Self-Declared Risk Acknowledgement

1.1  All clients should thoroughly read and comprehend this Self-Declared Risk Acknowledgement ('Statement') provided herein. Gambit Custody Sdn Bhd ('Gambit Custody') advises clients to seek professional advice to ensure a comprehensive understanding of this Statement, including their rights and obligations.

1.2  Gambit Custody reserves the right to modify this Statement, in whole or in part, without prior notice. Any changes will be promptly published on Gambit Custody's Website(s) or Platform. It is your responsibility to regularly review this Statement for updates.

1.3  Your use of Gambit Custody's Website(s), Platform, or Digital Asset Services implies acceptance of the risks outlined herein.

2.1.1  The commingling of digital assets within omnibus structures may expose the Client to risk of asset misallocation or loss, such as inability to distinguish their individual Supported Digital Assets from those of other clients within such structure.

2.1.2  The commingling of digital assets within the omnibus structures may result in complexities in determining Tax liabilities and complying with the applicable Tax reporting requirements. The Client agrees to seek independent tax advice and understands that the Custodian does not provide tax advice or guidance.

2.1.3  The Custodian's digital infrastructure may be susceptible to cyberattacks, data breaches, unauthorized access or internal breaches.

2.1.4  The Custodial Services involves the use of a cold wallet, an offline secure storage solution for Supported Digital Assets. The majority of the Supported Digital Assets held in custody reside in the cold wallet for heightened security. Consequently, Withdrawals may take longer to process.

2.1.5  The Custodian may face risks related to insolvency or operational failures, which could result in the inability to fulfill its custodial obligations, leading to potential loss of access to the Client's Supported Digital Assets or delays in their retrieval.

2.1.6  The Client's Custody Account may be deactivated, suspended, terminated or cancelled at the Custodian's sole discretion, including but not limited to reasons such as a breach or suspected breach of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001, suspicious transactions, violations of the Terms of Service, and violations of any applicable Laws.

2.1.7  The Client may experience communication failures, disruptions, errors, distortions or delays when using the Platform.

The Custodian shall use all reasonable efforts in mitigating the risks associated with the Custodial Services provided to the Client, by undertaking the following actions, including but not limited:

2.2.1  maintaining clear and verifiable audit trails for all transactions to ensure asset traceability and accountability.

2.2.2  establishing a well-defined asset allocation procedure and providing regular, detailed Statements to the Client in relation to the Supported Digital Assets held in its custody.

2.2.3  enforcing segregation of duties within the Custodian to minimize the risk of internal fraud or manipulation.

2.2.4  implementing industry-leading cybersecurity measures, such as cold storage, multi-signature wallets, penetration testing, and regular security audits; and enforcing strict access controls, conducting thorough employee background checks, and maintaining ongoing security monitoring.

2.2.5  outlining comprehensive terms and conditions in relation to asset allocation and dispute resolution procedures; and

2.2.6  maintaining good financial health and minimum shareholder funds as required by regulatory guidelines and a rigorous risk management framework, as well as maintaining operational excellence, with stringent security protocols, regular audits, and transparent communication practices.

The Client agrees and acknowledges that there are risks associated with using a digital asset, including without limitation:

2.3.1  the digital assets are not recognized as legal tender or as a form of payment instrument in Malaysia and lack backing from the Governmental Authorities in Malaysia. The Client acknowledges that there is no recourse against an issuing entity, and the Custodian or any other party is not obligated to repurchase Supported Digital Assets in the future;

2.3.2  the regulatory regime governing blockchain technologies and digital assets is uncertain and the Client acknowledges and accepts that new regulations or policies may materially and adversely affect the development of the Platform, and by extension, the use, transfer, value and potential utility of the digital assets;

2.3.3  transactions involving the Supported Digital Assets on the Platform are irreversible. The Client understands that recovery may not be possible in cases such as sending Supported Digital Assets to an incorrect address or protocol, sending an incorrect amount, or in cases of fraudulent digital asset transactions from the Custody Account; and

2.3.4  the Client is aware that any technological issues faced by a service provider may hinder access to or use of its Supported Digital Assets held in its Custody Account.

2.4.1  By accessing this Website, you are required to adhere to and maintain compliance with any legal or regulatory restrictions that may impact your eligibility to access, utilize the Website or Platform, and/or receive the Services;

2.4.2  Transactions conducted on this Website or Platform are considered binding and cannot be canceled or reversed, except in cases of Gambit Custody's system errors or malfunctions;

2.4.3  Gambit Custody reserves the right to suspend your account at any time, at its sole discretion, for various reasons, including but not limited to breaches or suspected breaches of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA), suspicious transactions, violations of our Terms and Conditions, and violations of the law;

2.4.4  All content within the Website or Platform and/or Services is presented solely for informational purposes. None of the content within the Website or Platform and/or Services is intended to serve as advice (financial or otherwise), and users should refrain from relying on the Website or Platform and/or Services when making decisions or taking any form of action;

2.4.5  You have carefully evaluated and understood the risks linked to Supported Digital Assets, and you have independently opted to utilize Gambit Custody's service for them, exercising your sole and absolute discretion;

2.4.6  The Website/Platform/Service is offered without any form of warranty, and Gambit Custody cannot guarantee that the site will be consistently fully operational; and

2.4.7  When submitting Supported Digital Assets for custody, Gambit Custody explicitly disclaims any implied warranties, including merchantability, fitness for a particular purpose, and non-infringement to the extent permitted by law. Gambit Custody, along with its officers, directors, employees, and representatives, assumes no liability for any direct or indirect loss or damage, foreseeable or otherwise. This includes indirect, consequential, special, or exemplary damages, as well as loss of revenue, profits, or data resulting from the custody of Supported Digital Assets and/or the use of the Website, Platform, and/or Services, or any information contained therein. Users utilize the Website, Platform, and/or Services at their own risk.

3.1  I acknowledge that this Statement may not encompass all potential risk factors, and there may be additional considerations to consider before depositing Digital Assets for Custody.

3.2  I acknowledge and agree that the website, platform and/or service may become unavailable at unspecified times due to various circumstances, and Gambit Custody will not be held liable for any losses incurred during system downtime.

3.1  I have carefully reviewed, completely understood, and agreed to the risks and terms and conditions described herein concerning transactions involving Supported Digital Assets on Gambit Custody's Website, Platform, and/or Service. Additionally, I acknowledge that this statement will have legal effect and be binding upon me.