1.                  About EMAS

EMAS Technology GmbH ("EMAS") is a limited liability company registered in Vienna, Austria. Registration number: FN 613775 k. Registered office of the company: Seilerstätte 15, 1010 Vienna, Austria.

The use of and access to the EMAS app, our website, products, and services are based on these General Terms and Conditions of Use.

1.1.            EMAS may, from time to time and without prior notice:

1.1.1         Make technical improvements and security updates to the content of the app, our website, or the products or services offered, as we deem appropriate from time to time, provided that these do not significantly impair the core functionality. You will be notified in advance by email of any significant changes to products or services. You have the right to terminate the contract if you do not accept these changes.

1.1.2         From time to time, withdraw such services and products as EMAS deems appropriate;

1.1.3         terminate your access to or use of our products and services in the event of:

- proven violation of these terms and conditions

- suspicion of money laundering or terrorist financing

- an official order

- failure to comply with identification requirements after a reasonable deadline has been set

You will be informed of the reasons immediately, if legally permissible.

EMAS reserves the right to use various procedures to verify a person's identity, source of funding, and source of wealth, as well as to authenticate each transaction.

1.1.4         We are not obligated to continue doing business with any person or organization. Acceptance of a business relationship is at our sole discretion.

2.                  Scope of these Terms of Use

2.1.            These Terms of Use govern the opening, use, and closure of your EMAS account and other related payment services referred to herein. Together with our Privacy Policy and any other terms and conditions referred to herein, they form the legal basis for the relationship between you and us. To use additional services, you may be required to accept additional terms and conditions, which will be communicated to you when you order or use those services. We recommend that you print or download these Terms of Use and keep a copy for future reference. You can view the current Terms of Use at any time on our website.

2.2.            We also recommend that you read the answers to the "Frequently Asked Questions" published on our website.

2.3.            Depending on the type of your EMAS account, additional terms and conditions may apply, which will be communicated to you in due course.

3.                  Permitted access to EMAS services

3.1.            You should not use the app or website from countries where access to or use of them or the information, products, or services contained therein is prohibited by law. The app and website do not constitute an invitation or solicitation by EMAS to persons to use such information, products, or services in countries where this is prohibited by law.

4.                  Intellectual property

4.1.            All intellectual property and materials comprising or contained in the app or website, including but not limited to all text/articles, logos, software, and images, are owned by EMAS or licensed by EMAS, unless expressly stated otherwise.

4.2.            You are entitled to access the app or website in order to use the facilities, products, and services offered by EMAS. However, you may not use any of its components in any way, either directly or indirectly, for other purposes. The materials contained in or forming part of the app or website may not be copied or redistributed for commercial purposes or in return for payment of any kind without the prior written consent of EMAS.

5.                  Limitations of liability

5.1.            EMAS provides its services with the diligence of a prudent businessman. Your statutory warranty rights remain unaffected. EMAS is not liable for damages beyond our control (force majeure, third-party system failures) to the extent permitted by law. All such warranties, conditions, or guarantees that would otherwise be implied by law are excluded to the extent permitted by law. In particular, EMAS does not guarantee the accuracy, suitability, reliability, completeness, performance, and/or appropriateness of the content of the available services or products.

5.2.            EMAS uses reasonable expertise and care in providing its products and services to you. However, EMAS is not liable (to the extent permitted by law) for any loss, damage, claim, or compensation (including lost profits or loss of use) arising from the following reasons:

5.2.1.       Your use, delay, or inability to use EMAS services;

5.2.2.       the inability of EMAS to fulfill its obligations due to the failure of technical or operational systems;

5.2.3.       reasons beyond EMAS' reasonable control. These include (among other things) war, terrorism, government action, natural disasters, and labor disputes;

5.2.4.       Damage to your equipment resulting from the use of EMAS products or services;

5.2.5.       changes in prices that may occur from time to time.

5.3.            Without limiting the more general exclusions of liability set out in sections 5.1 and 5.2, EMAS shall not be liable to you (to the extent permitted by law) for any loss of profit, loss of use, indirect or consequential damages, claims or other damages incurred by you through the use of the app or the website or the products or services offered, regardless of their cause.

5.4.            EMAS's maximum total liability to you in relation to all transactions you have made is limited to a refund of the amounts you have paid to EMAS to purchase gold or currencies or to send a peer-to-peer payment.

5.5.            The disclaimers and limitations of liability in these Terms and Conditions do not apply to damages resulting from death or personal injury caused by the negligence of EMAS or any of its employees, affiliates, or agents, or for reasons related to financial crime or other legal and regulatory matters.

5.6.            If any provision of these Terms and Conditions, including these disclaimers and limitations of liability, is unlawful or unenforceable, that provision shall be severed and shall not affect the validity and enforceability of the remaining provisions. Your statutory rights remain unaffected.

6.                  Applicable law and changes to these Terms and Conditions

6.1.            The use of the app, the website, and these General Terms and Conditions is subject to Austrian law.

6.2.            For disputes with consumers who have their domicile, habitual residence, or place of employment in Austria, the court with jurisdiction at the consumer's domicile, habitual residence, or place of employment in accordance with § 14 KSchG shall have exclusive jurisdiction. For entrepreneurs, the place of jurisdiction is Vienna.

6.3.            EMAS reserves the right to amend these General Terms and Conditions from time to time.

6.4.            Provisions for placing orders and concluding contracts between you and EMAS.

6.5.            EMAS does not make its products or services available for investment, speculation, or consulting purposes. Trading in precious metals, including gold and silver, involves risks.

6.6.            EMAS will use various procedures to authenticate each transaction in accordance with laws and regulations, including anti-fraud and anti-money laundering/terrorist financing measures. EMAS reserves the right to refuse to process any part of your order/transaction at any time.

6.7.            EMAS is entitled to refuse, withdraw, or cancel your order or transaction at any time and for any reason. EMAS may terminate any order or transaction at any time.

6.8.            EMAS may also terminate any contract with you if required to do so by law or regulation, or at the direction of a law enforcement or regulatory authority. EMAS may retain all or part of your funds if required to do so by law or regulation, and then manage them in accordance with the instructions of a court, authority, or other competent body.

7.                  Anti-financial crime policies

7.1.            EMAS must comply with legal requirements to prevent and detect financial crime, including money laundering and terrorist financing.

EMAS also complies with the relevant anti-money laundering and counter-terrorist financing laws applicable in all EEA countries where we offer our services.

Our employees are fully familiar with the rules and guidelines relating to bribery and corruption, immigration crime, modern slavery and human trafficking, aiding and abetting tax evasion, fraud, sanctions, politically exposed persons, money laundering, and terrorist financing. This list is not exhaustive. We are aware of our responsibility to monitor and report any actions that arouse suspicion or cause concern in accordance with laws and regulations.

7.2.            EMAS reserves the right to carry out identity checks on all persons who wish to use EMAS products and services in accordance with the General Terms and Conditions. EMAS is entitled to have your identity verified for this purpose by specialized service providers for identity verification and money laundering prevention. Details can be found in our privacy policy. Information will only be disclosed to the extent required by law. EMAS reserves the right to refuse to process deposits or transactions at any time if, at its sole discretion, they are in any way related to unlawful or illegal purposes. We are legally and officially obliged to report suspicious transactions or activities.

7.3.            EMAS is legally and regulatorily obligated to monitor its customers' activities for unusual or suspicious deposits or transactions of any amount where we have reason to believe that the money may be derived from unlawful or illegal activities. We take into account a number of factors, including the identity of our customers, our products, activity profiles, distribution channels, the nature, complexity, and volume of permissible transactions, our processes and systems, and our operating environment.

7.4.            EMAS is legally obliged to report suspicious transactions to the Financial Intelligence Unit (A-FIU), which was established by the Federal Criminal Police Office. In the event of such a report, EMAS accepts no liability for delays in transmission or for the seizure of funds.

7.5.            We may ask you for further information at any time, which is referred to as enhanced due diligence and includes, among other things, proof of the origin of the funds and the source of the assets. We will also ask you for additional information so that we can better understand your business relationship with EMAS.

8.                  Your EMAS account

8.1.            Your EMAS account is an e-money account that allows you to send, receive, and share electronic payments.

8.2.            The electronic money in your EMAS account is issued in accordance with the relevant legislation.

8.3.            Your EMAS account is denominated in a currency of your choice, which you can select from the available currencies. All transactions from this account are made in the specified currency of the account. Please note our separate terms and conditions for gold.

8.4.            The electronic money held in your EMAS account does not expire, but does not earn interest.

8.5.            You have the right to withdraw money from your EMAS account at any time. However, you may first be required to confirm (1) your identity and (2) the destination of the funds. The funds in your EMAS account must be sufficient to cover any withdrawal fees. You can choose the type of withdrawal when submitting your withdrawal request.

8.6.            An EMAS account is not a traditional bank account. By accepting these Terms of Use, you acknowledge that the Austrian Deposit Guarantee and Investor Compensation Act (ESAEG) does not apply to your EMAS account.

8.7.            The electronic money in an EMAS account belongs to the person or legal entity registered as the holder of the EMAS account.

8.8.            Your EMAS account may be subject to top-up, payment, and withdrawal limits depending on your country of residence, the verification status of your EMAS account, and other factors that we may use at our sole discretion from time to time to determine such limits.

9.                  Opening your EMAS account

9.1.            In order to use our products and services, you must first open an EMAS account by registering your details in our app. As part of the registration process, you must accept our Terms of Use and Privacy Policy, and you must have legal capacity to accept them. If you order additional services, you may be asked to accept additional terms and conditions. To open and continue using an EMAS account, you must:

9.1.1.       be at least 18 years old and have full legal capacity;

9.1.2.       be a resident of a country supported by EMAS. Sanctioned countries are prohibited. This list of prohibited countries may be changed by us from time to time without prior notice.

9.1.3.       open an account in accordance with the instructions on the registration page of our app, including providing all required information;

9.1.4.       provide an active address, phone number, and email address;

9.1.5.       Pass all verifications requested by us satisfactorily.

9.2.            You may only open one EMAS account in your name unless we expressly approve the opening of additional accounts.

9.3.            You may only open an EMAS account if it is legal to do so in your country of residence. By opening an EMAS account, you represent and warrant to us that opening an EMAS account does not violate any laws or regulations applicable to you.

9.4.            All information you provide during the registration process or at a later date must be accurate and truthful. It is your responsibility to keep your information up to date.

9.5.            You are responsible for all tax, legal, and regulatory reporting obligations applicable to you in your country of residence or the country where you file your tax return.

9.6.            You may only add payment methods (such as bank accounts or debit cards) to your EMAS account if you are the named holder of that payment method. Any attempt to add a payment method that you are not the named holder of may result in us rejecting the transaction or suspending or closing your account at our sole discretion.

9.7.            Your EMAS account is for personal use only. You may not use your EMAS account for commercial purposes if you receive payments for or in connection with a business activity. We reserve the right to determine, at our reasonable discretion, whether you are using your EMAS account for commercial purposes and, if so, to suspend and/or close your account.

9.8.            When you open your account, you may automatically receive a card if you live in a country where we are authorized to issue such a card. For more information, please visit our website.

9.9.            You cannot top up your personal account with funds from a business unless you can prove that you are a sole trader.

9.10.         Certain features, limits, or services may require an active subscription.

10.              Maintaining your EMAS account

10.1.         You must ensure that the information stored in your EMAS account is always accurate and up to date. We are not liable for any losses resulting from your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.

10.2.         We may contact you by email or other means with information or communications regarding your EMAS account. It is your responsibility to regularly check that your email account or other communication methods you have registered with EMAS are functioning properly. We are not liable for any losses incurred as a result of your failure to retrieve such messages.

10.3.         Money transfers, payments received, payments made, peer-to-peer activities, and cash withdrawals are displayed in your online transaction history along with the fees charged. You should check your EMAS account balance and transaction history regularly and report any irregularities to customer support as soon as possible.

10.4.         You must notify us immediately upon becoming aware of any unauthorized or incorrectly executed transactions on your EMAS account.

11.              Security of your EMAS account

11.1.         You must take all reasonable measures to keep your EMAS account login details secure at all times and never share them with third parties. EMAS employees will never ask you to share your login details or PIN with us or third parties.

11.2.         If you have any indication or suspicion that your EMAS account, login details, password, or other security features have been lost, stolen, or otherwise compromised, you should change your password and contact customer support immediately. An unreasonable delay in notification may not only compromise the security of your EMAS account, but also result in you being held liable for any resulting losses.

11.3.         We may suspend or otherwise restrict the functionality of your EMAS account for legitimate reasons related to the security of the EMAS account or if we have reasonable suspicion that unauthorized or fraudulent use of your EMAS account has occurred. We will notify you of any suspension or restriction and the reasons for it, unless notification would be unlawful or would compromise our legitimate security interests.

11.4.         You must take all reasonable precautions to ensure that your email account is secure and only used by you, as your email address may be used to reset passwords or communicate with you about the security of your EMAS account.

12.              Closing your EMAS account

12.1.         You may close your EMAS account at any time by contacting customer support.

12.2.         If your EMAS account has a credit balance, you can withdraw the remaining funds by contacting customer support and requesting that the funds be transferred to a recognized bank account in your name in a manner acceptable to us at . You can also withdraw your gold balance.

12.3.         We reserve the right to carry out all necessary checks before approving any withdrawal of your funds, including in relation to the return of funds to you after you have closed your EMAS account.

12.4.         If you are a friend or relative of a deceased EMAS customer, please contact customer support. Please note that we cannot discuss any details about an account until we have received a death certificate, certificate of inheritance, or administrative certificate.

13.              Uploading funds

13.1.         You can upload funds by accessing the EMAS app and following the relevant upload instructions. Depending on the payment methods available in your country of residence, you may be offered different upload methods.

13.2.         Deposit methods are payment services offered by external financial institutions and are not part of our service. We do not guarantee the use of any particular deposit method and may make changes or discontinue acceptance of any particular deposit method at any time.

13.3.         EMAS is in no way responsible for fees charged by third parties and will only credit the amounts received and approved.

13.4.         We only accept payments from and make payments to bank accounts, cards, or other financial instruments that are in the name of the EMAS account holder.

13.5.         You may be asked to provide information such as proof of the origin of the funds, which we may reasonably request to ensure the proper authorization of an upload transaction. This is usually a bank statement issued in your name that is no more than three months old.

13.6.         If you choose an upload method that uses a payment instrument that may be subject to a chargeback right, such as (but not limited to) debit cards or direct debits, you agree that you will only exercise this chargeback right in the event of unauthorized use of the payment instrument.

13.7.         Deposited amounts will be credited to your EMAS account as soon as we receive them and they become available. Some deposits, such as those made by debit card, direct debit, or direct transfer, may be credited to your EMAS account immediately but may be reversed if the actual funds are not received by us within a reasonable period of time. In this case, we will deduct the canceled transaction from your EMAS account balance. Overall, deposits also depend on several other factors, such as the policies of the payment provider and card issuer, etc. https://cdn.unlimit.com/wp-content/uploads/2025/06/23023352/UNL_EU_GTC_v2.0_1.07.2024.pdf

13.8.         You may not make a deposit using a payment instrument if you are not the named holder of that payment instrument. Without prejudice to the assertion of further claims for damages, if we are requested to refund deposited funds, we may charge an administrative fee per refund to cover our bank charges.

13.9.         Deposits may be subject to deposit limits due to security and legal requirements, and in order to comply with its regulatory obligations, EMAS may request further information on the origin of these funds.

14.              Trading in gold, silver, and peer-to-peer activities

14.1.         Note

We do not advise you on your decisions to buy or sell gold, silver, foreign currencies, or gold or silver bullion.

14.2.         The services

We provide you with facilities for buying and selling foreign currencies, gold, and silver.

14.3.         Once a trade or transaction has been submitted, it cannot be changed, canceled, or revoked.

14.4.         When you trade, you rely solely on your own judgment. We do not offer advice on any matter under this agreement, including (without limitation) the merits or disadvantages of transactions, taxes, or markets.

14.5.         We may, at our sole discretion, refuse any trade or transaction without giving any reason and without liability for any loss or damage incurred by you or any other party.

14.6.         We will not transfer to you any funds representing the profit from currency or gold fluctuations after the completion of a trade.

14.7.         We may request information from you from time to time about you and your financial affairs in connection with EMAS, as we deem necessary in our discretion to comply with anti-money laundering laws or other matters.

14.8.         In the event of a transaction, you must have sufficient funds in your EMAS account to cover the transaction and any fees or costs before submitting a trade or transaction.

14.9.         EMAS reserves the right to add a margin to exchange rates or precious metal prices in the event of a failure of price data or if the market is not trading. It is at your discretion to accept the prices offered by EMAS.

14.10.     We will make all payments due to you under this agreement in full, unless we are required by law to make deductions.

14.11.     In order for a payment instruction from you to be properly executed, you must provide us with the information or unique identifier necessary for the proper execution of the transaction. This information may include the payee's bank code and account number or, if applicable, the payee's SWIFT number, BIC number, and IBAN number ( ).

14.12.     If the information provided is incorrect, this may result in a delay in the payment transaction or the loss of the transferred funds. We reserve the right to charge an administrative fee for correcting errors.

14.13.     Payment of your funds for any reason can only be made to a bank account in your name.

14.14.     EMAS may, at its sole discretion, make payments using any reasonable method available to it.

14.15.     If a transaction results in a negative balance on your EMAS account, you are obliged to settle this negative balance by depositing sufficient funds into your EMAS account within a reasonable period of time. Failure to comply with this obligation constitutes a breach of these Terms of Use. We reserve the right to send you reminders or take other measures to collect debts at any time. Collection costs may be claimed if they are:

- are shown separately and itemized

- were necessary for the appropriate collection or recovery of the debt

- are reasonable

This includes, for example, reminder fees of EUR 25.00 per reminder.

14.16.     If your account balance is negative, you are obliged to settle it within 14 days. After this period has expired, we may charge statutory default interest. We may claim reasonable reminder fees in accordance with Section 6 (1) (15) of the Austrian Consumer Protection Act (KSchG), provided that these are shown separately and were necessary for collection.

14.17.     In some countries, you can use our peer-to-peer ("P2P") product to send money from your EMAS account to a friend or family member who also has an EMAS account. Our P2P service is limited to transfers from EMAS customers to EMAS customers.

14.18.     If the person you are sending money to does not have an EMAS account, they can open one.

14.19.     We may, at our discretion, impose restrictions on the amount or quantity of gold you can send via P2P.

14.20.     We reserve the right to change the list of countries that accept P2P.

14.21.     You may see an error message or error code. If this happens, please contact customer service. An example of an error could be insufficient funds. Please make sure you have sufficient funds and gold in your EMAS account before sending a P2P payment.

14.22.     P2P payments can be made immediately.

14.23.     You must ensure that the information you enter is correct when sending money or gold via P2P. By sending a P2P payment, you assume full liability.

14.24.     Silver storage in a customs warehouse

14.24.1 Silver purchased through EMAS is stored on your behalf in a customs warehouse (duty-free warehouse).

14.24.2 Silver stored in a customs warehouse is not subject to VAT or customs duties as long as it remains in the customs warehouse.

14.24.3 The silver remains the property of the EMAS account holder and is held in allocated or pooled form, depending on the product selected.

14.24.4 In the event of physical delivery of silver, VAT, customs duties, transportation, insurance, processing, and other applicable costs may be incurred, which are to be borne by you.

14.24.5 EMAS does not offer tax advice. You are solely responsible for assessing any tax implications arising from the purchase, storage, sale, or delivery of silver.

15.              Withdrawal of funds

15.1.         You may request the withdrawal of all or part of the funds held in your EMAS account at any time. We do not guarantee the availability of any particular withdrawal method and may change or discontinue any particular withdrawal method at any time, provided that at least one withdrawal method remains available to you.

15.2.         EMAS is not responsible for and has no control over third-party fees that may be charged from time to time for transactions to and from you.

15.3.         Withdrawals are subject to withdrawal fees and currency conversion fees, depending on the withdrawal method and payment instrument chosen.

15.4.         You may not make a withdrawal to a bank account or other payment instrument unless you are the named account holder. Without prejudice to any further claims for damages, we may charge an administrative fee if we have to investigate a withdrawal to a payment instrument that is not in your name.

15.5.         You must ensure that the payment details you enter when making a withdrawal are correct and complete. We are not liable for withdrawals sent to the wrong payment instrument due to incorrect payment details provided by you. For withdrawals to a bank account, you must ensure that the account is in your name and that the account number, bank code, IBAN, and/or BIC/SWIFT are correct.

16.              Prohibited Transactions

16.1.         We reserve the right to reject applicants from high-risk countries. If we accept an account from a high-risk country, the applicant will be subject to enhanced due diligence and stricter ongoing monitoring (transactions and know-your-customer checks).

16.2.         We reserve the right to suspend or terminate your EMAS account at any time if we reasonably believe that this is required by law or to comply with recommendations from a competent government authority or a recognized financial crime prevention agency.

16.3.         It is strictly prohibited to use your EMAS account for illegal purposes, including but not limited to financial crime. We will report suspicious activity to the appropriate law enforcement agency. You are prohibited from using your EMAS account to abuse, exploit, or circumvent any usage restrictions imposed by a merchant on the services it offers.

16.4.         If you carry out or attempt to carry out a transaction that violates the prohibitions contained in this section, we reserve the right to reverse the transaction and/or close or suspend your EMAS account and/or report the transaction to the relevant law enforcement agency.

17.              Fees

17.1.         Transaction-related fees can be viewed here at any time: (https://www.emas.technology/pricing)

17.2.         A standard storage fee is charged for the storage of gold and silver.

The storage fee is calculated monthly and billed retrospectively. The fee is calculated based on the highest asset balance and the highest market price of the respective asset (gold or silver) during the month in question.

A storage fee (custody fee) is charged for silver stored in a customs warehouse.

The applicable storage fees are always published on our website (https://www.emas.technology/pricing) and may be updated from time to time.

17.3.         EMAS offers one or more subscription plans with recurring monthly or annual fees.

Subscription fees are charged in advance, either monthly on the first day of each calendar month or annually on the first day of the respective subscription period, unless otherwise specified.

You may cancel your subscription at any time. The cancellation will take effect at the end of the current billing period (monthly or annually, as applicable). No partial refunds will be granted for subscription periods that have already been billed, unless required by law.

The available subscription models, billing cycles, features, and fees are published on our website and are subject to change from time to time.

18.              Your data

18.1.         The processing of your data is subject to our privacy policy, which can be found on our website. By accepting these Terms of Use, you also agree to the terms of our privacy policy. You should print and keep a copy of the privacy policy together with these Terms of Use.

19.              Our liability

19.1.         In the event of an unauthorized payment or a payment that was incorrectly executed due to an error on the part of EMAS, we will refund the payment amount, including any fees deducted, immediately upon your request. This does not apply:

19.1.1.   If the unauthorized payment is due to your failure to keep the personalized security features of your EMAS account safe, you remain liable.

19.1.2.   If you do not notify us immediately of the loss of your login details or other events that could reasonably be assumed to have compromised the security of your EMAS account after you become aware of such events, you will be liable for any losses incurred up to the time of your notification to us.

19.1.3.   If the transaction was unauthorized but you have deliberately or grossly negligently compromised the security of your EMAS account, you will be solely liable for all losses in this case.

19.1.4.   If you do not object to the unauthorized or incorrectly executed transaction within 6 months of the date of the transaction and bring it to our attention.

19.2.         You must regularly check the transaction history of your EMAS account and contact customer support immediately if you have any questions or concerns.

19.3.         In the event of an incorrect or misdirected payment, we will take reasonable steps to help you trace and recover such payments.

19.4.         We shall not be liable for any disruption or impairment of our service or for any disruption or impairment of intermediary services on which we rely to fulfill our obligations under this agreement, provided that such disruption or impairment is due to unusual and unforeseeable circumstances beyond our reasonable control or the control of the intermediary concerned.

19.5.         Nothing in these Terms of Use excludes liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, or for any statutory liability that cannot be excluded or modified by agreement between the parties.

19.6.         We shall not be liable for the assessment or payment of any taxes, duties, or other charges arising from the underlying commercial relationship between you and another EMAS customer.

20.              Termination and suspension

20.1.         You may terminate your EMAS account with us at any time by notifying us.

20.2.         In the event of termination, we may provide you with reasonable instructions for the disbursement of any remaining funds.

20.3.         We may suspend or close your EMAS account at any time without notice if:

20.3.1.   You violate any provision of these Terms of Use or any other provision applicable to certain services for which separate terms and conditions apply;

20.3.2.   You violate any laws or regulations applicable to your use of our services, or we have reason to believe that you are violating such laws or regulations;

20.3.3.   we have reason to believe that you are involved in any way in fraudulent activities, money laundering, terrorist financing, financial crime, or criminal activities. This also applies if you are a disqualified director with active management responsibilities or if you have been disqualified for reasons that are detrimental and/or cause for concern.

20.4.         We may suspend your EMAS account at any time if:

20.4.1.   we have reason to believe that your EMAS account has been compromised, or for other security reasons;

20.4.2.   we have reasonable grounds to suspect that your EMAS account has been or is being used without your permission or for fraudulent purposes; and we will notify you either before the suspension or, if prior notification is not possible under the circumstances, immediately after the suspension, unless we are prohibited from doing so by law.

20.4.3.   we receive negative information about you from publicly available sources.

21.              Changes to these Terms of Use

21.1.         These Terms of Use and any additional terms that may apply are subject to change.

21.2.         We will notify you of any proposed changes by email to the primary email address registered in your EMAS account.

21.3.         Changes to these Terms of Use will be communicated to you by email before they take effect. They are considered approved if you do not object before the proposed effective date. In the change notification, we will again expressly inform you of your right to object, the deadline, and the legal consequences of your silence. In the event of an objection, both parties may terminate the contract extraordinarily; fees already paid will be refunded on a pro rata basis.

22.              How we communicate

22.1.         We usually contact you by email. For this purpose, you must always have at least one valid email address stored in your EMAS account profile.

22.2.         Notifications by email are deemed to have been received:

- if sent on a working day before 4 p.m.: on the same day

- if sent after 4 p.m. or on weekends/public holidays: on the next working day

This only applies if the email was sent to the email address you last provided. You are obliged to notify us immediately of any changes to your email address. For important notifications (terminations, contract changes), you will also receive a notification in the app.

22.3.         If we are legally obliged to provide you with information on a durable medium, we will provide it to you or send you a notification referring you to the information on our website.

22.4.         If you are unsure whether a communication is from us, please contact customer support.

22.5.         We communicate with you in English and always accept communications sent to us in English. Documents or communications in other languages are for convenience only and do not oblige us to send further communications in that language. We may require a certified translation of any documents you submit, such as proof of identity or address, that are not written in Latin script.

22.6.         In addition to communicating by email, we may also contact you by letter or telephone. If you use mobile services, we may communicate with you by SMS.

22.7.         You can contact us at any time via customer support.

22.8.         Telephone calls with our customer support team may be recorded for quality assurance and training purposes, as well as for evidence preservation. You will be notified of this at the beginning of the call. The recordings will be processed and deleted in accordance with our privacy policy, provided that there are no legal retention obligations.

23.              Complaints

23.1.         Complaints about us or the services we offer should first be directed to our customer support team. You should clearly state that you wish to file a complaint. This helps us to distinguish a complaint from a mere inquiry. We will process your complaint in accordance with our complaints procedure.

23.2.         You can request a copy of our complaints procedure at any time.

23.3.         If you wish to file a complaint, please first give EMAS the opportunity to resolve the issue. Let us know what happened and how you would like the issue to be resolved.

23.4.         Complaints should be submitted immediately after the cause becomes known. Your statutory warranty and damage claims with the respective limitation periods remain unaffected by this. We will respond to your complaint within 15 business days.

24.              Card issuer/payment provider

24.1.         EMAS works with Unlimint EU Ltd (hereinafter "Unlimit"). Unlimit is the card issuer. Unlimit is registered in Cyprus (HE328641) and has its registered office and principal place of business at 125, Griva Digeni, Limassol 3101, Cyprus. Unlimit is licensed and regulated by the Central Bank of Cyprus as an e-money institution with license number 115.1.3.7/2018. Unlimit's license and details can be viewed in the Central Bank of Cyprus's register on its website www.centralbank.cy, where you can also find the Central Bank of Cyprus's details, contact information, and address.

24.2.         The card terms and conditions of Unlimit EU Ltd as the card issuer also apply to the use of the app and card. By applying for an EMAS service, you declare that you have read the Unlimit terms and conditions at and agree to be bound by them https://cdn.unlimit.com/wp-content/uploads/2025/06/23023352/UNL_EU_GTC_v2.0_1.07.2024.pdf

24.3.         In order to use the MasterCard debit card, you agree to the card terms and conditions of Unlimit, which you can view here: https://cdn.unlimit.com/wp-content/uploads/2025/06/23023347/UNL_EU_Card_TC__v2-01.07.2024.pdf

25.              Miscellaneous

25.1.         No person other than you has any rights under these Terms of Use.

25.2.         Your EMAS account is operated in Austria and these Terms of Use are governed by and construed in accordance with Austrian law.

25.3.         All disputes arising in connection with these Terms of Use or your EMAS account shall be heard exclusively before the courts in Austria.

25.4.         Should any provision of these Terms of Use be or become invalid, the remaining provisions shall remain valid. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. The same applies to any loopholes.

RIGHT OF WITHDRAWAL FOR CONSUMERS

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (EMAS Technology GmbH, Seilerstätte 15, 1010 Vienna, Austria, email: support@emas.technology of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

CONSEQUENCES OF CANCELLATION

If you withdraw from this contract, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to:

- Contracts for financial services whose price depends on fluctuations in the financial market (§ 18 (1) lit. 9 FAGG)

- Services that have been fully performed, if you have expressly agreed that we may begin performing the service before the expiry of the withdrawal period (§ 18 (1) (1) FAGG)

SAMPLE WITHDRAWAL FORM

(in accordance with Annex I Part B FAGG)

(Complete and return this form only if you wish to withdraw from the contract.)

To:

EMAS Technology GmbH

Seilerstätte 15

1010 Vienna

Austria

Email: support@emas.technology

I/We () hereby give notice that I/we () withdraw from my/our (*) contract for the provision of the following service:

Ordered on () / received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is submitted on paper):

Date:

(*) Delete as appropriate.

PRE-CONTRACTUAL INFORMATION IN ACCORDANCE WITH FAGG

Entrepreneur: EMAS Technology GmbH, FN 613775 k, Seilerstätte 15, 1010 Vienna, Austria

Phone: +43 1 2262277

Email: office@emas.technology

Essential characteristics of the service: EMAS provides a digital financial application that enables users to open and manage an electronic money account, store funds, execute payment transactions, access a payment card (where available), and buy, hold, and sell precious metals such as gold and silver. The services are provided via the EMAS mobile application and associated online interfaces.

Price: The applicable fees and charges are set out in the EMAS fee schedule available at https://www.emas.technology/pricing and may vary depending on the selected services and subscription plan.

Terms of delivery: The service will be provided after the account has been opened and successful identification has taken place.

Statutory warranty rights: The statutory warranty provisions apply.

Contract term: indefinite, terminable

Functionality of digital content:

The EMAS app enables users to:

• open and manage an electronic money account

• send and receive electronic payments

• view balances and transaction history

• buy, sell, and hold precious metals

• manage subscriptions (if applicable)

• access customer support

• manage security settings and authentication features

Functionality may vary depending on the user’s country of residence and verification status.

Compatibility:

The EMAS mobile application is compatible with current versions of iOS and Android operating systems and requires an active internet connection. Certain features may depend on device capabilities and regional availability.

Out-of-court dispute resolution: We participate in dispute resolution proceedings before the arbitration board for consumer transactions.