TERMS OF SERVICE
(OFFICIAL MOBILE APPLICATION)

PLEASE READ THESE TERMS OF SERVICE (HEREINAFTER THE “TERMS”) CAREFULLY. BY CLICKING TO ACCEPT, OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN EITHER DIRECTLY OR INCORPORATED BY REFERENCE. BY PURCHASING TANGEM WALLET OR BY USING TANGEM WALLET, OR BY USING TANGEM’S MOBILE APPLICATION, YOU DEMONSTRATE YOUR AGREEMENT TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

1. DEFINITIONS

“Blockchain Asset” refers to digital assets, including but not limited to cryptocurrencies, that can be managed through the Tangem Wallet.

“Blockchain Address” means a unique identifier that serves as a virtual location of the Blockchain Asset in the blockchain.

“DeFi Protocols” means decentralized finance protocols operated by independent third parties on public blockchain networks, such as protocols that enable users to allocate Blockchain Assets for liquidity provision or lending activities.

“Official Mobile Application” means a non-custodial technical software interface developed and distributed by Tangem, providing interoperability between Tangem Wallet and (a) a blockchain or DeFi Protocol, and (b) Third-Party Services, working on NFC-capable smartphones and tablets using Google Android and Apple iOS operation systems.

“Official Website” means the website owned and operated by Tangem, located at https://tangem.com, and all of its subdomains.

“Privacy Policy” means a document that explains how Tangem collects, handles, stores, and protects the personal information of its users located at: https://tangem.com and incorporated herein by reference.

“Private Key” means a secret cryptographic key which provides full control over the Blockchain Assets associated with a Blockchain Address.

“Public Key” means a cryptographic key, which provides access to information about a Blockchain Address.

“Recovery Phrase” means a recovery phrase (also known as a seed phrase) that acts as a key to unlock access to a Private Key. A Recovery Phrase is generated automatically upon creation of a Software Wallet. For a Tangem Wallet, a Recovery Phrase is optional and exists only if generated and set up by User.

“Services” means the purchase and/or use of Tangem Wallet, the creation and/or use of a Software Wallet and the services or any other features, technologies or functionalities linked to a Wallet provided or operated by Tangem via the Official Website or Official Mobile Application, excluding any Third-Party Services, which are provided solely by independent third parties under their own terms.

“Software Wallet” means a wallet created within the Official Mobile Application in which the Private Key and Recovery Phrase are generated and stored on User’s own mobile device, without the use of a Tangem Wallet.

“Tangem” means Tangem AG, a company incorporated under the laws of Switzerland (registration number: CHE-390.112.525), with a registered address at Baarerstrasse 10, CH-6300 Zug.

“Tangem Wallet” means physical card, ring or any other physical device which stores the Private Key and Public Key associated with a Blockchain Address and/or can be used as a backup card.

“Transaction” means transfers of Blockchain Asset from the Blockchain Address associated with the Public Key stored on the Tangem Wallet.

“User” refers to an individual who owns a Tangem Wallet or uses the Official Mobile Application.

“Wallet” means a Tangem Wallet, a Software Wallet, or both, as the context requires.

2. DISCLAIMER

2.1. Blockchain Assets are virtual currencies, digital representations which may or may not represent access to real-world assets or claims, and that are neither issued by a central bank of any state or public authority attached to a conventional currency, but may be used by any natural or legal persons as a means of exchange and can be transferred, stored or traded electronically.

2.2. Blockchain technologies and related services are subject to continuous regulatory changes and scrutiny around the world, including but not limited to sanctions, anti-money laundering and financial regulations. Given the peer-to-peer nature of blockchain transactions, there is no way to determine whether the counterparty to any transaction is a sanctioned person. User acknowledges that certain Services, including their availability, could be impacted by one or more regulatory requirements.

2.3. There is considerable exposure to risk in the Blockchain Asset exchange transaction. Any transaction involving the Blockchain Asset involves risks including, but not limited to, the potential for changing economic conditions that may substantially affect the price or liquidity of the Blockchain Asset. Transactions in Blockchain Assets may also be susceptible to sharp rises and falls as the relevant market values fluctuate. Don’t engage in any Transaction involving a Blockchain Asset unless you are prepared to lose all of the money involved. This is a high-risk activity, and you are unlikely to be protected if something goes wrong.

2.4. Tangem does not have the ability to reverse a transaction that is submitted to a blockchain protocol. User is responsible for ensuring that any Transaction details are accurate and complete. Tangem does not have the ability to review the accuracy of Transactions, and is not responsible for any losses due to User errors, including an incorrectly constructed Transaction. Further, User acknowledges that since smart contracts typically cannot be stopped or reversed, vulnerabilities in their programming and design or other vulnerabilities that may arise due to hacking or other security incidents can have adverse effects to Blockchain Assets, including but not limited to significant volatility and risk of loss.

2.5. No part of the information herein or on the Official Mobile Application should be considered to be business, legal, financial or tax advice. The User should consult their own legal, financial, tax or other professional advisor regarding the matter. Tangem does not have a fiduciary relationship or obligation to the User regarding any decisions or activities effected when using the Services. No advice or information, whether oral or written, obtained from Tangem, or through the Services, will create any warranty or representation not expressly made herein.

2.6. By using the Services, User represents that Tangem is not responsible for providing any tax information or tax reporting, and User agrees that it is responsible for determining the amount of, reporting and paying any and all taxes, duties and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Services, including any Transactions.

2.7. Non-custodial nature. Tangem provides non-custodial wallet software only. Tangem is not a bank, broker, exchange, money services business, or other financial institution, and does not provide regulated financial services. Tangem does not custody, control, or possess User assets and does not execute transactions on User’s behalf.

3. GENERAL PROVISIONS

3.1. These Terms are legally binding and govern User’s use of the Services.

3.2. Tangem Wallet may be used for storage of Private Key and Public Key to User’s Blockchain Assets and authentication of Transactions with the purpose of “peer-to-peer” transfer of Blockchain Assets to another blockchain address.

3.3. Official Mobile Application may be used with a Tangem Wallet, in which case it provides interoperability between Tangem Wallet and (a) a blockchain or DeFi Protocol, and (b) Third-Party Services, via NFC interface,. or to create and use a Software Wallet, in which case no Tangem Wallet and no NFC interface is required; Official Mobile Application DOES NOT:

3.3.1. In respect of a Tangem Wallet, generate, store, transmit, or have access to private (secret) cryptographic keys to Blockchain Addresses holding Blockchain Assets.

3.3.2. In respect of a Tangem Wallet, generate, store, transmit, or have access to secret keys, passwords, passphrases, recovery phrases that can be used to restore or to copy private (secret) keys to Blockchain Addresses holding Blockchain Assets.

3.3.3. Provide exchange, brokerage, trading, investment, payment, remittance, or fiat on-ramp/off-ramp services on behalf of Tangem. Any such services are provided solely by Third-Party Services under their own terms.

For the avoidance of doubt, where User creates and uses a Software Wallet, the Private Key and Recovery Phrase are generated and stored locally on User’s own device. All such processing occurs exclusively on that device. Neither Tangem nor Tangem’s infrastructure receives, transmits, stores or has access to User’s Private Key, Recovery Phrase, or any password, passphrase or backup, at any time.

3.4. The Official Mobile Application is used to generate messages that are sent from your mobile device directly to the relevant blockchain, DeFi Protocol, or other Third-Party Service, as applicable. Transactions take place directly on the relevant blockchain network, or between User and the relevant Third-Party Service provider, as applicable. User acknowledges and agrees that Tangem is not party to any transactions conducted while using the Tangem Wallet or the Official Mobile Application, and does not have possession, custody or control over any Blockchain Assets. Tangem does not have possession or control of any Blockchain Assets (including staking rewards, earnings through yield protocols, or funds or positions held with a Third-Party Service provider), and is unable to initiate or block transactions on your behalf, except as otherwise described in Section 9.

3.5. When using the Official Mobile Application, Users are able to construct and determine, at the User’s own discretion, the parameters that will apply to Transactions. Tangem is not advising on the merits of any particular transaction or its tax or legal consequences. User is solely liable for any transactions conducted using the Official Mobile Application, including all financial and tax consequences thereof. Tangem is not responsible for indicating, alerting or warning against any such matters. No content made available through the Official Mobile Application or the Official Website is intended as tax, legal, financial or investment advice, and nothing thereon should be construed as an offer to enter into any transaction or to buy or sell a security or other financial product or a solicitation, recommendation or advice in relation to any transaction. User agrees that it is not entering into an advisory relationship with Tangem.

3.6. User represents and warrants that it is not a person or entity that is (a) the subject of any economic or trade sanctions administered or enforced by any governmental authority, including being designated on any list of prohibited or restricted parties published by the Swiss State Secretariat for Economic Affairs (SECO), the U.S. Treasury Department’s Specially Designated Nationals List (OFAC), the U.S. Department of Commerce Denied Persons or Entity Lists, the EU Consolidated List, the UK Consolidated Sanctions List, or the United Nations Security Council Sanctions List; (b) located in, a resident of, or organized in any jurisdiction or territory subject to comprehensive country-wide economic sanctions or designated as terrorist-supporting by Switzerland, the European Union, the United Kingdom, the United States, or the United Nations; or (c) owned or controlled, directly or indirectly, by, or acting on behalf of, any such designated persons or entities.

3.7. User acknowledges and agrees that it is solely responsible for complying with all applicable laws of the jurisdiction in which User is located in connection with use of the Services.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. License Grant. Subject to your compliance with these Terms, Tangem grants you a limited, non-exclusive, revocable, non-assignable, and non-sublicensable license to download and install a copy of the Official Mobile Application onto a compatible device that you own and control, and to use such copy of the Official Mobile Application solely for your personal, non-commercial use in conjunction with a Wallet. Tangem reserves all rights in the Official Mobile Application not expressly granted to you in these Terms.

4.2. Ownership. The Official Mobile Application is licensed, not sold, to you. You agree that Tangem and its licensors own all rights, title, and interest in and to the Official Mobile Application, including all intellectual property rights therein. Tangem retains ownership of all copies of the Official Mobile Application even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark, or other proprietary rights notices that may appear in the Official Mobile Application.

4.3. Restrictions. Except as expressly specified in these Terms, you may not: (a) copy, modify, or create derivative works of the Official Mobile Application; (b) sell, rent, lease, distribute, transfer, sublicense, or otherwise assign any rights to the Official Mobile Application to any third party; (c) make the Official Mobile Application available over a network where it could be used by multiple devices at the same time; or (d) disassemble, decompile, reverse-engineer, or attempt to derive the source code of the Official Mobile Application, except to the extent such activities are expressly permitted by law.

4.4. Updates. Tangem is not obliged to maintain or support the Official Mobile Application, or to provide you with updates or upgrades. You acknowledge that Tangem may, in its sole discretion, issue updates or upgrades and may automatically update or upgrade the version of the Official Mobile Application that you are using. You consent to such automatic updating and agree that these Terms will apply to all such updates.

4.5. Termination of License. The license granted hereunder is effective until terminated. The license will terminate automatically without notice from Tangem if you breach any provision of these Terms. Upon termination, you must cease all use of the Official Mobile Application and promptly delete all copies of it.

4.6. Reservation of Rights. These Terms confer only the right to use the Official Mobile Application while these Terms and the specified license are in effect, and they do not convey any rights of ownership. All rights, title, and interest in the Official Mobile Application, including any copyrights, patents, and trade secrets, will remain the sole property of Tangem.

4.7. Patent. The technology incorporated in our Products and Services—including systems for authorizing transactions, transferring secret data, and wearable secure signing devices—is protected by issued patents and pending patent applications in the United States, European Union, and other international jurisdictions. All rights, including any future filings, belong exclusively to Tangem AG.

4.8. Trademarks. “Tangem,” the Tangem logo, and other names, marks, and logos used in connection with the Services are trademarks or trade names of Tangem AG. Nothing in these Terms grants User any right, license, or interest in Tangem’s trademarks, and User may not use, reproduce, or display any Tangem trademark without Tangem’s prior written consent. Other trademarks, service marks, and trade names that may appear in the Services, including those of Third-Party Service providers referenced in Section 9, are the property of their respective owners, and their appearance does not imply any affiliation with or endorsement by such owners unless expressly stated.

5. COSTS

5.1. Costs, including network or protocol fees (such as blockchain “gas” fees), may be charged in connection with the use of a Wallet. The total amount payable by User for a Transaction is disclosed within the Official Mobile Application. Although Tangem will attempt to provide accurate information regarding Costs charged by third parties, any such information reflects Tangem’s estimate, which may vary from the amount actually charged in connection with a Transaction. Tangem is not responsible for any Costs charged by a third party. Fees, commissions, or rebates that Tangem may charge or receive in connection with Third-Party Services are governed by Clause 9.1.6, and may not be itemized separately from the total amount disclosed to User.

5.2. User is responsible for reviewing and accepting all applicable fees before engaging in any Transaction. All Transactions are executed on the relevant blockchain network and/or via Third-Party Services and are generally irreversible and non-refundable. Tangem does not process or reverse Transactions.

6. TANGEM WARRANTIES

6.1. Tangem Wallet Warranty. Under the condition that User exercises the duties of care as stated in Clause 7.1 hereof, Tangem guarantees that Tangem Wallet will function properly and without restriction for a period of 25 (twenty-five) years. In the event of a breakdown of Tangem Wallet without it being the fault of User due to reasons mentioned in Clause 7.1 hereof, Tangem will replace Tangem Wallet with a new one. User shall inform Tangem on the event of a breakdown by sending an e-mail to support@tangem.com. If failed to resolve with support team of Tangem, User shall wait for instructions on safe shipping of Tangem Wallet. This warranty is limited to the physical hardware of the Tangem Wallet and its cryptographic functionality, and the sole remedy under this Clause 6.1 is repair or replacement of the Tangem Wallet. It does not extend to, and Tangem has no liability for, any loss of Blockchain Assets, Private Keys, Recovery Phrase, or other data. Replacement of a Tangem Wallet under this warranty does not restore access to Blockchain Assets associated with the original device; User’s ability to restore such access depends on other means available to User, including a linked backup card or a Recovery Phrase, if any. This warranty applies only to Tangem Wallet devices purchased through Tangem’s Official Website or an authorized reseller listed on the Official Website.

6.2. Service Discontinuation and Fund Accessibility. User acknowledges that the Official Mobile Application is the primary interface for managing the Tangem Wallet. In the event Tangem discontinues support for the Official Mobile Application, and provided User has generated and stored a Recovery Phrase, the User’s access to their Blockchain Assets is not lost: the User can use their Recovery Phrase to restore access to their Private Keys and associated Blockchain Assets in any third-party wallet application that supports the same industry standards (e.g., BIP39). Where User has not set up a Recovery Phrase, this restoration method will not be available to User, and User is solely responsible for any alternative backup or recovery arrangements. The 25-year warranty in Clause 6.1 applies exclusively to the physical integrity and cryptographic functionality of the Tangem Wallet’s chip and does not guarantee the perpetual availability of the Official Mobile Application.

6.3. No access to critical data. Tangem does not have access to, collect, or store any personal financial data, including but not limited to credit card information, bank account details, or transaction histories associated with identifiable users. Additionally, Tangem’s core principle is that the User has full control over their assets. Tangem does not have access to and does not store the User’s Private Keys or Recovery Phrase.

6.4. To provide and improve the Services, including for purposes such as sending push notifications about transaction statuses, Tangem may collect and process a limited set of technical and usage data. The collection and processing of any personal data are performed strictly to deliver the functionality of the Services and are governed by the User’s consent and the terms of our Privacy Policy. For a detailed description of the data we collect and the purposes for its use, please refer to our Privacy Policy.

6.5. No Centralized Backup. Tangem does not store, hold, or provide any backup or recovery of a User’s Private Key or Public Key. User may, at their own initiative, link additional physical Tangem Wallet devices as backup cards, generate a Recovery Phrase or in case of a Software Wallet, create an encrypted Cloud Backup in accordance with Clause 6.7, to create redundant means of accessing their Blockchain Assets. Tangem has no role in, and no responsibility for, User’s decision to use, or not use, any such option.

6.6. No duplication. The Tangem Wallet’s chip is designed to prevent the direct extraction, cloning, or duplication of the Private Key stored within its secure element. Where a Software Wallet is used, the Private Key is stored on User’s own device and is protected only by the security of that device. However, User acknowledges that the Recovery Phrase allows for the restoration of the Private Keys on other devices. The User is solely responsible for the secure storage and handling of their Recovery Phrase to prevent unauthorized access and duplication of their wallet.

6.7. Cloud Backup. Cloud Backup is an optional feature available in respect of a Software Wallet, which allows User to create an encrypted copy of User’s Recovery Phrase and store it in User’s own cloud storage account. Cloud Backup does not apply to a Tangem Wallet. The following terms apply:

6.7.1. The backup is encrypted on User’s device using a password created by User and is stored in User’s own iCloud or Google Drive account. Tangem does not receive, transmit or store User’s password or the contents of the backup, and the backup is not stored on Tangem’s servers.

6.7.2. User is solely responsible for the backup password. Tangem has no technical means of accessing, recovering or resetting it under any circumstances. If User loses or forgets the password, or loses access to the cloud account in which the backup is stored, the backup cannot be decrypted or restored. Where User has no other copy of the Recovery Phrase, the Software Wallet and any Blockchain Assets accessible through it will be permanently inaccessible.

6.7.3. User may choose to store the backup password in a password manager or by any other means. Any such choice, and the security of the method chosen, is User’s responsibility.

6.7.4. A backup created on iOS can only be restored on iOS, and a backup created on Android can only be restored on Android. Cloud Backup is not a cross-platform recovery method.

6.7.5. The backup file is stored in User’s own cloud storage account, under a contract between User and User’s cloud provider. Tangem is not responsible for the availability, security, retention or continuity of that account or service, including where the backup file is deleted, lost or rendered inaccessible by User, by the provider, or by another application with access to that storage.

6.7.6. User may delete the backup at any time. The Official Mobile Application will also delete the backup automatically in certain circumstances, including upon upgrade to a Tangem Wallet and upon use of the “forget this wallet” function. Once deleted, a backup cannot be restored by Tangem.

6.7.7. Cloud Backup is a convenience feature and is not a substitute for User keeping their own record of the Recovery Phrase.

7. USER RESPONSIBILITIES

7.1. User has the following duties of care. Clauses 7.1.1 to 7.1.10 apply where User holds a Tangem Wallet. Clauses 7.1.11 and 7.1.12 apply to any Wallet.:

7.1.1. Upon receiving the Tangem Wallet, User should download Official Mobile Application in order to create the backup and if applicable determine the amount of Blockchain Asset stored through Official Mobile Application.

7.1.2. User shall keep the means of access and Tangem Wallet with care and all Tangem Wallets separate from each other.

7.1.3. User must always know where Tangem Wallet is and regularly ensure that it is still in their possession. User shall be the only person having physical access to Tangem Wallet and avoid even temporary possession of Tangem Wallet by any other person.

7.1.4. User shall treat Tangem Wallet in the same manner as physical money (cash) and keep it safe. If Tangem Wallet is lost, stolen or destroyed, and User has not linked a backup card or generated a Recovery Phrase, control over the corresponding Private Keys and any Blockchain Assets in any associated Blockchain addresses may be permanently lost.

7.1.5. Before using the Tangem Wallet with Official Mobile Application, User shall locate Official Mobile Application in Google Play or Apple app store and install it as instructed in the Tangem Wallet box.

7.1.6. Tangem Wallet shall be used only with Official Mobile Application and as instructed in the Tangem Wallet box.

7.1.7. Official Mobile Application shall be the only source of information about the Blockchain Address of the Blockchain Asset and corresponding Public Key stored on Tangem Wallet.

7.1.8. User shall only use Near-Field Devices (the “NFC”) devices that are capable of running Official Mobile Application. They shall avoid leaving Tangem Wallet in the proximity of the NFC devices of other persons.

7.1.9. Tangem Wallet shall be used only for physically tapping and holding near User’s NFC device when Official Mobile Application requests it.

7.1.10. User shall keep Tangem Wallet with care and protect Tangem Wallet from mechanical damage, high temperatures, strong electromagnetic fields, and other harmful factors.

7.1.11. If User has generated a Recovery Phrase, User is solely responsible for remembering it and storing it in a secure location, away from prying eyes. Any third party with knowledge of User’s Recovery Phrase can gain control of the Private Keys associated with User’s Wallet, and therefore steal User’s Blockchain Assets, without any possibility for User or Tangem to retrieve them.

7.1.12 If User has created a Cloud Backup, User is solely responsible for the backup password and for retaining access to the cloud account in which the backup is stored. Tangem cannot recover either.

7.2. User is liable for all liabilities arising from the use of Tangem Wallet and/or Tangem Official Mobile Application. Any disputes in relation to discrepancies and complaints about goods or services and any resulting claims must be settled directly by User with the respective reseller.

7.3. As a matter of principle, User is liable for any risks resulting from the misuse of Tangem Wallet and/or Official Mobile Application. In any case, User is solely liable for all Transactions authorized using a means of access.

7.4. Any loss or damage resulting from the forwarding of Tangem Wallet and/or means of access shall be borne by User.

7.5. Loss or damage incurred by User in connection with the possession or use of Tangem Wallet and/or Official Mobile Application shall be borne solely by User. Except for the obligations set forth in the Tangem Wallet Warranty (Clause 6.1), Tangem assumes no liability if Tangem Wallet and/or Official Mobile Application cannot be used due to a technical defect or because it has been canceled, blocked or the spending limit has been adjusted.

7.6. User is only permitted to use Tangem Wallet and Official Mobile Application for their personal, non-commercial use. User is not allowed to resell Tangem Wallet.

7.7. Before User engages in Transactions using an electronic system, User should carefully review the rules and regulations of the exchanges offering the system and/or listing the instruments User intends to trade. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. User should understand, fully accept and take on these and additional risks before trading.

7.8. Before initiating any Transactions through third-party resources via widgets or links within the application, User is expressly advised to meticulously review and comprehend the terms, rules, and regulations governing such resources. It is imperative for User to be cognizant of the inherent risks associated with online trading, including variations in system response times, access delays influenced by market conditions, system performance, and other pertinent factors.

7.9. User unequivocally assumes sole responsibility for all actions undertaken, encompassing but not limited to swap transactions, on-ramp, and off-ramp activities, when transitioning to third-party resources through widgets or links within the application. This responsibility extends to compliance with the terms and conditions of the relevant third-party resources and adherence to applicable laws and regulations.

7.10. Tangem explicitly disclaims any affiliation, endorsement, or responsibility for the content, policies, or Transactions on third-party resources, and User interactions with such resources are entirely at their own risk.

7.11. User acknowledges that Tangem Wallet should only be purchased directly from Tangem’s Official Website or from a reseller listed as authorized on the Official Website. Tangem does not verify or guarantee the authenticity, security, or condition of any Tangem Wallet purchased through unauthorized or unverified channels, including third-party marketplaces or resellers not listed on the Official Website. Tangem is not responsible for any loss, compromise, or theft of Blockchain Assets resulting from User’s purchase of a Tangem Wallet through an unauthorized reseller, including devices that may have been tampered with, pre-configured, or counterfeited prior to sale.

8. TANGEM LIMITATION OF LIABILITY

8.1. Except for the express warranties set forth in Clause 6.1 hereof, Tangem Wallet, including without limitation any content, data and information related thereto, is provided on an “as is” basis and “as available” basis, without any warranties of any kind, express or implied warranties of use, merchantability or suitability for a certain purpose or use, including without limitation, the quality of products and services provided by users, third-party services, and/or exchanges (except for the guarantees set forth herein).

8.2. Official Mobile Application is provided on an “as is” basis and “as available” basis without any warranties of any kind regarding Official Mobile Application and/or any content, data, materials and/or services provided on Official Mobile Application. In no event Tangem or contributors to Official Mobile Application are responsible for the actions, decisions, or other behavior taken or not taken by User in reliance upon Tangem Official Mobile Application.

8.3. Tangem and its affiliates, including any of their officers, directors, shareholders, employees, sub-contractors, agents, parent companies, subsidiaries and other affiliates (collectively, the “Tangem Affiliates”), jointly and severally:

8.3.1. disclaim and make no representations or warranties as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness or effectiveness of any content, data, results or other information obtained or generated by Tangem and/or any user related to the User or any other user of Tangem Wallet, and Official Mobile Application;

8.3.2. do not guarantee that the operation of Tangem Wallet and/or Official Mobile Application will be secure, accurate, complete, uninterrupted, without error or free of viruses, worms, other harmful components or other program limitations. Tangem may, at its sole discretion and without obligation to do so, correct, modify, amend, enhance, improve and make any other changes to Tangem Wallet and/or Official Mobile Application, change, update or suspend the Services, temporarily or indefinitely, so as to carry out works including, but not limited to: software updates, maintenance operations, amendments to the servers, bug fixes, etc. Tangem will make reasonable efforts to give User prior notice of any significant disruption of the Services;

8.3.3. do not guarantee the correct functioning of the Services in the event of the installation or use of programs or applications that do not conform to Service specifications and technical standards.

8.4. Tangem and the Tangem Affiliates, jointly and severally, shall not be held liable for:

8.4.1. any loss of Blockchain Asset in the event of loss or total breakdown of a Wallet;

8.4.2. any failure to be able to use Tangem Wallet and/or Official Mobile Application, for any reason whatsoever, nor will Tangem be held liable for the loss of the Blockchain Asset resulting from a malfunction or inoperability of the blockchain network hosting Blockchain Asset, as well as the inaccessibility of its public servers and services;

8.4.3. any loss of profits, income, value or any damages whatsoever, including direct, indirect, extraordinary, incidental or consequential damages of any kind, but not limited to, resulting from or arising out of the use of Tangem Wallet and/or Official Mobile Application or inability to use Tangem Wallet and/or Official Mobile Application, failure of Tangem Wallet and/or Official Mobile Application to perform as represented or expected, loss of goodwill or profits, or loss of data arising out of or in any way connected with the use of Tangem Wallet and/or Official Mobile Application;

8.4.4. performance or failure of Tangem Wallet and/ or Official Mobile Application to perform under these Terms and any other act or omission by Tangem by any cause whatsoever including without limitation damages arising from the conduct of any users, third party services and/or exchanges;

8.4.5. performance or failure of Tangem Wallet due to any engravings, inscriptions, modifications, or physical alterations (including, but not limited to: trimming, turning, etc.) made to the Product by the User;

8.4.6. any losses, damages or claims arising from events falling within the scope of the following categories: mistakes made by User (e.g., loss or disclosure of a Recovery Phrase, payments sent to wrong addresses, accidental deletion of blockchain wallets); problems of Official Mobile Application and/or any blockchain- or cryptocurrency-related software or service (e.g., corrupted files, incorrectly constructed Transactions, unsafe cryptographic libraries, malware); technical failures in the hardware of User, including Tangem Wallet (e.g., data loss due to a faulty or damaged storage device); security problems experienced by User (e.g., unauthorized access to User’s wallets and/or accounts); and actions or inactions of third parties and/or events experienced by third parties (e.g., bankruptcy of service providers, information security attacks on service providers, fraud conducted by third parties).

8.5. User hereby acknowledges and agrees that these limitations of liability are agreed allocations of risk constituting in part the consideration for using Tangem Wallet and Official Mobile Application and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy, and even if Tangem and/or any Tangem Affiliates has been advised of the possibility of such liabilities and/or damages.

9. THIRD-PARTY SERVICE PROVIDERS

9.1. General. User may access, from within the Official Mobile Application, certain services that are developed, operated, and controlled by independent third parties, including (a) crypto-to-crypto swap interfaces and fiat on-ramp/off-ramp services (“On/Off-Ramp and Swap Services”), (b) staking of Blockchain Assets with third-party validators (“Staking”), (c) allocation of Blockchain Assets into third-party DeFi Protocols (“Yield Services”), and (d) prediction-market style, event-based contracts (“Predictions Service”), (collectively, “Third-Party Services”). This Section 9 sets out terms that apply generally to all Third-Party Services (Clause 9.1), followed by terms specific to each category (Clauses 9.2 through 9.5).

9.1.1. Software Interface Only. The Official Mobile Application serves solely as a non-custodial, user-directed software interface to facilitate User’s interaction with Third-Party Services. Tangem does not act as a broker, dealer, exchange, financial advisor, intermediary, or custodian in relation to any Third-Party Service, and does not provide investment recommendations, price predictions, or personalized financial advice. Each Third-Party Service is developed, operated, and controlled solely by the relevant independent third party, which is solely responsible for its own software, execution, settlement, and outcomes.

9.1.2. No Endorsement. The availability of any Third-Party Service within the Official Mobile Application does not constitute a recommendation, endorsement, or guarantee of suitability, safety, legality, or compliance with User’s jurisdiction. User must independently evaluate and determine whether to use any Third-Party Service.

9.1.3. Third-Party Terms Govern. User’s use of a Third-Party Service is governed by that provider’s own terms and conditions, which may be updated by the provider at any time without notice to Tangem or to User. Tangem is not a party to, and does not control or influence, any agreement User enters into with a Third-Party Service provider, nor the rules, processes, or outcomes of the relevant service. User is solely responsible for reviewing and complying with the applicable third party’s terms and policies before using any Third-Party Service.

9.1.4. Asset Custody. Tangem does not, under any circumstances, take custody of any Blockchain Assets, funds, rewards, or yield associated with a Third-Party Service, and has no control over or responsibility for the operations of any Third-Party Service provider. Depending on the Third-Party Service, User’s Blockchain Assets may be held directly through User’s own Private Keys, or in a self-custodial account maintained with the relevant Third-Party Service provider, which the relevant provider likewise does not custody.

9.1.5. No Guarantees; General Risks. TANGEM MAKES NO PROMISES THAT USER WILL PROFIT FROM, EARN ANY RETURN THROUGH, OR ACHIEVE ANY PARTICULAR OUTCOME FROM ANY THIRD-PARTY SERVICE. Use of Third-Party Services involves inherent risks, which vary by service and are further described in Clauses 9.2 through 9.5 below, and may include technical failures, security incidents, illiquidity, counterparty risk, and regulatory change. User assumes these risks and is solely responsible for understanding, assessing, and accepting them, and for determining whether use of a Third-Party Service is lawful in User’s jurisdiction. Third-Party Services are provided on an “as is” and “as available” basis, without warranties.

9.1.6. Fees. In connection with any Third-Party Service, Tangem may charge User a fee directly, may receive a fee, commission, or rebate from the relevant Third-Party Service provider, or may otherwise participate in revenue generated through User’s use of a Third-Party Service. The applicable fee arrangement — including its amount, structure, and whether it is itemized separately to User or instead reflected in the pricing, exchange rate, or terms quoted by the relevant provider — may vary by Third-Party Service and by provider, and may change from time to time without amendment to these Terms. Where a fee is disclosed to User, such disclosure will be made within the Official Mobile Application at or before the time of the relevant transaction.

9.1.7. Modification and Suspension. Tangem may modify, suspend, block, or remove access to any Third-Party Service, or to a specific provider, at its sole discretion and without prior notice, for technical, legal, operational, or regulatory reasons, including in the event of non-compliance with applicable regulation by a Third-Party Service provider.

9.1.8. Indemnification. User agrees to indemnify and hold Tangem and the Tangem Affiliates harmless from any claims, losses, damages, or liabilities arising from User’s use of any Third-Party Service, including violations of the relevant third party’s terms or applicable law.

9.1.9. Disclaimer of Liability. In addition to the limitations in Section 8, Tangem disclaims all liability for losses or damages related to any Third-Party Service. User uses Third-Party Services at their own risk and acknowledges that non-custodial access does not confer regulatory protections applicable to traditional financial services.

9.1.10. Interpretation. Except as otherwise expressly provided in this Section 9, references to “Services” elsewhere in these Terms — including for purposes of governing law, dispute resolution, entire agreement, and amendments — shall be deemed to include Third-Party Services.

9.1.11. Availability. Third-Party Services may not be available in all languages, and may not be appropriate or available for use in any particular location.

9.2. ON/OFF-RAMP AND SWAP SERVICES

9.2.1. On/Off-Ramp and Swap Services may include, for example, third-party interfaces for crypto-to-crypto swaps and fiat on-ramp/off-ramp services, accessed through links or widgets within the Official Mobile Application.

9.2.2. Functions including, but not limited to, identity verification (KYC), compliance checks (including AML/sanctions), pricing, execution, settlement, and dispute handling for On/Off-Ramp and Swap Services are performed by the applicable third-party provider under its own terms and compliance obligations. Tangem does not perform any of these functions.

9.3. STAKING

9.3.1. Using the Official Mobile Application, User can participate in staking certain supported cryptocurrencies with validators, which may include validators operated by Tangem or by independent third parties, to earn rewards for supporting Proof-of-Stake (POS) networks. The specific assets, validators, and staking mechanics available may vary and may change from time to time without notice. TANGEM OFFERS NO RECOMMENDATIONS OR ADVICE ON STAKING OR THE SELECTION OF VALIDATORS AND RESERVES THE RIGHT TO CHANGE THE LIST OF AVAILABLE ASSETS OR VALIDATORS AT ANY TIME WITHOUT NOTICE.

9.3.2. By staking User’s assets, User acknowledges that delegating staking rights to a validator as listed in the Official Mobile Application does not entitle User to any specific payments but potentially allows User to share in rewards collected by the validator. The delivery of rewards is dependent on the functioning of the respective POS network and is beyond Tangem’s influence.

9.3.3. Staking risks include, but are not limited to, market risk, inflation risk, and the risk of “slashing” by the validator or network. Tangem is not liable for any failures in transferring rewards by supported POS networks, or for any rewards sent to an incorrect wallet address.

9.4. YIELD SERVICES

9.4.1. Using the Official Mobile Application, User may access DeFi Protocols that enable User to allocate Blockchain Assets into liquidity or lending protocols. TANGEM RESERVES THE RIGHT TO CHANGE ACCESS TO ANY DEFI PROTOCOL AT ANY TIME WITHOUT NOTICE. The inclusion of a specific protocol does not imply it is risk-free or compliant with User’s jurisdiction.

9.4.2. Yield Services risks include, but are not limited to: (a) smart contract vulnerabilities, bugs, hacks, or exploits; (b) market volatility, impermanent loss, or liquidation events; (c) protocol governance changes, failures, or disruptions; and (d) loss of access to funds due to technical issues or user error.

9.4.3. The DeFi Protocols integrated with the Official Mobile Application may change from time to time, and their inclusion does not imply endorsement or a guarantee of compliance.

9.5. PREDICTIONS SERVICE

9.5.1. Using the Official Mobile Application, User may access prediction-market style, event-based contracts made available by Blockratize Inc., doing business as Polymarket (“Polymarket”), enabling User to view, fund, and transact in event-based contracts reflecting the likely outcome of real-world events. TANGEM OFFERS NO RECOMMENDATIONS OR ADVICE ON THE PREDICTIONS SERVICE OR ANY EVENT-BASED CONTRACT AND RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ACCESS TO THE PREDICTIONS SERVICE AT ANY TIME WITHOUT NOTICE.

9.5.2. The Official Mobile Application accesses the Predictions Service via application programming interfaces and software development kits made available by Polymarket. Polymarket alone develops, operates, and is solely responsible for the underlying software, markets, market creation, listing, curation, resolution criteria, and settlement of all event-based contracts.

9.5.3. Asset Custody. Positions and funds associated with the Predictions Service are held in a self-custodial account associated with User’s Polymarket account, accessed using User’s Wallet. Polymarket does not take custody of User’s funds, and transactions can only be initiated using User’s Wallet. Polymarket may, in accordance with its own terms and applicable law, restrict, delay, or freeze specific transactions or wallet addresses, including for sanctions screening, fraud prevention, or other legal or regulatory compliance purposes. Tangem has no control over, and no liability for, any such restriction, delay, or freeze.

9.5.4. Polymarket Terms of Use. User’s use of the Predictions Service is subject to Polymarket’s own Terms of Use (available at https://polymarket.com/tos), as may be updated by Polymarket from time to time without notice to Tangem or to User. By using the Predictions Service, User agrees to be bound by the Polymarket Terms of Use in addition to these Terms.

9.5.5. Risks. Predictions Service risks include, but are not limited to: (a) loss of some or all committed funds if prices move against User’s position; (b) finality of settled outcomes; (c) dependence on available liquidity and a willing counterparty to close a position prior to settlement, which may not always be possible; and (d) delay in resolution of an outcome where a market result is disputed through Polymarket’s resolution process.

9.5.6. Eligibility and Geographic Restrictions. The Predictions Service is not available in all jurisdictions. Polymarket implements geographic and other access restrictions, as described at https://docs.polymarket.com/api-reference/geoblock, which may be updated from time to time without notice. Attempting to circumvent any such restriction, including through the use of a virtual private network (VPN) or similar technology, is a violation of these Terms and the Polymarket Terms of Use, and may result in restriction, suspension, or freezing of User’s account or funds, in each case without any liability to Tangem.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1. Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction these Terms and any separate agreements whereby Tangem provides User the Services shall be governed by the laws of Switzerland without regard to its conflict of laws principles.

10.2. User can submit a claim in written form regarding the operation of the Services to Tangem via email at store@tangem.com. User may also reach Tangem in writing at the following address: Tangem AG, Baarerstrasse 10, Zug, CH-6300 Switzerland. In case of failure to resolve disputes and disagreements by way of negotiations the settlement shall be in accordance with claim procedure. Claims shall be reviewed within 30 calendar days.

10.3. Subject to compulsory legal provisions, any use of the Services and all legal disputes arising out of or in connection therewith shall be submitted to the exclusive jurisdiction of the courts of the Canton of Zug, Switzerland.

11. COMMUNICATION

11.1. Tangem may provide the User with information related to the Services, and with marketing communications about Tangem’s products, services, and offers, through the Official Website, the Official Mobile Application, email, or other means. Such communication may include, but is not limited to, sending push notifications to the User’s device to provide information about transactions, security, or other Service-related updates. Marketing communications will only be sent in accordance with User’s consent and applicable law, and User may opt out of marketing communications at any time using the unsubscribe mechanism provided or through the settings of the Official Mobile Application.

11.2. The sending of push notifications is subject to the User’s consent and preferences, which can be managed within the settings of the Official Mobile Application. The User is responsible for maintaining their contact information and notification settings up to date.

12. MISCELLANEOUS

12.1. Entire agreement. These Terms and any policies or operating rules posted by Tangem on the Official Website or in respect to the Services constitutes the entire agreement and understanding between User and Tangem and govern User’s use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between User and Tangem (including, but not limited to, any prior versions of the Terms).

12.2. Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, such determination will not affect the validity and enforceability of any other remaining provisions.

12.3. Assignment. User may not assign their rights or obligations under these Terms, in whole or in part, to any third party. Tangem may assign its rights and obligations under these Terms to a third party, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, and may share or transfer information provided by User while using the Services in connection with any such assignment.

12.4. No waiver. The failure of Tangem to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

12.5. Amendments. Tangem may modify or amend these Terms at any time. The then-current version of these Terms will be kept up to date within the Official Mobile Application, and it is User’s responsibility to check this version periodically. User’s continued use of or access to the Services following any such amendment constitutes acceptance of the then-current Terms.

12.6. Errors, Inaccuracies, And Omissions. Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Tangem reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after User has submitted their order).

12.7. Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

12.8. Tangem undertakes no obligation to update, amend, or clarify information in the Services, including without limitation pricing, fee, rate, or yield information, except as required by law. No specified update or refresh date applied in the Services or on the Official Website should be taken to indicate that all such information has been modified or updated.

12.9. These Terms may be drawn up in different languages. In case of any inconsistency the English version of the Terms shall prevail.

12.10. Mobile Software from the Apple App Store. The following terms and conditions apply only if the User has downloaded the Official Mobile App from the Apple App Store.

12.10.1. These Terms are solely between Tangem and the User, not Apple Inc. (“Apple”), and Apple has no responsibility for the Official Mobile Application or content thereof. User’s use of the Official Mobile Application must comply with the App Store’s applicable terms of use.

12.10.2. User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Official Mobile Application. In the event of any failure of the Official Mobile Application to conform to any applicable warranty with respect to the Official Mobile Application, you may notify Apple, and Apple will refund the purchase price, if any, for the Official Mobile Application to you (provided that in no event will Apple be required to refund the purchase price for Tangem Wallet). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Official Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms.

12.10.3. User and Tangem acknowledge that Apple is not responsible for addressing any claims of User or any third party relating to the Official Mobile Application or User’s possession and/or use of the Official Mobile Application, including, but not limited to: (a) product liability claims, (b) any claim that the Official Mobile Application fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

12.10.4. User and Tangem acknowledge that, in the event of any third-party claim that the Official Mobile Application or User’s possession and use of it infringes that third party’s intellectual property rights, Tangem, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. User and Tangem acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to User’s use of the Official Mobile Application, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third-party beneficiary thereof.

12.11. Mobile Software from Google Play. The following terms and conditions apply only if User has downloaded the Official Mobile Application from Google Play.

12.11.1. These Terms are solely between Tangem and the User, not Google LLC (“Google”), and Google has no responsibility for the Official Mobile Application or content thereof. User’s use of the Official Mobile Application must comply with Google Play’s then-current Terms of Service.

12.11.2. Google has no obligation whatsoever to furnish any maintenance or support services with respect to the Official Mobile Application. Any warranty claims relating to the Official Mobile Application will be governed solely by these Terms and will not involve Google.

12.11.3. Google is not responsible for addressing any claims of User or any third party relating to the Official Mobile Application or User’s possession and/or use of it, including, but not limited to: (a) product liability claims, (b) any claim that the Official Mobile Application fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

12.11.4. User and Tangem acknowledge that, in the event of any third-party claim that the Official Mobile Application or User’s possession and use of it infringes that third party’s intellectual property rights, Tangem, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

12.11.5. Google and its subsidiaries are third-party beneficiaries of these Terms as they relate to User’s use of the Official Mobile Application, and Google will have the right to enforce these Terms against User as a third-party beneficiary thereof.

Last amended on: September 14 , 2026