Service Level Agreement

1.General Terms

1.1The present Service Level Agreement (“Agreement” or “SLA”), identifies the expected level of services provided on the YouHodler Platform (“YouHodler” or the “Platform” or “We”) to users who are on-boarded on(“User(s)” or “You” or “you”) as well as complaint and dispute resolution procedures.

1.2The services offered on the Platform (“Services”) for the purposes of the present SLA are the following:

• Crypto-backed lending products, including Turbocharge and MultiHodl;
• Deposits and Withdrawals;
• Conversion/Exchange;
• Crypto Rewards (Savings);
• Customer Support services.

1.3All operations are to be processed in accordance with the terms and conditions that the User must read, understand and agree before using the Services.

1.4You represent and warrant that

• you are at least eighteen (18) years old if you are a natural person;
• the legal person that you may represent exists, is duly incorporated and is concretely active;
• you have the right, authority and capacity to agree in a binding way to the Terms on your behalf or on behalf of the legal entity which you represent;
• the information provided to YouHodler in order to create the User Account, including all know-your-customer (“KYC”) information and documents are true, up to date and complete;
  
• you do not provide a false name, identity or email address owned or controlled by another person with the intent to impersonate that person for any other reason;
• you do not provide a name that is subject to any rights of a person other than yourself or the legal entity which you represent without proper authorisation;
• you are not located in, or a citizen or resident, of any of the countries where the access and use of the Platform are restricted;
• you have not previously been suspended or removed from using the Services offered through the Platform;
• you must provide current, accurate identification, contact and other information that may be required as part of the registration process on the Platform, KYC process, including the source of funds and source of wealth, and/or continued use of the Services;
• you shall conduct yourself in a professional manner in all your interactions with YouHodler;
• you are not a resident or citizen of the United States or of any country listed in US-, EU-, CH- or UN sanction lists or embargoes.
  

If you are in breach of these representations and warranties, YouHodler reserves the right to take any necessary action including but not limited to the refusal to open an account on the Platform.

1.5YouHodler shall take all reasonable steps to obtain the best possible results for its Users when receiving, transmitting, and executing User requests to the Platform.

2.Customer Support Service

2.1YouHodler provides you with a Help Portal https://help.youhodler.com/ for the purpose of having access to information on YouHodler and the Services. Users may use the Help Portal together with all data available in the Platform at any time to receive actual information about YouHodler’s services, features and other details related to YouHodler’s product and services.

2.2YouHodler commits to providing the User with a communication service at the Platform’s Customer Support chat. The Customer Support chat is available 24/7 at https://www.youhodler.com/ or https://app.youhodler.com/ as well as via iOs and Android mobile applications.

2.3The average response time in the Customer Support Chat:

• 1 - 2 minutes during the EU office hours (9am - 6pm CET/CEST time zone),
• From 1 minute to 2 hours during the EU office non-working hours (6pm - 9am CET/CEST time zone).

The average response time is not binding and may vary depending on the volume of requests which are made on the Customer Support Chat at any particular time.

3.Transactions

3.1You can request to withdraw funds or to place funds on the Platform at any time (“Transaction(s)”).

3.2The time for the execution or confirmation of the Transactions which are carried out on the blockchain may vary between a few seconds to several hours depending on the workload and capacity of the blockchain where the Transaction is executed on behalf of the User. YouHodler commits to use the optimal gas fees which are from time to time recommended for each particular network at the moment of confirmation of execution of the order placed by the User or at the moment when the User makes use of the Services.

3.3The time taken for the execution of the transactions involving cryptocurrencies may vary depending on volume, the market conditions and size of the transaction.

3.4The execution of fiat (USD, EUR, GBP, CHF) bank wire transactions may vary from a few minutes to twenty-four (24) hours for EUR SEPA transfers and between twenty-four (24) hours and up to five (5) working days for International SWIFT bank wire transfers. Credit card transactions may take up to five (5) minutes in order to be finalized. In certain cases, it may take up to three (3) business days according to the third-party payment provider maximum estimation. The execution of the credit card transaction fully depends on the rules of the bank and/or payment provider which is used by you. YouHodler commits to submit a ticket to a payment provider in case of delay or failure of the execution of a Transaction. YouHodler may provide the User with an update on the payment provider. YouHodler shall not assume any liability for any delays which are solely attributable to the payment provider or the bank.

3.5YouHodler reserves the right to request further documentation from you in order to execute a Transaction involving CHF, EUR, USD and GBP.

3.6The Services on the Platform cannot be offered in the event that you refuse to provide any information or to accept to undergo any procedures or video verification calls which may be requested from time to time by the compliance team. Any fees which are incurred as a consequence of your refusal to provide information or to undergo identification and/or verification of identification procedures shall be charged to your funds.

3.7You accept that by using the Services or Platform, you will provide all the necessary information for the purposes of fulfilling any anti-money laundering (“AML”) obligations.

3.8You shall not hold YouHodler liable for any losses or damages which result in the rejection or closing of your access to the Platform and/or breach of your obligations under AML laws, regulations and guidelines.

3.9You understand that the Company investigates the source of any fiat assets and/or cryptocurrencies used when benefitting from any of the Services offered by the Company.

3.10Through the use of third-party service providers (such as Elliptic), the Company also determines, at its sole discretion, how to handle their disposition in accordance with its anti-money laundering policy and any laws applicable to the Services offered on the Platform. You accept that the reviewal of the process may take between a few minutes and three (3) working days. You understand that the analysis carried out for the purposes of AML reviewal may delay the execution of the Transaction. YouHodler reserves the right to block your assets until the review and investigation is finalized.

3.11If, following the investigation and reviewal indicated in Clause 3.9. and 3.10., the Company determines that You are not the owner or that these assets stem from criminal or illicit activities, You hereby accept and understand that the Company reserves the right to dispose of these assets in accordance with the applicable laws and to report this activity to the relevant authority.

3.12You hereby represent and warrant that you will comply with KYC and AML requirements and provide us with accurate information and true documents only and that the information provided is correct and accurate, including the information provided relating to your source of assets and your source of wealth. Along with the necessary actions stipulated in Clause 3.11,  YouHodler also reserves the right to indefinitely block you from making use of any of our Services or the Platform.

4.Market Execution

4.1YouHodler commits to provide Users with the most recent market price information on the Platform.

4.2In the event of rapid price fluctuations, market illiquidity or higher volatility, the price of an order placed by the User may vary at the time when the order is actually executed (“Slippage”). Slippage is presumed to be a normal factor when executing orders involving cryptocurrencies.

4.3YouHodler cannot guarantee the execution of your orders at the price specified on the Platform. In the event of Slippage, we confirm that your orders will be executed at the next best available market price.

4.4YouHodler places a significant importance on the execution of Users’ orders and strives to offer the fastest possible execution within the limitations of technology and communications links. The following factors may affect the execution of Users’ orders:

• Quality of any communication channels and сustomers’ device performance: YouHodler does not assume any liability in cases where Users are using poor wireless network, dial-up connection or any other communication link that can cause unstable connectivity with the Platform including possible malfunctions or low performance of the Customer's devices.
• Delays caused directly or indirectly through third-party service-providers (such as cryptocurrency exchanges): YouHodler commits to follow up and investigate any execution delay caused by or arising from third-party service providers and take all reasonable steps to resolve the issue and provide the User with updates and notifications.

4.5YouHodler reserves the right to close/block the User’s access to YouHodler’s products and Services, or to refuse to execute the Orders requested by the User in the event that YouHodler has reasonable grounds to suspect that:

• the User has, intentionally or unintentionally, performed Transactions where errors or technical faults are active on the Platform including instances when price lags (where the prices displayed prior to the execution of the Transaction are not up to date) are present on the Platform or when errors are displayed in the prices set by the liquidity providers used by YouHodler;
• the User has executed Transactions in bad faith, including but not limited to the use of insider information;
  
• the User has engaged in Arbitrage Operations from YouHodler's bonus programmes or loyalty programmes, as well as any other activity which falls within the definition of Arbitrage Operations. “Arbitrage Operations” is defined as the execution of Transactions or use of the Services whose result or the outcome may either eliminate the risk totally or significantly, by abusing features or Services rendered by YouHodler;
  
• The User has carried out Transactions or attempts to carry out Transactions which are suspected to be money laundering activity or activity which finances terrorism.
  

4.6YouHodler reserves the right to revise the financial result of Transactions which are executed by YouHodler on behalf of Users or to block your use of the account in the event that YouHodler becomes aware that any of the instances outlined in Section 4.4 are active after the completion of the Transaction.

5.Technical Issue Compensation Policy

5.1YouHodler shall consider providing its Users with compensations of losses caused by system failures (“Technical issues”) including but not limited to:

• errors in the Platform’s fees and commissions calculation; and/or
• any failures arising from the presentation of market prices on the Platform.

5.2Any compensations to be provided only upon a detailed case-by-case analysis and investigation within the time frames set out in Clause 6.

5.3The compensation given by YouHodler is limited to the amount of factual loss sustained by the User as a result of the system’s failure. Liability for loss of profit is excluded for the purposes of compensation provided by YouHodler.

5.4YouHodler does not provide compensation in the following cases where:

• the User was properly notified by YouHodler about existing system’s failures and intentionally executed a Transaction or made use of the Services provided on the Platform that resulted in a loss; or
• losses caused by the abuse of the Platform services and/or breach of it’s policies.
  

5.5YouHodler reserves the right to withhold the User’s profits achieved as a result of technical failures.

6.Complaints and Dispute Resolution Procedure

Submission of complaints

6.1A complaint shall be filed by the User not later than five (5) business days from the occurrence of the incident. Review of complaints submitted after this period of time may be delayed or rejected.

6.2Upon acknowledgement of the receipt of the User’s complaint, YouHodler will review it carefully, investigate the circumstances surrounding the complaint and will try to resolve it without undue delay.

6.3We shall make every effort to investigate the complaint and provide you with the outcome of our investigation within five (5) business days from the date when you submitted your complaint to YouHodler. We may contact you directly in order to obtain, where needed, further clarifications and information relating to your complaint. Please note that in case we do not receive any response from you within the period of five (5) business days, your complaint shall be considered as “waived/closed” and the investigation shall no longer be pending.

6.4We will require your full cooperation in order to expedite the investigation and possible resolution of your complaint. In the event that your complaint requires further investigation and we cannot resolve it within five (5) or less business days, we will issue a holding response in writing or other durable medium. When a holding response is sent, it will indicate the causes of the delay and an estimate of the time required for YouHodler’s investigation is likely to be completed

6.5In any event, we shall provide you with the outcome of our investigation no later than five (5) business days from the issuing of the holding response, depending on the complexity of the case and your cooperation. YouHodler shall consider your complaint as closed and cease the relevant investigation in case you fail to respond to our officers within the period of one (1) month from the date of the submission of your complaint.

6.6When we reach an outcome we will inform you about the final decision together with an explanation of our position and any remedy measures we intend to take (if applicable).

6.7By submitting a complaint you shall provide us with the following information:

• Your account ID (email address);
• Explanation of the issue/incident;
• Date and time of the issue/incident;
• Relevant Transaction/Loan ID visible at the Platform;
• Other information which is your opinion could be valuable for the investigation process.
  

6.8The Complaint shall be sent by e-mail support@youhodler.com or to the Customer Support Chat.

6.9We will acknowledge receipt of your complaint within one (1) business day from the receipt of your complaint.

6.10YouHodler unilaterally reserves the right to leave a claim, complaint, or request of the User without consideration in case the claim, complaint or request include emotional evaluation; offensive approach towards YouHodler and/or its employees.

6.11In case of disputable claim situations, YouHodler reserves the right to temporarily suspend User’s operations on the Platform until the resolution of the case or reaching an interim agreement by the Parties.

7.Dispute Resolution

7.1All disputes and disagreements between YouHodler and the User shall be firstly settled through negotiations or/and submission of complaints in accordance with the procedure prescribed at Clause 6.

7.2If no agreement is reached, the User has a right to file a complaint in line with our complaints process. YouHodler commits to follow the final recommendation on the dispute resolution provided by the relevant independent mediation bodies

Last update: April 6th, 2021