Laundering (AML) Laws, Counter-Terrorism Financing (CTF) Laws, Anti-Corruption Laws, or Economic Sanctions Laws, which could lead to penalties or legal liability for the Site. 7.3. Do not employ the Site, its Services, or any financial services from a U.S. Financial Institution (whether affiliated with DC or not) to aid or abet the violation of any applicable laws, including, but not limited to, AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws. 7.4. Avoid using the Site and its Services to evade taxes, whether under the laws of the United States, or any other jurisdiction applicable to you or the Site. 7.5. Only use the Site and its Services with legally obtained Fiat, funds, keys, property, or Digital Tokens that belong to you. 7.6. Do not use the Site and its Services to interfere with the rights or obligations of DC, other Site users, or third parties, or to cause legal liabilities for Diment or other Site users. Do not use Diment Services for resale or commercial purposes, including transactions on behalf of other persons or entities. 7.7. Do not take advantage of any technical glitches, malfunctions, failures, delays, defaults, or security breaches on the Site. Do not facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information in connection with the DC Services. 7.8. Refrain from using the Site and its Services to engage in conduct that is harmful to DC, other Site users, or third parties. Do not

(i) Employ deep linking, web crawlers, bots, spiders, or any other automated devices, programs, scripts, algorithms, or methods, or any analogous manual processes to gain access to, retrieve, copy, or monitor any portion of the Platform. Moreover, you must not replicate or circumvent the navigational structure or presentation of DC Services in any manner with the intent to obtain or endeavor to obtain materials, documents, or information in any way that is not intentionally made available through DC Services; (ii) Make an effort to gain access to any section or feature of the Platform without proper authorization or establish connections to DC Services, our servers, or any other systems or networks associated with any DC Services provided via the Platform through hacking, password mining, or any other unlawful or prohibited methods; (iii) Probe, scan, or assess the vulnerabilities of DC Services or any network linked to the Platform, or breach any security or authentication measures on DC Services or any network connected to DC Services; (iv) Engage in actions that place an unreasonable or disproportionately substantial burden on the infrastructure of DC Services or DC systems, or the infrastructure of any networks connected to DC Services; (v) Utilize any devices, software, or routine programs to disrupt the normal operation of DC Services or any transactions on DC Services, or interfere with any other person's utilization of DC Services; (vi) Forge headers, impersonate, or manipulate identification in order to conceal your identity or the source of any messages or transmissions you transmit to us.

7.9. Do not use the Site and its Services to engage in wash trading, spoofing, fictitious trading, price manipulation, including, without limitation, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, spoofing or layering, or any activities that disrupt fair market trading, regardless of whether prohibited by Applicable Law. 7.10. Avoid falsifying account information, Digital Tokens Wallets, or Digital Tokens Addresses, impersonating others, or providing misleading information. 7.11. Do not provide false, misleading, or omitted information when requested by DC, whether during registration or while receiving Services. 7.12. Do not attempt to harm DC or any third party through your use of the Site and its Services. 7.13. Do not create multiple accounts or Digital Tokens Wallets on the Site, or use throwaway Digital Tokens Wallets, as these may be terminated or suspended at the discretion of DC. 7.14. If you are subject to prohibitions or restrictions as outlined in paragraph 3, do not access the Site or use its Services using a virtual private network (VPN), proxy service, or any other method to conceal your IP address or location. Also, do not use a Digital Tokens Address located in a Prohibited Jurisdiction or connected to a government or Government Official in such a jurisdiction. Do not use an anonymizing proxy; use any temporary, disposable, self-destructive, or similar email address when opening a DC Account and/or using the DC Services; use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Sites or the DC Services; and take any action that may cause us to lose any of the services from our internet service providers, or other suppliers. 7.15. Do not violate, aid in violating, or conspire or attempt to violate these Terms of Service or any applicable laws. 7.16 Do not use DC Services to conduct lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance.Formularbeginn

8. Due Diligence, Anti-Money Laundering and Counter-Terrorist Financing:

DC is dedicated to offering secure, compliant, and trustworthy services for the identification, detection, prevention, and reporting of money laundering, terrorist financing, and other illicit activities, as mandated by relevant Anti-Money Laundering (AML) Laws, Counter-Terrorist Financing (CTF) Laws, Anti-Corruption Laws, and Economic Sanctions Laws. As a result, DC places a strong emphasis on the rigorous and comprehensive implementation of a user due diligence process, coupled with continuous analysis and reporting.

8.1 By agreeing to these Terms of Service, you shall affirmatively certify that (i) you do not qualify as a U.S. Person, or your account would be classified as a U.S. Account; (ii) you are not a Canadian Person, or (iii) you are neither a U.S. Person nor a Canadian Person, and your account would not be considered a U.S. Account. You must promptly provide all necessary information as requested to meet due diligence requirements and compliance policies or procedures in accordance with relevant laws and Diment's standards. Moreover, DC may evaluate whether you intend to perform transactions involving deposits, withdrawals, or transfers of Fiat or Digital Tokens with any U.S. Financial Institution to enable the provision of our services. If applicable, you must supply all required information to comply with due diligence obligations as stipulated by applicable laws and DC's compliance protocols. You commit to supplying any documentation, information, or records requested by DC promptly, which may include self-certifications to certify your tax residence and status under FATCA and CRS, or other relevant laws. This information may encompass self-certifications related to Controlling Persons, among other things. DC is obligated to retain specific information, documentation, and records as per the requirements of relevant laws and contractual agreements. DC expressly reserves the right to retain such information, documentation, and records. Diment may, at its sole discretion and based on the documentation, information, or records available, determine your status as a customer of DC. Any such determination will be communicated to you. 8.2 Furthermore, Diment conducts surveillance to identify and evaluate potentially suspicious or sanctionable transactions in accordance with relevant Anti-Money Laundering (AML), Anti-Corruption, and Economic Sanctions Laws. Diment is also obligated to make mandatory reports to international regulatory bodies. These obligations remain in effect even if you decide to suspend or terminate your association with Diment or withdraw your application for a Digital Tokens Wallet with Diment. Our policies are applicable to all Digital Tokens, Fiat, and other assets or property involved in transactions on or through the website by you, your Affiliates, or any associates of DC. 8.3 DC retains the prerogative to decline registration, prohibit transactions to or from, or suspend or terminate the management of Services, Digital Tokens Addresses, or Digital Tokens Wallets for any user, for any reason (or for no reason) at any time, within the boundaries set by relevant laws. Without delimiting the scope of the above, this encompasses, but is not restricted to, any transfer, transaction, business engagement, or interaction involving:

(i) Individuals subject to sanctions, (ii) Individuals originating from or located in jurisdictions that do not conform to international AML–CTF standards (including jurisdictions identified by the FATF as high-risk, non-cooperative, or strategically deficient, or jurisdictions under increased scrutiny, including but not limited to Albania, Barbados, Burkina Faso, Cambodia, Haiti, Jamaica, Panama, Senegal, South Sudan, Turkey, Uganda, United Arab Emirates, and Yemen), for further clarification here is the list: Central African Republic, Iran, Iraq, Lebanon, Libya, North Korea, Somalia, South Sudan, Yemen, Congo, Mali. (iii) Individuals categorized as Government Officials or Politically Exposed Persons, as defined by the FATF's 40 Recommendations, (iv) Individuals posing a risk of incurring penalties, sanctions, or other liabilities under AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, or applicable tax Laws, (v) Individuals determined by Diment to be in breach of these Terms of Service or relevant Laws while operating within the United States or any U.S. Territory or Insular Possession (whether directly or indirectly through any U.S. Financial Institution), or causing others, including any Associates, to contravene these regulations, (vi) Any individuals failing to meet Diment's user due diligence criteria, requests, or prerequisites, or those who appear to present a high-risk profile, including any of the above-mentioned factors.

In place of rejecting registration or continued management of your Digital Tokens Wallet, Diment may carry out more extensive due diligence procedures. You may be subject to heightened due diligence processes when using the Site and any Service at all times. If you decline to provide requested due diligence information or fail to respond in a timely and substantive manner with the requested documentation or data, the Site has the absolute discretion to promptly suspend or terminate Services to you.

9. Intellectual Property:

9.1 The trademarks, service marks, and trade names, which encompass both word marks and design marks (referred to as the "Marks"), are owned by DC. You consent not to appropriate, replicate, exhibit, or utilize the Marks or any other content without explicit, prior, written consent from DC or the third-party proprietor of the Marks. This includes, but is not limited to, usage as a domain name, as a social media profile/handle, on a website, in an advertisement, associated with a phone number, in connection with an email address, within Internet search results, in metadata or code, or in any other way. Unless explicitly stated otherwise, all materials on the Site are subject to copyright protection and are solely owned by DC ("Copyrights"). DC retains all rights to its Copyrights. You consent not to appropriate, replicate, exhibit, or utilize the Copyrights or any other content without obtaining explicit, prior, written consent from DC. 9.2 The Site and Services are the property of DC, its licensors, or other providers, and they are safeguarded by copyright, trademark, and various intellectual property or proprietary rights laws in different jurisdictions. All rights not expressly granted to you in these Terms are preserved by DC. Unless explicitly authorized by DC or its licensors, you shall not:

(a) Copy, modify, republish, duplicate, replicate, download, store distribute, or create derivative works or any copyright statement or label based on the Site or Service; (b) License, sublicense, rent, sell, resell, transfer, assign, distribute, or in any way commercially exploit or make the Site or Service available to any third party; (c) "Frame" or "mirror" the Site or Service on any other server or wireless or Internet-based device; (d) Reverse engineer or access the Site or its Services for the purpose of:

(i) Creating a competitive product or service, (ii) Developing or copying a product or service that uses similar ideas, features, functions, or graphics as the Site or Service.

(e) disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or licence, sub-licence, sell, mirror, design, rent, lease, private label, grant security interests in such DC IP or any part of the intellectual properties, or create derivative works or otherwise take advantage of any part of the DC IP.

10. Your Representations & Warranties:

You hereby represent and warrant to us, DC, at all times, the following: 10.1 you have full power, authority, and capacity to contract, access and use DC Services, enter into and deliver as well perform your obligations under these Terms and any agreement under applicable laws and if you are an individual user, you are 18 years of age or older; 10.2. that, if you are registering to use the Site on behalf of a legal entity, (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) you are duly authorized by such legal entity to act on its behalf; (iii) you will inform us immediately if the corporation is dissolved; 10.3 you have all required consents, permissions, authorizations, approvals, and agreements from third parties, as well as the necessary registrations, declarations, and filings with any Regulatory Authority, government department, commission, agency, or any other organization with jurisdiction over you, which are essential or beneficial for you to contract with us, access and use DC Services, engage in and complete the Transactions as envisaged within these Terms and any agreement established in line with or related to these Terms; 10.4. you acknowledge your awareness of the risks linked to using the Site, confirm that you are not subject to any prohibitions or restrictions outlined in paragraph 7 of these Terms, and affirm that you are not otherwise barred from using the Site under the provisions of applicable laws; 10.5. you commit not to utilize the Site or any Services with the intention of concealing or altering the source or characteristics of funds derived from illegal activities or terrorist financing, or assets that are blocked, frozen, economic resources, or linked to corruption involving any individual or government official, as stipulated by any applicable laws. Furthermore, you agree not to engage in activities that would promote a breach of relevant Anti-Money Laundering (AML) Laws or Counter-Terrorist Financing (CTF) Laws or deal in any illegal Digital Tokens, Fiat, property, funds, or proceeds; 10.6. that you are currently in compliance with, and must, at your own cost and expense, comply with all Laws that relate to or affect the Services conducted under these Terms of Service, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, or tax Laws, as well you consent to any and all tax information reporting; 10.7. You agree not to engage in trading or seek financing on the Site or use any Services with anything other than Fiat, funds, or Digital Tokens that have been lawfully acquired by you and are your rightful possession. 10.8. that you are not a Restricted Person as outlined in Paragraph 3 and you and your Affiliates commit not to utilize any Digital Tokens, Fiat, property, proceeds, or funds associated with the Site's Services, either directly or indirectly,

(i) owned or controlled by a Sanctioned Person; (ii) engaged in any transaction, transfer, or conduct, regardless of whether using or receiving the Services from any Digital Tokens Wallet or Digital Tokens Address, that is likely to lead to you or your Affiliates being categorized as a Sanctioned Person; or (iii) residing or domiciled in, or transferring Digital Tokens, Fiat, funds, or property to, from, or through any Digital Tokens Wallet, Digital Tokens Address, or other account in a Prohibited Jurisdiction or a Government or Government Official of a Prohibited Jurisdiction; (iv) on behalf of or for the benefit of a Sanctioned Person or any individual subject to the jurisdiction of a Prohibited Jurisdiction, except where authorized by Government Approval or not restricted by applicable Laws; (v) in contravention of, or prohibited, restricted, or penalized under applicable Economic Sanctions Laws; or (vi) in any manner that would infringe upon, be inconsistent with, penalized under, or lead to the omission of filing any required report under applicable Anti-Money Laundering (AML) Laws, Counter-Terrorist Financing (CTF) Laws, or Economic Sanctions Laws.

10.9. you and your Affiliates explicitly confirm that neither directly nor indirectly have offered, promised, given, or authorized any payment, or offered, promised, given, or authorized the giving of anything else of value, including any Digital Tokens, to a Government Official or an individual employed by another entity in the private sector, contravening any applicable Anti-Corruption Laws. 10.10. that you will not provide false information in any Digital Tokens Wallet registration or administration details provided to DC and you commit not to falsify or materially omit any information or provide misleading or inaccurate information requested by DC in connection with, directly or indirectly related to, or arising from your activities on the Site or use of any Services. This includes information provided during registration, administration, or other due diligence processes. Furthermore, you undertake to promptly provide corrected information to DC if any information previously provided becomes incorrect. 10.11. that instructions received or executed using your login credentials or from your authorized email address on record with DC are acknowledged as valid, binding, and conclusive. DC retains the right to act upon these instructions without incurring any liability or responsibility. 10.12. You agree to promptly and accurately inform DC if you become aware, or have reason to believe, that any of the aforementioned representations or warranties is no longer correct or has become incorrect.

11. No Representations & Warranties by DC:

11.1 DC does not provide any assurances, warranties, or guarantees of any kind to you. The Site and the Services are presented strictly in their current condition, without any specific representations regarding their merchantability or suitability for a particular purpose. Additionally, DC may offer access to features or services labeled as pre-release. It's important to note that such services are still in development, may contain bugs or errors, may lack certain features, could undergo significant changes before a full commercial launch, or may ultimately not be released commercially. 11.2 DC Services and any information provided on the Sites are offered on an "as is" and "as available" basis, without any representation or warranty, whether express or implied, to the fullest extent permitted by Applicable Law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. We do not assert that access to the Sites, any of your DC Account(s), DC Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. This may result in the inability to trade for a certain period and may also lead to time delays. Periodically, we may temporarily suspend access to your DC Account and/or the DC Services for scheduled and emergency maintenance. While we will exert reasonable efforts to process transactions on the Platform promptly, we do not provide any assurances or warranties regarding the specific duration required for processing. The processing time is subject to various factors beyond our control. We aim for an availability of at least 96 % on an annual average plus maintenance window. 11.3 Limitation of Liability: Except as explicitly outlined in these Terms of Service, DC disclaims any liability and assumes no responsibility for any claims, applications, losses, injuries, delays, accidents, costs, business interruption costs, or any other expenses (including, without limitation, attorneys' fees or the costs associated with any claim or suit). This includes but is not limited to incidental, direct, indirect, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively referred to herein as "Losses"), whether directly or indirectly arising out of or related to:

i. Any risk identified in the Risk Warning , as updated from time to time;

ii. The operation of the protocols underlying the Digital Asset, their functionality, security, or availability; iii. Whether DIMENT Dollars hold their value as against any asset, or if DC holds sufficient reserves in relation to DIMENT Dollars; iv. Any action or inaction in accordance with these Terms; v. Any inaccuracy, defect, or omission of Digital Assets price data, any error or delay in the transmission of such data, and interruption in any such data; vi. Regular or unscheduled maintenance we carry out, including any service interruption and change resulting from such maintenance; vii. The theft of a device enabled to access and use DC Services; viii. Other users’ actions, omissions, or breaches of these Terms, and any damage caused by actions of any other third parties; ix. (1) For any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack; (2) In the event that your hardware fails, is damaged or destroyed, or any records or data stored on your hardware are corrupted or lost for any reason; or (3) For your use of the internet to connect to the DC Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches, or any similar technical problems or defects experienced; x. Our decision to reject your application to open a DC Account(s); xi. Any termination, suspension, hold, or restriction of access to any DC Account or DC Services, including your inability to withdraw Digital Assets, issue Instructions, or enter into Transactions during the period of any suspension, hold, or restriction, in accordance with these Terms or any Product Terms; xii. Any Transaction limits applied to your DC Account; xiv. Us being unable to contact you using the contact information you provided; xvi. The failure of a Transaction or the length of time needed to complete any Transaction; xvii. Our reliance on any Instruction sent from your DC Account, or the Email Accounts; xix. Our refusal or delay in acting upon any Instruction; xx. Any breach of security of your Email Account or a Security Breach; xxi. Losses caused to you by third-party fraud or scams that involve DC only as the recipient of your Fiat Currency or Digital Assets, and/or the conversion of Fiat Currency to Digital Assets, and/or the transfer of Digital Assets away from our platform at your request; xxii. The correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing, or continued availability of the DC Services or for delays or omissions of the DC Services, or for the failure of any connection or communication service to provide or maintain your access to the DC Services, or for any interruption in or disruption of your access or any erroneous communications between us, regardless of cause; and xxiii. Any Transactions, Instructions, or operations effected by you or purported to be effected by you through your Email Account or DC Account; b. Any loss of business, profits, anticipated savings, or opportunities, or any special, punitive, aggravated, incidental, indirect, or consequential losses or damages, whether arising out of or in connection with our Sites, the Platform, your DC Account, the DC Services, these Terms, the Product Terms, the Privacy Notice, and/or any agreement entered into pursuant to, or in connection with, these Terms or otherwise, liability for consumers is capped at the amount of the contract value, as long as statutory provisions apply; and/or d. Any losses forming part of a Claim that has not been commenced by way of formal legal action WITHIN ONE CALENDAR YEAR of the matters giving rise to the Claim, except for consumers for whom the statutory limitation periods apply.

11.4 You agree to release the Associates from liability, except in case of gross negligence and wilful intent, for any and all Losses, and you shall indemnify, save, and hold the Associates harmless from and against all Losses. These limitations of liability apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Associates have been advised of or should have known the possibility of such losses and damages.

12. No Waiver:

DC's failure to exercise any of its rights, powers, or remedies under these Terms of Service, or any delay in doing so, does not constitute a waiver of any such right, power, or remedy. The exercise of any right, power, or remedy by DC, either in whole or in part, does not preclude the exercise of any other rights, powers, or remedies.

13. Force Majeure:

DC (or any bank, depository, or service provider where our deposit accounts are held or Reserves are handled) shall not be held responsible for damages resulting from delays or failures to fulfil obligations under these Terms of Service when such delays or failures are caused by factors such as fires, strikes, riots, embargoes, floods, bank failures, Digital Token market fluctuations or collapses, power outages, acts of God, acts of the state's enemies, lawful acts of public authorities, market movements, shifts, or volatility, computer, server, or Internet malfunctions, Internet disruptions, viruses, mechanical failures, power failures, communication failures, security breaches, cyber-attacks, criminal acts, delays or defaults caused by common carriers, acts or omissions of third parties, or any other delays, defaults, failures, or interruptions that cannot reasonably be foreseen or provided against or that are otherwise outside DC's control. In the event of force majeure, Diment is excused from any and all performance obligations, and these Terms of Service shall be fully and conclusively terminated.

14. CREATING A DC ACCOUNT

14.1 Identity verification: Before you can create a DC Account and use DC Services, you must adhere to our identity verification procedures. This involves providing us with accurate and complete information about yourself. It is essential to keep this information up to date. By agreeing to our terms, you grant us the authority to conduct inquiries, either directly or through third parties, to verify your identity. This is done to protect against fraud, money laundering, terrorist financing, or other financial crimes. We may take necessary actions based on the results of these inquiries. During these investigations, it's important to note that your personal may be shared with identity verification, compliance data recording, credit reference, fraud prevention, or financial crime agencies. These agencies may provide comprehensive responses to our inquiries.

For more details on how we handle your personal data, you can refer to our Privacy Notice.

We may request information from you at any point to adhere to applicable laws, fulfil identity verification obligations, or in relation to the identification of money laundering, terrorist financing, fraud, or other financial crimes, or for any valid reason. You consent to furnishing us with any requested information and authorize us to maintain a record of such information for the duration of your DC Account's existence, as long as it is necessary to fulfil its intended purposes or for any period stipulated by applicable laws. If you decline to provide the requested information, or otherwise do not comply in a timely manner, we reserve the right to suspend or terminate your access to your DC Account.

We retain your personal data to facilitate your ongoing utilization of DC Services, for the duration necessary to fulfil the specified purposes outlined in this Privacy Notice. Additionally, we may retain it as mandated by law, such as for tax and accounting obligations, compliance with anti-money laundering regulations, or as otherwise communicated to you. For a comprehensive understanding of how we collect and utilize your personal data in connection with the operation and functionality of our Sites and DC Services, we encourage you to refer to our Privacy Notice.

15. USING YOUR ACCOUNT

15.1 Transactions: You are responsible for the control and use of your DC Account. Consequently, we will assume that you have approved any Instruction sent from your DC Account unless we are notified otherwise. It is essential that you monitor your Account History to detect and report any unauthorized or suspicious activity on your DC Account as soon as possible. We are not liable for any claims or losses resulting from a Transaction executed as a result of an unapproved Instruction unless you have notified us in accordance with this clause. 15.2 Instructions: You must ensure that any Instruction submitted is accurate. We are not obligated to verify the accuracy, authenticity, or validity of any Instruction and will not scrutinize or reject Instructions solely because they are, or appear to be, duplicates. However, if there is uncertainty regarding the accuracy, authenticity, or validity of an Instruction, we reserve the right to decline to act upon or postpone action on any Instruction or request additional information concerning the Instruction. By submitting an Instruction, you are granting us the authorization to initiate the Transaction on your DC Account. Consequently, we are empowered to credit or debit your Digital Assets from your DC Account in accordance with the instructions you have provided. Instructions are irreversible, meaning that once an Instruction has been submitted, you do not have the right to cancel or withdraw it without our written consent. Your Instruction is considered received by us only when it has been received by our server. 15.3 Transaction limits: Transaction limits may apply to your DC account; please find more individual information in your personal dashboard. 15.4 Withdrawals and Deposits: When processing and facilitating withdrawals or deposits, DC may need to share your user information with other contracted third parties, such as financial institutions, or as mandated by applicable laws or required by a lawful request from any government entity. By using our services, you unconditionally authorize DC to share this information with these contracted third parties, or as required by applicable laws or mandated by a lawful government request. Furthermore, you release Diment from any liability, errors, mistakes, or negligence associated with this sharing. You assume all the associated risks when transferring Digital Tokens, Diment Dollars, away from the Site. There is no right of withdrawal or right to cancel once a transaction is initiated or completed. All transactions are final and irreversible. Once Digital Tokens are sent to an address, whether intentionally or as a result of a fraudulent or accidental transaction, you must acknowledge the risk that you may permanently lose access to and any claim on those Digital Tokens. You are accountable for the management and utilization of your DC Account. Therefore, we will presume that any Instruction sent from your DC Account has been authorized by you unless we receive a different notification. It's crucial that you regularly review your Account History to promptly recognize and report any unauthorized or suspicious activities on your DC Account. We do not bear responsibility for any claims or losses arising from a Transaction executed due to an unauthorized Instruction, unless you have notified us following the procedures outlined in this clause. 15.5 You should be aware that DC may delay or suspend redemptions under various circumstances, including but not limited to situations where DC determines that you have engaged in a Prohibited Use, or when directed to do so by any government entity, including but not limited to when the customer is in payment arrears or when their account does not have sufficient funds. This may also occur if your Digital Tokens Wallet or another account is involved in pending legal action, investigation, or government proceedings, or if Diment believes that unauthorized access is being attempted on your Digital Tokens Wallet or other accounts. 15.6 To ensure adherence to international data retention standards, you consent to allow us (without imposing an obligation on us) to maintain a record of all Transaction data for the duration of your DC Account's existence, as long as it is necessary to fulfil their intended purposes, or for any other duration specified by the relevant laws. For a comprehensive understanding of how we collect and utilize data related to the utilization and functionality of our Sites and DC Services, please review our Privacy Notice.

16. CLOSING YOUR ACCOUNT

You have the option to close your DC Account at any time by adhering to the account termination procedures outlined by us periodically.

17. RESOLVING DISPUTES

WARNING FOR CONSUMERS: This dispute resolution clause governs dispute resolution through arbitration. Please note that this may differ from the legal requirements of your country.

Resolution of Disputes:

17.1 Notice of Claim: If you have any concerns regarding the Services, please reach out to DC as the initial point of contact. DC aims to address your concerns amicably, avoiding formal legal proceedings whenever possible. In case your concerns cannot be resolved to your satisfaction initially, a ticket number will be assigned, marking the beginning of the internal dispute resolution process. DC will make efforts to resolve the dispute internally in a timely manner. Both parties commit to engaging in good-faith negotiations to settle the dispute. These discussions will remain confidential and be subject to applicable rules protecting settlement discussions from being used as evidence in any legal proceedings. If the dispute cannot be resolved to your satisfaction and you intend to assert a claim against DC, you agree to provide the basis of such claim in writing through a "Notice of Claim" as a preliminary notice to DC. Once you have submitted the Notice of Claim to DC, either DC or you may refer the dispute mentioned in the Notice of Claim to arbitration. 17.2 The parties agree that all proceedings, documents and information provided or exchanged shall be kept confidential and no party shall disclose any of the foregoing to any third party except their counsels, experts, accountants and auditors, insurers and reinsurers. 17.3 All disputes which cannot be settled amicably by the parties shall be decided exclusively and finally in accordance with UNCITRAL Arbitration Rules. The language of arbitration shall be English. The place of arbitration shall be Dubai. The arbitral award shall be final for the parties and enforceable by any competent court. 17.4 The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online service or purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. 17.5 Governing law: Aside from where Applicable Law requires or provides you with a choice otherwise, these Terms shall be governed by, and construed in accordance with, the laws of Dubai, UAE. 17.6 Severability: If any provision or part of these Terms of Service, as amended periodically, is found to be invalid, void, or unenforceable, either wholly or partially, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability applies only to that specific provision to the extent of its illegality, unenforceability, invalidity, or voidness, as applicable. The rest of these Terms of Service remains fully effective and enforceable.

GENERAL TERMS

Definitions and interpretations:

Definitions: In these Terms of Service and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:

1.1.1. "Affiliate" means, in relation to either Party, a direct or indirect subsidiary of the Party, a holding company of the Party, and any other subsidiary of that holding company; 1.1.2. "AML" means anti-money laundering, including all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat, or Digital Tokens, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations, which may also require internal controls to detect, prevent, report, and maintain records of suspected money laundering or terrorist financing; 1.1.3. "Anti-Corruption" means all Laws applicable to each Party prohibiting corruption or bribery of Government Officials, kickbacks, inducements, and other related forms of commercial corruption or bribery; 1.1.4. "Associates" means Diment LLC, Diment Reserve AG and each and every one of their respective shareholders, directors, officers, Affiliates, employees, contractors, agents, partners, insurers, and attorneys who or that are acting or performing or has acted or performed services for the benefit of or on behalf of the Site; 1.1.5. "Canadian Person” means: 1.1.5.1. a resident of any province or territory of Canada; 1.1.5.2. any Person established or organized in or under the Laws of Canada or any province or territory of Canada; 1.1.5.3. any estate of a decedent who was a resident of any province or territory of Canada; and 1.1.5.4. any Person established or organized outside Canada or any province or territory of Canada, in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly (i) holds a 50 percent or greater equity interest by votes or value, (ii) holds a majority of seats or memberships on the board of directors of the entity, or (iii) authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person. 1.1.6. "Controlling Person" means any Person who owns more than a 25 percent interest in any Person or affiliate; 1.1.7. "Copyrights" has the meaning set out in paragraph 10 of these Terms of Service; 1.1.8. Customers within the meaning of these Terms and Conditions include both private individuals and legal entities, i.e. consumers and merchants. 1.1.9. "CRS" means the common reporting standard or the Standard for Automatic Exchange of Financial Account Information; 1.1.10. "CTF" means counter-terrorist financing; 1.1.11. "Digital Tokens" means a digital representation of value that functions as (i) a medium of exchange; (ii) a unit of account; (iii) a store of value, and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency or virtual currency such as bitcoins, litecoins, and ethers; 1.1.12. "Digital Tokens Address" means an alphanumeric identifier that represents a potential destination for a Digital Tokens transfer, which typically is associated with a user’s Digital Tokens Wallet; 1.1.13. "Digital Tokens Wallet" means a software application (or other mechanism) that provides a means for holding, storing, and transferring Digital Tokens, including a user’s Digital Tokens Address, Digital Tokens balance, and cryptographic keys; 1.1.14. "Economic Sanctions" means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any Laws applicable to you or the Site; 1.1.15. "FATCA" means the United States Foreign Account Tax Compliance Act, as enacted by Title V, Subtitle A of the Hiring Incentives to Restore Employment Act, P.L 111-147 (2010), as amended; 1.1.16. "Fiat" means the money or currency of any country or jurisdiction that is: 1.1.16.1. designated as legal tender; and, 1.1.16.2. circulated, customarily used, and accepted as a medium of exchange in the country or jurisdiction of issuance; 1.1.20. "FinCEN" means the Financial Crimes Enforcement Network of the U.S. Department of the Treasury; 1.1.21. "Government" means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parasternal company, or state-owned (majority or greater) or controlled business enterprise; 1.1.22. "Government Approval" means any authorization, license, permit, consent, approval, franchise, concession, lease, ruling, certification, exemption, exception, or waiver by or with any Government necessary to conduct the business of either Party or the execution and delivery of the Services under this Terms of Service; 1.1.23. "Government Official" means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organization, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation; 1.1.24. "Laws" means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you or the Site; 1.1.25. "Losses" has the meaning set out in paragraph 11 of these Terms of Service; 1.1.26. "Marks" has the meaning set out in paragraph 9 of these Terms of Service; 1.1.27. "Person" includes an individual, association, partnership, corporation, other body corporate, trust, estate, and any form of organization, group, or entity cognizable as legal personalities; 1.1.28. "Personal Information" has the meaning set out in the Privacy Policy. 1.1.29. "Prohibited Jurisdictions" (Central African Republic, Iran, Iraq, Lebanon, Libya, North Korea, Somalia, South Sudan, Yemen, Congo, Mali.) 1.1.30. "Prohibited Use" has the meaning set out in paragraph 8 of these Terms of Service; 1.1.31. "Reserves" means diamonds, traditional currency and cash equivalents; 1.1.32. "Sanctions List" means the "Specially Designated Nationals and Blocked Persons" ("SDN") List and the Non-SDN List, including the “Sectoral Sanctions Identifications List”, published by OFAC; the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by FinCEN; and, any other foreign terrorist organization or other sanctioned, restricted, or under Economic Sanctions, AML, or CTF Laws by the United Nations, or any other jurisdiction or Government, as applicable to you or to the Site, as amended, supplemented, or substituted from time to time; 1.1.33. "Sanctioned Person" refers to any Person or Digital Tokens Address that is: (i) specifically listed in any Sanctions List; or (ii) directly or indirectly owned 50 percent or more by any Person or group of Persons in the aggregate, or a Digital Tokens Wallet associated with such Person or Persons, referred to in any Sanctions List, or Government or Government Official of any Prohibited Jurisdiction, and (iii) that is not subject to any Government Approval or otherwise not sanctioned, restricted, or penalized under applicable Laws; 1.1.34. "Terms of Service" means these terms and conditions of service, as they may be changed, amended, or updated from time to time, including the following Site policies and pages: the Risk Disclosure Statement; the Privacy Policy; the Anti-Spam Policy; the Law Enforcement Requests Policy; and the Fees Schedule; 1.1.39. "Diment Token" means the Diment Digital Token issued and redeemed by Diment; 1.1.40. "DC" means Diment; 1.1.41. "United States" means the several states of the United States and the District of Columbia; 1.1.42. "U.S. Customer" means any account that is held by one or more U.S. Persons or non-U.S. entities that have one or more Controlling Persons who is a U.S. Person; 1.1.43. "U.S. Citizen or U.S. Resident" includes any U.S. citizen, U.S. lawful permanent resident, individual who meets the “substantial presence” test described in section 7701(b)(3) of the U.S. Internal Revenue Code of 1986 (as amended), protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government; 1.1.44. "U.S. Financial Institution" means any U.S. Person and any of its affiliates, branches, offices, or agents incorporated, organized, or located in the United States or Territory or Insular Possession of the United States that is engaged in the business of: (i) accepting deposits, (ii) making, granting, transferring, holding, or brokering remittances, loans, or credits, or (iii) purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchases and sellers thereof, whether as principal or agent, and this term applies to affiliates, branches, offices, and agencies of any foreign financial institution that are located in the United States or Territory or Insular Possession of the United States, but not such foreign financial institution’s affiliates, branches, offices, or agencies located outside the United States; 1.1.45 "U.S. Person" means: 1.1.45.1. U.S. Citizen or U.S. Resident; 1.1.45.2. corporation, partnership, or other entity established or organized in or under the Laws of the United States; 1.1.45.3. any estate of a decedent who was a citizen or a resident of the United States; 1.1.45.4. any trust if (i) a court within the United States is able to exercise primary supervision over the administration of the trust, and (ii) one or more United States Persons have the authority to control all substantial decisions of the trust; or 1.1.45.5. any Person organized or incorporated outside the United States 1.1.46. "you" or "your" means the user. 1.2. Extended Meanings: Unless otherwise specified in these Terms of Service, words importing the singular include the plural and vice versa and words importing gender include all genders. 1.3. Governing Law: These Terms of Service shall be governed by and construed and enforced in accordance with the Laws of Dubai, UAE, and shall be interpreted in all respects as a UAE contract. Any dispute, controversy, claim or action arising from or related to your use of the Site or these Terms of Service likewise shall be governed by the Laws of Dubai, UAE, exclusive of choice-of-law principles.