SMART VALOR USER AGREEMENT
[Version: 2.0, last updated: 21.10.2025]
INCORPORATED DOCUMENTS (CONTRACTUALLY BINDING)
The following documents are incorporated by reference and form part of these Terms.
If there is any inconsistency, the Exchange Rule Book governs trading mechanics (for example, order handling, cancellations, forks / airdrops, unsupported deposits, mistaken transfers).
All other referenced documents are binding and may be updated from time to time; continued use constitutes acceptance of updates:
General Business Terms & Conditions (T&C) – available on smartvalor.com
Risk Disclosures – available on smartvalor.com
Privacy Policy – available on smartvalor.com
Exchange Rule Book – available on smartvalor.com
Complaints Process FAQ – https://smartvalor.com/en/faq/complaint-handling-process?question=0
This Agreement encompasses the General Business Terms & Conditions, the Risk Disclosures, and this User Agreement, hereinafter collectively referred to as the Terms. These Terms govern the contractual relationship between the user of the VALOR Platform and SMART VALOR AG (hereinafter “SMART VALOR”). The Terms are legally binding. Please read them carefully before using any of SMART VALOR’s services. This document comes into force upon its publication. Words in the singular include the plural, and vice versa; those in masculine also include feminine.
1. PREAMBLE
This document follows the definitions set forth in the Conditions. Check the Conditions for more information.
By using the VALOR Platform via smartvalor.com and any other service provided by SMART VALOR, the Client confirms that they have read, understood, and agreed to the Terms.
Consent to this Agreement and to the SMART VALOR Privacy Policy is mandatory for continued access to the Platform. If the Client does not agree, they must immediately stop using the Platform and all related services.
SMART VALOR may amend these Terms from time to time. Changes will be published online on smartvalor.com or communicated by other appropriate means and shall be deemed accepted unless the Client submits an objection within one (1) month of the date on which the amendment was notified. If the Client objects, they may terminate the Agreement before the effective date of the changes. (For urgent legal, regulatory, or security reasons, changes may apply sooner as permitted by law.)
2. LEGAL CAPACITY AND ELIGIBILITY
By using any SMART VALOR services or the VALOR Platform, the Client confirms that they are at least 18 years old and have the legal capacity to enter into this Agreement.
2.1. Eligibility Representation
By entering into this Agreement, the Client represents and warrants that they:
• are not a citizen or resident of a restricted jurisdiction;
• are not subject to sanctions or listed as a prohibited person by any competent authority;
• are acting for their own account and not on behalf of any third party.
3. LACK OF LEGAL CAPACITY
Damage resulting from the Client’s lack of legal capacity shall be borne by the Client. In any event, the Client shall bear any damage resulting from lack of legal capacity on the part of other third parties having access to the Client’s SMART VALOR Account.
4. COMPLIANCE WITH LOCAL LAWS
Clients are responsible for ensuring that access to and use of the VALOR Platform is legal in their jurisdiction. SMART VALOR may restrict or deny Services based on the Client’s residence, citizenship, or regulatory status.
The content of smartvalor.com is not intended for distribution or use in jurisdictions where such use would be contrary to law or regulation, in particular where trading in Digital Assets is restricted or prohibited.
4.1. Restricted Jurisdictions
Due to regulatory requirements and international sanctions, SMART VALOR does not provide services to residents or citizens of jurisdictions listed as restricted on its website.
The current list of restricted jurisdictions is published and regularly updated at:
https://smartvalor.com/en/faq/restricted-countries
SMART VALOR may update this list at any time to reflect changes in applicable laws, sanctions, or regulatory guidance.
It is the Client’s responsibility to review the latest list and ensure that they are not accessing or using the Platform from a restricted jurisdiction.
4.2. Sanctions and Prohibited Persons
SMART VALOR does not provide services to any individual or entity that:
• is listed on any sanctions list administered by Switzerland, Liechtenstein, the United Nations, the European Union, the U.S. Office of Foreign Assets Control (OFAC), or any other relevant authority;
• is located, incorporated, or otherwise established in a jurisdiction subject to comprehensive international sanctions;
• is acting on behalf of or for the benefit of a sanctioned individual or entity.
Clients represent and warrant that they are not subject to any such restrictions and that they will immediately notify SMART VALOR if this status changes.
5. NO WARRANTY
SMART VALOR provides no warranty and makes no representations of any kind regarding:
• the Digital Assets;
• the accuracy, completeness, or timeliness of any content or data on the Platform;
• the results that may be obtained by Clients of the VALOR Platform smartvalor.com;
• any third-party content accessible on or through smartvalor.com;
• uninterrupted, secure, or error-free operation of the Platform, including execution of orders;
• the absence of malware, viruses, trojans, worms, software bombs, or other harmful components on the Platform, its servers, or any connected websites.
Disclaimers
All information, including research reports, analyses, estimates, projections, quotes, or notices published on the Platform, is provided for informational purposes only and does not constitute investment advice. The Client is solely responsible for investment decisions.
Access to SMART VALOR’s websites does not in itself establish a client relationship.
Opinions, forecasts, and research are published under the sole responsibility of their authors and may not reflect SMART VALOR’s views. Content may be changed, suspended, or withdrawn without notice.
SMART VALOR does not undertake to update or amend information that contains a publication date; such information is valid only as of that date.
Data sourced from third parties is considered reliable but is provided “as is” without any warranty of quality, originality, non-infringement of intellectual property, or fitness for a particular purpose.
To protect against malware, SMART VALOR recommends that Clients use up-to-date operating systems and browsers, install and maintain antivirus and firewall protection, and avoid opening suspicious emails or attachments.
5.1. User Systems and Connectivity Responsibility
The Client is solely responsible for obtaining, maintaining, and securing all hardware, software, network access, and telecommunications required to access and use the Platform, including security configurations (e.g., up-to-date operating systems, antivirus, firewalls). SMART VALOR is not responsible for any failures, delays, errors, loss of data, or security breaches arising from the Client’s devices, software, internet connectivity, mail servers, browser settings, or any third-party systems under the Client’s control. The Client must ensure that communications from SMART VALOR are not blocked or filtered.
6. RISKS
The Client understands and accepts the inherent risks of acquiring, holding, and trading Digital Assets, including but not limited to:
• extreme volatility and potential loss of capital;
• technological risks (system failures, cyberattacks, forks);
• regulatory changes or restrictions;
• liquidity risks;
• counterparty and custody risks.
SMART VALOR does not guarantee any returns or preservation of capital.
7. LIABILITY
Except in cases of gross negligence, fraud, or willful misconduct, SMART VALOR, including its directors, employees, service providers, and business partners, shall not be liable for:
• Client’s investment decisions;
• the Client’s obligation to maintain sufficient funds for trading;
• delays, errors, or failures in execution of orders;
• the content, accuracy, completeness, or timeliness of any information, data, or links on the Platform;
• any third-party content, products, or services accessible on or through smartvalor.com;
• errors or omissions in smartvalor.com or the VALOR Platform;
• inability to access or use smartvalor.com or the VALOR Platform for any reason;
• indirect, incidental, or consequential damages of any kind, including lost profits.
Additional provisions
SMART VALOR shall only be liable for proven damages caused directly by gross negligence, fraud, or willful misconduct.
In the event of an error by a service provider, SMART VALOR shall only be responsible if it failed to exercise due diligence in selecting and instructing that provider.
As a general rule, SMART VALOR is not responsible for the acts or omissions of contractors or service providers, except where they commit gross negligence.
7.1. Indemnity
To the maximum extent permitted by law, the Client agrees to defend, indemnify, and hold harmless SMART VALOR AG, its affiliates, directors, officers, employees, and service providers from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) the Client’s breach of the Terms or applicable law; (b) the Client’s unlawful, negligent, fraudulent, or improper use of the Platform; (c) any third-party claim relating to content or information provided by the Client; or (d) unauthorized access to the Client’s Account resulting from the Client’s failure to secure credentials or account access — except to the extent caused by SMART VALOR’s gross negligence, fraud, or willful misconduct.
8. FORCE MAJEURE
For the purposes of these Terms, a Force Majeure Event means any circumstance which falls outside the reasonable control of SMART VALOR, but only if and to the extent that:
(i) such circumstance, despite the exercise of reasonable diligence and observance of good business practices, could not be prevented, avoided, or removed by SMART VALOR; and
(ii) such circumstance materially and adversely affects SMART VALOR’s ability to perform its obligations under these Terms, notwithstanding SMART VALOR having taken all reasonable precautions, due care, and alternative measures to mitigate its effects.
SMART VALOR shall not be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, cyberattacks, power outages, industrial actions, regulatory restrictions, or disruptions in blockchain technology.
During the occurrence of a Force Majeure Event, SMART VALOR’s obligations under this Agreement shall be suspended without liability until such circumstances cease to exist.
8.1. Technology-Related Risks
Given the dynamic nature of the technologies used by SMART VALOR (in particular blockchain and digital-asset infrastructures), the Client acknowledges and accepts that:
the list of Force Majeure Events is not exhaustive, and unforeseen events related to such technologies may occur beyond SMART VALOR’s knowledge and control; and
a Force Majeure Event may arise in any jurisdiction, city, or infrastructure where the relevant technology is hosted, validated, stored, or maintained.
8.2. Illustrative Instances of Force Majeure Events
Force Majeure Events include, but are not limited to, the following:
(a) acts of God, such as fires, explosions, earthquakes, drought, tidal waves, floods, or other natural catastrophes;
(b) acts of war (whether declared or not), hostilities, invasion, acts of foreign enemies, armed conflict, or civil disorder;
(c) terrorism, cyber-terrorism, cyber-attacks, hacking, software bugs, or malware outbreaks;
(d) ionising radiation, contamination by radioactivity from any nuclear fuel, nuclear waste, or radioactive toxic explosive substances, or other hazardous properties of any explosive nuclear assembly or component thereof;
(e) pressure waves from aircraft or other devices travelling at supersonic speeds;
(f) strikes, lockouts, industrial action, blockades, embargoes, or any other form of civil disturbance (whether lawful or not) affecting on a general basis the industry related to SMART VALOR’s services and not attributable to any unreasonable action or inaction on the part of SMART VALOR or any of its suppliers, and the settlement of which is beyond their reasonable control;
(g) specific incidents of exceptional adverse weather conditions in excess of those normally expected at the relevant time and place;
(h) disruption, degradation, or discontinuation of electricity, telecommunications, internet connectivity, or other essential utility services;
(i) expropriation, nationalisation, confiscation, or compulsory acquisition of the whole or any material or immaterial part of SMART VALOR’s systems or assets (including Blockchain or Digital Assets), except where such action is caused by contravention of law by SMART VALOR;
(j) pandemics, epidemics, quarantines, or governmental restrictions imposed to contain public-health emergencies; and
(k) any other event that reasonably falls outside SMART VALOR’s ability to control or foresee.
8.3. Consequences of a Force Majeure Event
Suspension of Performance. SMART VALOR’s obligations under this Agreement shall be suspended for the duration of the Force Majeure Event.
Notification. SMART VALOR shall notify the Client of the occurrence of a Force Majeure Event as soon as reasonably practicable and shall provide periodic updates on its status and expected duration.
Mitigation. SMART VALOR shall take reasonable steps to mitigate the effects of the Force Majeure Event and to resume normal operations as soon as feasible.
Termination Right. If a Force Majeure Event continues for more than ninety (90) days and materially prevents either party from performing its obligations, either party may terminate the Agreement by written notice without liability to the other party.
9. ACCOUNT SECURITY AND CUSTODY
Clients must maintain the confidentiality of account credentials and enable two-factor authentication (2FA).
SMART VALOR may implement withdrawal limits, transaction freezes, or enhanced verification for security reasons.
Digital Assets are stored in hot and cold wallets, using segregation and multi-signature protocols. Custody arrangements may include third-party providers and insurance, where available.
SMART VALOR is not liable for losses due to Client negligence (e.g., compromised passwords, phishing).
10. AML / KYC COMPLIANCE
10.1. Verification Requirements
SMART VALOR conducts Know-Your-Customer (KYC) and Anti-Money Laundering / Counter-Terrorism Financing (AML / CTF) checks before and during the Client’s use of the VALOR Platform.
Clients agree to provide complete, accurate, and up-to-date identity documents, proof of residence, and—where required—source-of-funds or source-of-wealth documentation.
SMART VALOR may, at its sole discretion, require enhanced due diligence (EDD), including additional documentation, interviews, or verification steps.
The Client must immediately inform SMART VALOR of any change to personal, corporate, or beneficial-ownership information supplied during onboarding.
10.2. Ongoing Monitoring
SMART VALOR reserves the right to monitor transactions and account activity on a continuous basis to detect suspicious behaviour or unusual activity.
Service levels, transaction limits, or withdrawal capabilities may be adjusted at any time based on the Client’s verification status, risk profile, jurisdiction, or transactional behaviour.
SMART VALOR may use automated and manual screening tools—including sanctions, PEP, fraud-monitoring, and blockchain-analytics systems—to evaluate activity in accordance with its AML / CTF policies.
Where suspicious or unusual activity is detected, SMART VALOR may temporarily suspend, restrict, or freeze a Client Account pending review.
10.3. Consequences of Non-Compliance
Failure by the Client to comply with AML / CTF requirements may lead to any or all of the following actions:
Suspension or termination of the Client’s Account;
Freezing of funds or digital-asset balances pending clarification or investigation;
Reporting of the Client’s personal data, transaction information, and activity to the competent financial-intelligence and supervisory authorities;
Restriction of deposit, withdrawal, or trading functionality until satisfactory completion of verification or clarification;
Blocking or reversal of transactions deemed suspicious or prohibited; and
Immediate closure of the business relationship where legal or regulatory risk is identified.
SMART VALOR bears no liability for losses arising from actions taken in good faith to comply with AML / CTF obligations.
10.4. Legal Obligations
SMART VALOR complies with all applicable AML / CTF regulations in Switzerland, Liechtenstein, and other relevant jurisdictions, including the Liechtenstein Due Diligence Act (SPG), the Due Diligence Ordinance (SPV), the Swiss Anti-Money Laundering Act, and the EU’s AML Directives and FATF Recommendations.
By using the Platform, the Client acknowledges and accepts that SMART VALOR may collect, store, process, and disclose personal and transactional data as required by law, regulation, or order of a competent authority.
SMART VALOR may retain all KYC / AML records and transaction data for at least the statutory minimum period (generally ten years) following termination of the business relationship.
SMART VALOR cooperates fully with regulators, financial-intelligence units, and law-enforcement agencies in any lawful request, investigation, or proceeding related to money-laundering, terrorist-financing, sanctions breaches, or other financial-crime matters.
Clients expressly consent to such lawful processing and disclosure as a condition of using the Platform.
11. AMENDMENTS
SMART VALOR shall be entitled to amend the provisions of this Agreement and the services offered through the VALOR Platform. Such amendment will be published online on smartvalor.com or by other communication means deemed appropriate by SMART VALOR and shall be deemed accepted unless the Client submits an objection within one (1) month of the date on which the amendment was notified. If the Client objects, they may terminate the Agreement prior to the effective date of the change. (Emergency, security, or legal changes may apply sooner as permitted by law.)
12. TERMINATION
SMART VALOR and the Client shall be entitled to terminate this Agreement at any time without explanation. Upon termination:
• the Client’s right to use the VALOR Platform and any systems or software provided by SMART VALOR shall lapse;
• all outstanding obligations, fees, and liabilities owed to SMART VALOR shall remain enforceable;
• any remaining balances on the Client’s Account shall be withdrawn within seven (7) working days, unless the Account is blocked or frozen in connection with AML / CTF, sanctions, fraud, or other regulatory investigations.
SMART VALOR may retain Client data and disclose such data to competent authorities where required by applicable law or regulation.
12.1. Freezing and Retention of Assets
Upon termination or suspension of a Client’s Account, SMART VALOR may, where required or permitted by applicable law:
• freeze, block, or retain Client funds or Digital Assets for the duration of ongoing investigations, regulatory proceedings, or legal obligations;
• use retained assets to satisfy outstanding fees, liabilities, or enforcement actions;
• delay or restrict withdrawals until the resolution of compliance checks, court orders, or instructions from competent authorities.
12.2. Client’s Continuing Obligations
Termination of the Agreement does not release the Client from any obligations incurred prior to termination, including tax liabilities, reporting duties, or cooperation with investigations.
12.3. Consumer Right of Withdrawal for Non-Trading Services
12.3.1. Scope. Where the Client is a consumer and SMART VALOR provides non-trading services (e.g., wallet or custody services not involving immediate execution of orders), the Client may withdraw from such non-trading services within 14 days of entering into the relevant service relationship without giving any reason, subject to applicable law.
12.3.2. Exclusions. The right of withdrawal does not apply to trading or order execution in digital assets, given the price volatility and instant execution nature of digital-asset transactions.
12.3.3. Withdrawal Process. To exercise this right, the Client must send a clear statement (e.g., by email) identifying themselves and the service to be withdrawn. If the Client requests the start of non-trading services during the withdrawal period and later withdraws, the Client remains liable for proportionate charges for services actually provided until withdrawal takes effect.
12.3.4. Effects. Upon valid withdrawal from non-trading services, SMART VALOR will unwind the service in accordance with applicable law and return any Client assets or funds held, subject to lawful holdbacks (e.g., fees, chargebacks, or regulatory retention obligations).
13. TAX OBLIGATIONS
13.1. Client Responsibility
Clients are solely responsible for determining, reporting, and paying any and all taxes, duties, or similar governmental assessments arising from their use of the Platform, including but not limited to income, capital gains, value-added, sales, or withholding taxes.
13.2. No Tax Advice
SMART VALOR does not provide tax, legal, or accounting advice. Any information available on the Platform, including statements regarding transactions, balances, or performance, is provided for informational purposes only and may not be relied upon for tax reporting.
13.3. Cooperation with Authorities
SMART VALOR may, where required by applicable law, provide Client data or transaction records to tax or other competent authorities. Clients agree to provide any documentation reasonably requested by SMART VALOR to ensure compliance with tax obligations.
14. NO INSURANCE / NO BANKING RELATIONSHIP
14.1. No Deposit Guarantee
The Client acknowledges and agrees that their Account with SMART VALOR is not a bank account, deposit account, savings account, or any other form of financial account. Digital Assets and fiat funds held with SMART VALOR are not insured by any government agency, deposit insurance scheme, investor compensation scheme, or other protection fund in Switzerland, Liechtenstein, the European Union, the United States, or any other jurisdiction.
14.2. No Fiduciary or Custodial Duties Beyond Agreement
SMART VALOR does not act as the Client’s trustee, custodian, fiduciary, or investment adviser, except to the limited extent explicitly set out in these Terms.
14.3. Acknowledgment
The Client acknowledges that they bear sole responsibility for the safekeeping and management of their funds and Digital Assets and that SMART VALOR does not guarantee recovery or compensation in the event of insolvency, theft, cyberattack, force majeure, or any other loss event.
15. FEES
15.1. General
Clients agree to pay all fees, commissions, and charges associated with use of the Platform, as published on smartvalor.com or otherwise communicated.
15.2. Fee Schedule
Fees may include, without limitation:
• trading fees (maker/taker);
• withdrawal and deposit fees;
• custody and storage fees;
• service charges for additional products or features.
15.3. Third-Party Fees and Network Costs
Clients acknowledge that third-party fees may apply, including blockchain network fees, bank charges, or custodian fees. SMART VALOR is not responsible for such costs.
15.4. Changes to Fees
SMART VALOR may amend its fee schedule at any time. Updated fees will be published on smartvalor.com. Continued use after changes constitutes acceptance.
15.5. Payment of Fees
SMART VALOR may deduct applicable fees directly from the Client’s Account. Insufficient balances may result in failed transactions.
16. SET-OFF, LIEN & SECURITY INTEREST
To cover any money the Client owes to SMART VALOR under these Terms — such as fees, negative balances, chargebacks, refunds of mistaken payments, or other amounts — SMART VALOR has the right to use funds or Digital Assets that are already in the Client’s Account.
SMART VALOR may deduct, hold, or offset part of the Client’s balance, or delay a withdrawal, until any outstanding obligations are settled.
SMART VALOR will always exercise these rights reasonably and only when necessary to satisfy amounts that are properly due.
17. INTELLECTUAL PROPERTY
17.1. Ownership
All intellectual property in the VALOR Platform, including software, code, design, databases, documentation, trademarks, and logos, belongs to SMART VALOR or its licensors.
17.2. Limited License
SMART VALOR grants Clients a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Platform in accordance with these Terms.
17.3. Restrictions
Clients shall not:
• copy, modify, or distribute the Platform;
• reverse engineer, decompile, or attempt to extract source code;
• use bots, spiders, scrapers, or automated tools without authorization;
• remove or alter copyright or proprietary notices;
• use SMART VALOR’s trademarks without consent.
17.4. Reservation of Rights
All rights not expressly granted are reserved by SMART VALOR.
18. PROHIBITED USE
18.1. Unlawful Activities
Clients may not use the Platform for:
• money laundering, terrorist financing, or sanctions evasion;
• market manipulation, wash trading, spoofing, layering, pump-and-dump schemes;
• fraud, identity theft, misrepresentation;
• distribution of malware or harmful code.
18.2. Technical Misuse
Clients shall not:
• attempt to bypass security or access controls;
• overload, disrupt, or interfere with the Platform (including DoS / DDoS attacks);
• engage in unauthorized scraping or data harvesting;
• misuse APIs, bots, or automated tools in violation of policies.
18.3. Consequences
SMART VALOR may suspend, freeze, or terminate Accounts engaged in prohibited use and report such activity to authorities.
18.4. Export Controls and Sanctions Compliance
Clients may not use the Platform in violation of any applicable export control, trade, or financial sanctions laws, including those administered by Switzerland, Liechtenstein, the European Union, the United Nations, or the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). It is the Client’s responsibility to ensure that their use of the Platform complies with all such laws and regulations.
19. COMMUNICATION
19.1. Electronic Communications
By accepting this Agreement, the Client consents to receive notices, disclosures, and communications electronically via email, the Platform, or postings on smartvalor.com.
19.2. Deemed Receipt
Electronic communications are deemed received upon dispatch, regardless of whether the Client actually reads them.
19.3. Responsibility
Clients must maintain a valid email address and monitor communications. SMART VALOR bears no liability for missed notices due to Client inaction.
19.4. Monitoring and Recording of Communications
To the extent permitted by applicable law, SMART VALOR may monitor, log, and record communications (including telephone calls, chat, email, and in-product messages) and access logs related to the Client’s use of the Platform for purposes including security, training, quality assurance, regulatory compliance, dispute resolution, and fraud prevention. The Client consents to such monitoring and recording and acknowledges that such records may be used as evidence.
20. CONFIDENTIALITY AND PERMITTED DISCLOSURES
20.1 Confidentiality
SMART VALOR treats Client information as confidential and will not disclose it to third parties except as allowed under these Terms or required by law.
20.2. Permitted Disclosures
The Client authorizes SMART VALOR to disclose Client information:
(a) to regulators, courts, law enforcement, tax authorities, and other competent authorities where required or permitted by law, including cross-border disclosures;
(b) to financial institutions, payment service providers, custodians, system operators, and other service providers engaged by SMART VALOR for the provision of services (including cloud, IT security, analytics) under confidentiality and data-protection obligations;
(c) to affiliates of SMART VALOR on a need-to-know basis for operational, risk, compliance, or support purposes;
(d) as reasonably necessary to prevent fraud, enforce these Terms, protect the rights and safety of users or the public, or in connection with corporate transactions (e.g., merger, acquisition, reorganization), subject to confidentiality.
20.3. Data Protection
Disclosures under this Section shall comply with applicable data-protection laws and SMART VALOR’s Privacy Policy.
21. ELECTRONIC RECORDS AND SIGNATURES
21.1. Consent to Electronic Records
By using the Platform, the Client consents to the use of electronic communications, records, and signatures. This includes, without limitation, electronic acceptance of this Agreement and any amendments, disclosures, notices, or communications provided by SMART VALOR.
21.2. Legal Effect
Electronic signatures, including clicking “I Agree,” checking a box, or continuing to use the Platform after being presented with updated Terms, constitute valid and binding acceptance of this Agreement and have the same legal effect as a handwritten signature.
21.3 Delivery and Retention
Clients agree that electronic delivery of documents and records satisfies any legal requirement for such records to be “in writing.” Clients are responsible for maintaining copies of electronic communications and records provided by SMART VALOR.
22. ASSIGNMENT
The Client may not assign or transfer any rights or obligations under this Agreement without SMART VALOR’s prior written consent. Unauthorized assignments are void.
SMART VALOR may assign or transfer this Agreement, in whole or in part, including rights and obligations, to affiliates, successors, or acquirers without consent.
23. SUPPORTED ASSETS AND AVAILABILITY
23.1. Supported Assets
SMART VALOR, at its sole discretion, determines which Digital Assets, fiat currencies, products, or features are supported on the Platform. A current list of supported assets is available on smartvalor.com and may be updated from time to time.
23.2. Suspension and Delisting
SMART VALOR may suspend, restrict, or permanently remove any Digital Asset, fiat currency, product, or feature from the Platform at any time, without prior notice, due to market conditions, regulatory requirements, technical issues, or other reasons deemed appropriate by SMART VALOR.
23.3. No Guarantee of Availability
SMART VALOR does not guarantee that any particular Digital Asset, fiat currency, or feature will remain available or continue to be supported in the future. The Client is solely responsible for monitoring updates and withdrawing unsupported assets in accordance with instructions provided by SMART VALOR.
23.4. Trading Mechanics, Errors & Network Events
Trading rules (including order handling, halts, cancellations / error corrections), the treatment of forks / airdrops, and policies on unsupported deposit recovery and mistaken transfers are governed by the Exchange Rule Book, which is incorporated by reference and forms part of these Terms.
23.5. Trading Fallback and Error-Correction
23.5.1 Primacy of Rule Book. Trading mechanics are governed by the Exchange Rule Book.
23.5.2 Fallback Rules. If the Rule Book is silent, ambiguous, or inapplicable, SMART VALOR may, acting reasonably and in good faith:
(a) cancel or reverse an executed or pending order that resulted from an obvious error (including typographical, system, or pricing error) or system fault;
(b) adjust trade details to reflect the fair and reasonable outcome that would have occurred absent the error or fault;
(c) suspend or halt trading or specific functionality to protect market integrity, clients, or the Platform;
(d) decline or return unsupported or improperly formatted deposits and charge a reasonable recovery fee (if recovery is possible) as set out in the Rule Book or notified to the Client.
23.5.3 Notice. Where practicable, SMART VALOR will notify affected Clients of corrective actions taken under this Section.
23.5.4 Client Cooperation. The Client shall cooperate with SMART VALOR in good faith to implement any corrective actions (including returning or re-transmitting assets where necessary) and authorizes SMART VALOR to make corresponding account adjustments.
24. REGULATORY INFORMATION
24.1. Jurisdiction and Entity
SMART VALOR AG operates under the laws of Liechtenstein. The Platform and services are made available by SMART VALOR AG or its affiliates, as applicable.
24.2. Licensing Status
SMART VALOR is not a bank, securities dealer, investment firm, or deposit-taking institution, unless expressly licensed as such under applicable law. The Platform is operated as a virtual asset service provider (VASP) and is subject to applicable financial market and anti-money-laundering regulations.
24.3. Scope of Services
Services are limited to those expressly described in these Terms. No additional regulatory protections apply beyond those mandated by applicable law and expressly set out herein.
24.4. Regulatory Disclosures
SMART VALOR may publish jurisdiction-specific disclosures, risk notices, and product availability information on smartvalor.com. By using the Platform, the Client acknowledges and agrees to review and comply with such disclosures as updated from time to time.
25. RECORD-KEEPING AND AUDIT RIGHTS
25.1. Record Maintenance
SMART VALOR maintains records of Client information, transactions, communications, and other relevant data as required by applicable law, regulatory guidance, and internal compliance policies.
25.2. Disclosure to Authorities
SMART VALOR may disclose such records to competent authorities, regulators, auditors, or law enforcement agencies upon lawful request or when deemed necessary to comply with legal or regulatory obligations.
25.3. Audit Rights
SMART VALOR reserves the right to conduct internal reviews and audits of Client activity, including but not limited to account usage, transaction history, and source of funds, in order
26. GOVERNING LAW AND DISPUTES
This Agreement and any dispute, claim, or controversy arising out of or relating to it, including its validity, interpretation, performance, breach, or termination, shall be governed by and construed in accordance with the substantive law of Liechtenstein, without regard to conflict-of-law principles.
The parties shall first attempt to resolve disputes through good-faith negotiations. If no resolution is reached within a reasonable period, the dispute shall be submitted to the competent courts of Liechtenstein, unless the parties agree in writing to resolve the matter through binding arbitration.
Consumer-law saving (EEA / Liechtenstein). Nothing in these Terms limits any mandatory consumer rights the Client has under the laws of their habitual residence. To the extent of any conflict, those mandatory rights prevail.
27. SURVIVAL
The following provisions survive termination of this Agreement:
Section 5 (No Warranty);
Section 6 (Risks);
Section 7 (Liability);
Section 7.1 (Indemnity);
Section 8 (Force Majeure);
Section 9 (Account Security and Custody);
Section 10 (AML / KYC Compliance);
Section 15 (Fees);
Section 16 (Set-off, Lien & Security Interest);
Section 17 (Intellectual Property);
Section 18 (Prohibited Use);
Section 19 (Communication);
Section 20 (Confidentiality and Permitted Disclosures);
Section 22 (Assignment);
Section 26 (Governing Law and Disputes);
Section 28 (Governing Version); and
This Section 27 (Survival).
All other provisions cease to apply upon termination.
28. GOVERNING VERSION
This Agreement may be translated into other languages for convenience. In case of inconsistency, the English version prevails as legally binding.
29. FINAL PROVISIONS
This Agreement, together with any referenced documents, constitutes the entire agreement between the Client and SMART VALOR and supersedes all prior or contemporaneous understandings, agreements, or representations.
If any provision of this Agreement is held invalid, illegal, or unenforceable, such provision shall be replaced with a valid and enforceable one that most closely reflects the original intent, and the remaining provisions shall remain in full force and effect.
The failure of SMART VALOR to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.