Terms of Use

1. Acceptance of Terms

By accessing or using the CityConk website at https://cityconk.com (and its subdomains) or the CityConk mobile application (collectively, the "Platform"), you confirm that you have read, understood, and accepted these Terms of Use ("Terms"), which constitute a legally binding contract between you and CityConk Inc. ("CityConk").

You acknowledge that the following additional documents are incorporated into these Terms by reference:

• (i) Privacy Policy;
• (ii) Risk Disclosure Statement; and
• (iii) Disclaimers.

IF YOU DO NOT AGREE TO ANY PROVISION OF THESE TERMS, PLEASE DO NOT OPEN A CITYCONK ACCOUNT OR USE THE PLATFORM.

2. Account Opening and "Know Your Customer" (KYC)

To use our services, you must register for a CityConk Account. As part of our compliance with Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) laws, we are required to collect and verify your personal information.

You agree to provide true, accurate, current, and complete information during the registration process. You authorize CityConk, directly or through third parties, to make any inquiries we consider necessary to verify your identity and to protect you and us against fraud or other financial crimes.

2.1 Ongoing Monitoring

CityConk monitors your account activity as required by law. We may require you to provide additional information at any time as a condition of your continued use of the Platform.

2.2 Biometric Authentication

If you use the CityConk Mobile App, you may enable biometric authentication (e.g., Fingerprint or Face ID). You acknowledge that biometrics are stored on your device and not by CityConk. You are responsible for any transaction made while biometrics are enabled, regardless of who accessed the device.

3. Security

You are solely responsible for maintaining the security of your login credentials, passwords, Two-Factor Authentication (2FA) codes, and private keys. You must notify us immediately at support@cityconk.com if you suspect any unauthorized access.

While CityConk implements industry-standard security measures, no system is impenetrable. You acknowledge that cyber-attacks, phishing, and malware are persistent risks in the digital asset industry.

4. Risk Disclosure

By accessing the Platform, you acknowledge that you have read and understood our Risk Disclosure Statement. Digital assets are highly volatile and involve a high degree of risk. You should not invest funds that you cannot afford to lose.

5. Suspension, Restriction, and Termination

CityConk may suspend, restrict, or close your account at our sole discretion, without prior notice, if:

• (a) We suspect you have violated these Terms;
• (b) We are required to do so by a valid subpoena, court order, or government authority;
• (c) We detect unusual or suspicious activity; or
• (d) Necessary to comply with AML/CTF programs.

6. Your Representations and Warranties

You represent and warrant that:

• (a) You are at least 18 years old and have the legal capacity to contract;
• (b) You are not a resident of a restricted jurisdiction;
• (c) You are not on any trade or economic sanctions lists (e.g., OFAC, UN Security Council);
• (d) You are using the account for your own benefit and not on behalf of a third party;
• (e) The funds used on the Platform are not derived from illegal activities.

7. Disclaimer of Liability

THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CITYCONK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL CITYCONK BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM.

8. Indemnification

You agree to indemnify and hold harmless CityConk, its affiliates, and service providers from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your violation of these Terms, your misuse of the Platform, or your violation of any laws or third-party rights.

9. Intellectual Property

All content on the Platform, including logos, designs, text, code, graphics, and software ("CityConk Materials"), is the proprietary property of CityConk and is protected by copyright and intellectual property laws. You may not copy, modify, or distribute any materials without our prior written consent.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Burbank, California.

11. Changes to Terms

CityConk reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform acts as your acceptance of the updated Terms.