CRYPTO LOANS

These Terms of Use are entered into between you, hereinafter referred to as “you” or “your” and betfury.io/betfury.com (hereinafter referred to as “BetFury”) as defined below. References to “you” and/or “your” are references to any person using, accessing, or attempting to use Crypto Loans. Please read the terms carefully as they govern your use of Crypto Loans.

Crypto Loans are provided by Universe B Games B.V., a company incorporated under the laws of Curacao, registration no 155126 and license # GLH-OCCHKТW0712232020 in partnership with the Service Provider company DIGITALRIDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ incorporated under the laws of the Republic of Poland, number in the Register of Virtual Currency activities RDWW-737, dated May 4, 2023

By making use of Crypto Loans, you acknowledge, agree, and confirm that:

  • As with any asset, the value of Digital Currencies, as defined below, may fluctuate significantly, and there is a substantial risk of economic losses when purchasing, selling, holding, or investing in Digital Currencies and their derivatives or during the time such assets are in the collateral.

  • You shall assume all risks related to Crypto Loans and transactions of digital currencies and their derivatives;

  • BetFury should not be held liable for any such risks or adverse outcomes;

  • You voluntarily use Crypto Loans;

  • You understand the mechanism and algorithm of Crypto Loans in total capacity.

  • You confirm your understanding that Crypto Loans is not a financial instrument. Crypto Loans is a product that is designed to attract new audiences to the Betfury platform.

  • You confirm your understanding that Crypto Loans is not an activity covered by our gaming license and is offered by Betfury separately from the main activity.

  • You expressly agree that you assume all risks in connection with your access and use of the services. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Crypto Loans.

  • You represent that you are at least the age of majority in your jurisdiction and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself.

By assessing, using, or attempting to use Crypto Loans in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Crypto Loans. You automatically agree to comply with these rules by using Crypto Loans.

General Provisions

1. Changes to these Terms

BetFury reserves the right to change or amend these Terms at its sole discretion. BetFury will notify about such changes by updating the terms on its website and modifying the “last revised” date displayed in the header of the document. All the changes to these Terms will become effective upon publication on the website or release to users. Hence, your continued use of the Crypto Loans service implies your automatic acceptance of the modified Terms.

If you do not agree to any changes to these Terms, you must refrain from using Crypto Loans service immediately. BetFury highly recommends you to frequently review these terms to ensure your understanding of the Terms that apply to your use of our loan programs.

2. Obligations and Warranties

By using the Crypto Loans, you hereby undertake to:

  • Use only ONE Betfury account;

  • Use the Betfury Account, the Betfury Platform, and the Crypto Loans in good faith;

  • Not violate or breach any terms of these Terms, and other platform documents, or any Applicable Law in any relevant jurisdiction;

  • Not commit, conduct, or perform any misrepresentation, fraud, malicious act, or criminal activities;

  • Not provide false, inaccurate, incomplete, out-of-date, or misleading information;

  • Not interfere, intercept, or expropriate our network, system, data, or information;

  • Not transmit or upload any virus or other malicious software or program or try to gain unauthorized access to other users’ accounts, websites, network, or systems concerning the Crypto Loan;

  • Not decompile, reverse engineer, or disassemble any of our programs, systems, or products, or in any way infringe the Intellectual Property rights and/or such of our partners;

  • Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products or unduly burdening or hindering the operation and/or functionality of any aspect of the Betfury Crypto Loan;

  • Keep the data required for using the BetFury Account unavailable for third parties;

  • You shall be responsible, and you assume and shall bear all risk of loss for all conduct relating to the Crypto Loan. BetFury does not take any responsibility for any loss or damage incurred as a result of your access to and use of the Crypto Loan.

  • Comply with these Terms and other BetFury Platform Terms.

The list of obligations defined in this section is not exhaustive. If other obligations arise from the mechanics of using Crypto Loans or from other provisions of these Terms, the User is obliged to fulfill them.

3. Limitation of Liability

The Crypto Loans and any related products or services are offered on a strictly “as-is” and “where-available” basis, and BetFury expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the Crypto Loans and any related products or services are offered without any warranty regarding merchantability or fitness for any particular purpose.

You acknowledge and agree that using the Crypto Loans is at your own risk. To the maximum extent allowed by law, Betfury, its affiliates and subsidiaries, its licensors, and their respective employees, contractors, agents, suppliers, and vendors shall have no liability or responsibility whatsoever for any damages or loss - whether direct or indirect, consequential, incidental, punitive or otherwise - arising in connection with Crypto Loans or any data or values relating thereto, whether arising out of negligence or otherwise. Without limiting any of the foregoing, in no event shall Betfury have any liability for any lost profits or indirect, punitive, special, or consequential damages or losses, even if notified of the possibility thereof.

BetFury does not bear any responsibility in the case of loss of funds, which occurred because of illegal actions of third parties, in particular, but not exclusively in the case of hacker attacks, DDOS attacks, and other actions of third parties, which are aimed at acquiring funds.

We assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and/or software or services proposed by BetFury;(b) interruption or cessation of function related to the software and Crypto Loans services;(c) bugs, viruses, trojan horses, or the like that may be transmitted to or through the website;(d) errors or omissions in, or loss or damage incurred as a result of the use of any services from the BetFury website.

5. Taxation

The User shall be responsible for payment of all applicable taxes, if any, to which the Loans might be subject and any and all other taxes that may apply to the User. Betfury makes no representations in this regard. The User agrees to indemnify and hold Betfury harmless against any taxes, including penalties, duties, and interest levied by any government on the Loans.

BetFury shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to Digital Assets may expose you to any currently unknown or future tax consequences associated with your holding of Digital Assets and the use of the Crypto Loans, for which BetFury shall not be held liable. You shall hold BetFury harmless from any expenses and losses resulting from the above uncertainty.

6. Anti-Money Laundering and Suspension

The Digital Assets, which you have topped up or will top up into your BetFury account, or the funds, which you have used or will use for the purchase of the Digital Assets to be topped up into your BetFury account and which you will use in Crypto Loan and pledged are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Law in the respective jurisdiction.

We may be forced to suspend, discontinue, or change aspects of the BetFury Crypto Loan in any jurisdiction without notice if demanded by the regulators or Applicable Law, or for whatever other reason. In this case, the Digital Assets in your BetFury Account may be frozen for an indefinite period of time until the matter is resolved.

BetFury reserves the right, without explaining the reason, to ask you for confirmation of the origin of the funds that you have topped up or will top up into your BetFury account or the funds that you have used or will use for the purchase of the Digital Assets to be topped up into your BetFury account and pledged. Betfury reserves the right to freeze your funds until you confirm the origin of these funds.

BetFury reserves the right to restrict, suspend, or terminate access to BetFury Crypto Loan without notice where:

  • We reasonably suspect that you or your BetFury Account and/or BetFury Crypto Loan and/or money on it is or has been associated with or poses a high risk of money laundering, financing of terrorism, fraud, or any other financial crime;

  • You use multiple accounts to bypass the AML policy or to abuse the system.

  • Your BetFury Account and/or BetFury Crypto Loan is the subject of any legal, regulatory, or government process, and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance;

Suspicious accounts can also be considered accounts that have no activity on the platform and/or perform the same type of operations for a certain period of time.

BetFury reserves the right to require the user to withdraw funds to the same wallet from which the deposit was made.

BetFury also reserves the right, in the event of suspicion of a violation of the AML policy, to require you to undergo a KYC at any stage of interaction, both at the stage of depositing funds and during their withdrawal. This requirement is mandatory for all users of the Betfury platform.

We may suspend or discontinue the availability of the Crypto Loan in relation to any Digital Asset and/or in relation to users located in any jurisdiction, in whole or in part, at any time and for any reason, and in such circumstances, we may, without liability to you, reduce, cancel, closeout or vary any Loan. If we do so, we shall provide notice to you except in circumstances where we may be required to discontinue the availability of the Crypto Loan Services in relation to a particular Digital Asset to comply with our understanding of Applicable Law in any jurisdiction or to comply with an order or request from any competent regulatory, governmental or law enforcement authority, or as required by our internal policies, in which case such suspension or discontinuance may take effect immediately.

Crypto Loans is subject to all AML requirements defined by the Betfury platform Terms and Conditions.

7. Restrictions

You represent that you are not (a) the subject of economic or trade sanctions administered or enforced by of United Nations, European Union, and United States of America or otherwise designated on any list of prohibited or restricted parties by any governmental authority or (b) a citizen, resident, or organized from the country or territory which is a subject of economic or trade sanctions enforced by of United Nations, European Union, and United States of America.

You are not permitted to access or use Crypto Loans in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of Betfury to any person, geographic area, or jurisdiction at any time and at our sole and absolute discretion.

Access to Crypto Loans is prohibited to wallets and persons who are citizens and/or residents of the United States of America. Access to Betfury Crypto Loan is prohibited to wallets and persons located in, established in, or a resident of Belarus, Myanmar (Burma), Côte D'Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, the so-called Donetsk People’s Republic, Democratic Republic of Congo, Iran, Iraq,Gaza, Libya, the so-called Luhansk People’s Republic, Mali, Nicaragua, Democratic People’s Republic of Korea (North Korea), Russia, Somalia, Sudan, Syria, Yemen, Zimbabwe. The use of software to change the IP address by citizens or residents of the countries defined in this clause will be considered a gross violation of these Terms and will give Betfury the right to confiscate the deposited funds and block access to such a person. Confiscated funds may be returned subject to confirmation of the legality of the origin of such funds and full-person verification.

YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE BETFURY CRYPTO Loan IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE IT SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.

8. Service Availability

While we will do everything we can to provide continuous operations, Betfury does not provide any warranty or guarantee in relation to the availability of the Crypto Loans. Without limiting the generality of the foregoing, we do not guarantee continuous access to the BetFury or to the Crypto Loans and make no representation that the Betfury and/or the Crypto Loans offered therein will be available without interruption or that there will be no delays, failures, errors, omissions or loss of transmitted information.

9. Crypto Loans

When you borrow Digital Assets under these Crypto Loan Service Terms, you are entering into a Loan as a borrower where BetFury is the lender. You agree and acknowledge that Betfury shall have the right under these Terms to enforce the terms of the Loan against you.

To use the Crypto Loan, you shall deposit and maintain in the BetFury Account Digital Assets which can be Eligible Collateral in such form and amounts, as required by the Butfury platform for granting a loan.

A list of Eligible Collateral will be prescribed by BetFury and certain Digital Assets may only be valued as Collateral on a discounted basis. BetFury may (but shall not be obliged to) notify you of any changes to the list of Eligible Collateral. Eligible Collateral in these Terms means Digital Assets that can be used as collateral for loans. It can be XRP, LTC, DOGE, USDC, MATIC, SHIB, ADA, AVAX, SOL, BCH, LINK, USDT, BTC, ETH, TRX and BNB.

The value of any Collateral shall be as determined by BetFur in its sole and absolute discretion.

BetFury may establish collateral requirements in respect of the Crypto Loan, including by setting LTV levels that are required to be maintained by you (the “Collateral Requirements”). BetFury may, in its sole and absolute discretion, with or without notice to you, vary the Collateral Requirements at any time and by any amount and may also stipulate that such Collateral Requirements shall apply to existing Loans as well as new Loans. You acknowledge and confirm that BetFury may, in certain market conditions, effect an immediate change in Collateral Requirements and/or require additional Collateral to be deposited immediately or within a specified period of time, which may be less than 24 hours, and you waive any right to object on the grounds that such requirement is unreasonable. No previous Collateral Requirements shall set a precedent or bind BetFury.

If BetFury determines that additional Collateral is required, you shall deposit with BetFury such additional Collateral immediately upon demand, provided that, notwithstanding any such demand for additional Collateral, BetFury may at any time exercise its rights under these Terms. In making such determination in respect of the Collateral provided for any Loan, BetFury shall not be required to take into consideration Collateral held by BetFury in respect of any other Loan.

You acknowledge that Collateral may be held and used by BetFury to secure the performance of your obligations under these Terms. All Collateral shall be held by BetFury, notwithstanding any provision or Instructions to the contrary, as continuing security and shall be subject to a general right of set off in favor of BetFury for any and all of your obligations, liabilities, monies, or other amounts whatsoever at any time now or hereafter owing, due, incurred or payable by you to BetFury under these Terms or otherwise, whether present or future, actual or contingent, solely or jointly or whether as principal or surety (the “Secured Obligations”), and BetFury may appropriate or realize any Collateral as provided for in these Terms. For the avoidance of doubt, notwithstanding any provision of the Terms, you shall have no right to submit any Instructions to request a withdrawal of any Digital Assets that constitute Collateral.

You shall, at your own cost and at BetFury’s request, execute and do all such deeds, acts, and things (including, without limitation, the performance of such further acts or the execution and delivery of any additional instruments or documents) as BetFury may require for the purposes of these Terms, including but not limited to perfecting BetFury`s rights to the Collateral provided by you.

BetFury shall be entitled to deposit, pledge, rehypothecate, invest, loan, stake on chain and generally deal with and transfer any Collateral in its sole discretion and shall not be under any obligation to notify you of the same nor account to you for any interest, Loan rewards, income or benefit that may be derived therefrom. No interest shall be paid to you on any Collateral unless expressly set out on the platform, and you acknowledge and agree that any interest, income, or benefit earned on Collateral (if any) under these Terms may be retained by BetFury for its own account and benefit. BetFury shall not be liable to you for the loss of any Collateral resulting directly or indirectly from a closure, bankruptcy, insolvency, liquidation, receivership, hack, security breach, technical malfunction or other event of a similar nature affecting any supplier, intermediate broker, agent, principal custodian, sub-custodian, dealer, exchange, Loan platform, liquidity pool, bridge provider, market maker, clearing house or regulatory organization.

9.1. Loan

To use Crypto Loan, the user can only use his own funds, which are on the user's balance. Receiving crypto loans for bonus funds is prohibited.

When applying for a Loan, you shall specify the Digital Asset you wish to borrow and the Digital Asset you wish to provide as Collateral for the Loan. You shall also elect the term of the Loan (the “Term”). It can be 7, 14, 30, 90, 180, or 365 days.

BetFury, in its sole discretion, and if you have sufficient Eligible Collateral available in your BetFury Account, you may apply for, and BetFury may grant you, a loan of Digital Assets (the “Loan”). If BetFury agrees to grant you a Loan, the proceeds of the Loan (the “Loaned Assets”) will be transferred to your BetFury Account, and you may use the Loaned Assets at your own discretion.

BetFury may attach conditions to using any particular Loanable Asset or Eligible Collateral, including, but not limited to, minimum and maximum amounts available for a Loan of a particular Digital Asset.

Loanable assets are those tokens that can be borrowed. It can be USDT, BTC, ETH, TRX, and BNB.

A user can borrow $200,000 for one loan currency, which is defined above. That is, if we have 5 currencies available for a loan, then in total one user can take loans for $1,000,000.00, $200,000.00 for each currency.

BetFury may determine which Digital Assets constitute Loanable Assets and Eligible Collateral from time to time in its sole discretion. If BetFury determines that a Digital Asset that constitutes Collateral or Loaned Assets in respect of an outstanding Loan no longer qualifies as Eligible Collateral or Loanable Assets, as the case may be, we may terminate all relevant Loans without liability to you prior to the Maturity Time.

You shall repay the Loan and any accrued Interest and other fees at the time on the last day of the Term specified in respect of the relevant Loan on the Platform (the “Maturity Time”). Early Redemption is not prohibited.

You may repay a Loan by (i) returning the Loan to Betfury with the Interest, or (ii) by instructing BetFury to repay the Loan using Collateral, converted into the Loaned Assets in such manner and at such rate as BetFury may, in its sole discretion, determine. Once the Loan has been repaid in full, all remaining Collateral corresponding to that Loan will be returned to your BetFury account.

You may repay a Loan in whole or in part at any time prior to the Maturity Time without incurring any additional fees or penalties for such early repayment of the Loan.

If you fail to repay the Loan at or before the Maturity Time, we may grant you a Grace Period for repayment that will vary in length in accordance with the Terms of the relevant Loan. During the Grace Period Interest will accrue at three times the Interest Rate that applied to the Loan prior to the Maturity Time.

If you fail to repay the Loan by the end of the Grace Period, your Collateral will immediately be subject to Liquidation, and you will be liable to pay the Liquidation Fee, in addition to your Loan Balance and any additional fees and costs associated with the Liquidation.

All repayments shall be allocated first to our fees (if any), then to Interest and last to the principal amount of the Loan.

9.2. Collateral

You shall at all times maintain a Collateral Balance sufficient to satisfy any Collateral Requirements BetFury may specify from time to time.

If at any time the LTV in respect of a Loan fails to meet the Collateral Requirements, as prescribed by BetFury, you agree to transfer additional Eligible Collateral, whether or not a Margin Call to satisfy such Collateral Requirements.

You acknowledge and agree that if the LTV in respect of a Loan is equal to or below the Liquidation LTV, BetFury may, and shall be fully entitled (but shall not be obliged) to, sell or dispose of any or all Collateral in order to satisfy the LTV prescribed by BetFury in its sole discretion, whether or not a Margin Call has been made (“Liquidation”), and BetFury is not required to provide notice to you before commencing Liquidation.

You give BetFury the authority and discretion to sell or dispose of any or all Collateral in such manner as BetFury, in its sole discretion, sees fit.

In respect of any Liquidation, you will be liable for a liquidation fee, calculated as a percentage of the value of the assets liquidated (the “Liquidation Fee”), as determined by BetFury in its sole discretion. The rate at which the LIquidation Fee is charged (the “Liquidation Fee Rate”) is 2%. Betfury reserves the right to change the Liquidation Fee Rate and the method by which such rate is determined at any time in its sole discretion.

You acknowledge and agree that (i) you shall be liable for all trading fees and transaction costs relating to the Liquidation, (ii) you shall be liable for any losses resulting from the Liquidation, and (iii) BetFury shall not be liable for any losses resulting from the Liquidation should BetFury exercise any or all of its rights under these Terms

Failure of BetFury to exercise any or all of its rights under these Terms shall not constitute a waiver of its rights to do so at any time thereafter, nor shall BetFury be subject to any liability to you for its acts or its failure to so act.

You acknowledge and agree that it is your sole responsibility to monitor the Collateral Requirements for your Loans. Your Collateral Balance and Loan Balance shall be marked-to-market every hour, or at such other intervals as BetFury may determine in its sole and absolute discretion.

You acknowledge and agree that if the Liquidation proceeds are insufficient to repay your loan balance, you shall be liable for any shortfall and such amount shall be immediately due and payable from you to BetFury.

You acknowledge and agree that, as Digital Asset markets are open 24 hours a day, 7 days a week, Margin Calls and Liquidations may occur at any time, including outside of normal business hours. You further agree and acknowledge that the prices of Digital Assets are volatile and thus may decline speedily in value.

9.3. Interest

Simple interest shall accrue in respect of any Loan on an hourly basis at the top of each hour, starting at the top of the hour preceding the time a Loan is entered into at the daily interest rate specified on the Crypto Loan Page on Betfury (the “Interest Rate”) at the time the Loan is granted.

BetFury reserves the right from time to time, in its sole and absolute discretion, to vary the rates of fees, interest, commissions, and charges or impose other fees, commissions, and charges.

9.4. Default and Termination

“Default” shall be deemed to occur if:

  1. any payment in connection with any Loan becomes overdue;

  2. the Collateral Balance falls below the Collateral Requirements as prescribed by BetFury;

  3. any representation, warranty, agreement, or undertaking made by you to BetFury or any other material statement made by you in or in connection with the same being untrue, inaccurate, incomplete, or misleading in any respect at the time when made by you or thereafter at any time becomes untrue, inaccurate, incomplete or misleading in any respect;

  4. you have failed to comply with or perform any of your obligations hereunder or in respect of any Loan or under these Terms, the General BetFury Terms (including without limitation your failure to make, when due, any payment required to be made by you under these Terms or the General BetFury Terms) or you have breached or are being investigated by relevant authorities for breaching any Applicable Law;

  5. you refuse to pass the KYC and/or refuse to provide documents confirming the origin of the funds.

  6. you shall become deceased, bankrupt, of unsound mind or insane, commit an act of bankruptcy, or have action to place you in bankruptcy commenced against you;

  7. any investigation, claim, action or proceeding of any nature is commenced against you (including without limitation investigation into suspected market abuse, manipulation or other criminal conduct), or steps are taken by any person to enforce any security against you;

  8. BetFury has reasonable concerns in relation to your creditworthiness, financial status or verification of your identity;

  9. A credible allegation of fraud, misconduct, embezzlement, money laundering, insider trading, market manipulation abuse or other material illegality, breach of regulation or impropriety;

  10. You attempt to defraud Betfury or cause Betfury financial damage in any way.

If a Default occurs, BetFury may (but is not obliged to) immediately or any time thereafter, while such Default is continuing, do any one or more of the following:

  1. . suspend (indefinitely or otherwise), cancel or terminate any BetFury Account or BetFury’s relationship with you or prohibit you from using BetFury Platform at all or/and accelerate any and all of your liabilities to BetFury (including any and all of your Loans, fees, interests, and charges owed by you to BetFury) so that they shall become immediately due and payable;

  2. liquidate, accelerate, and/or close out any outstanding position;

  3. at such times and manner as BetFury may reasonably determine based on, but not limited to, market conditions, sell or otherwise transfer any Collateral or any other Digital Assets or other property which may be credited to your BetFury Account or which has been pledged to BetFury by you and apply the proceeds to the discharge of your obligations, and BetFury may set-off and net any of its obligations to you against any obligations of you to BetFury;

  4. exercise such other authority and powers that may have been conferred upon BetFury by these Loan Terms and/or the General BetFury Terms.

To the extent permitted under Applicable Law, you will be responsible for the reasonable costs and expenses of collecting any unpaid deficiency in respect of any Loan Balance including, but not limited to, legal counsel’s fees incurred and payable or paid by you.

10. Final Provisions

This document may have been translated and published in different languages. In the event of any inconsistency, misstatements, omissions, or errors appearing in any translated version, the English version shall prevail.

You confirm that you are familiar with these Terms and that you fully understand them. These Terms are mandatory for everyone using Crypto Loans. By using it, you accept these Terms and undertake to comply with them. These Terms are binding on all users, without exception. By using Crypto Loan, you automatically agree to these Terms and undertake to comply with them.

This Document, together with the Betfury Terms and Conditions, the Privacy Policy, and other BetFury platform rules, represents the entire agreement between you and BetFury in relation to the use of the Crypto Loan.

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