Terms of Service & Legal Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Capital Digital ("Company," "we," "us," or "our") governing your access to and use of our digital banking platform, website, mobile applications, and related financial services (collectively, the "Services").

Binding Agreement

By accessing, registering for, or using any of our Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms
• You are at least 18 years old and have the legal capacity to enter into binding contracts
• You comply with all eligibility requirements specified in Section 3
• You accept our Privacy Policy and Cookie Policy

For the purposes of these Terms, the following definitions apply:

To use our Services, you must meet the following eligibility criteria:

Age Requirement

You must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher.

Legal Capacity

You must have the legal capacity to enter into binding contracts under applicable law.

Geographic Restrictions

Our Services are available to residents of countries where we are authorized to operate. Some services may be restricted based on your location.

Prohibited Jurisdictions

We do not provide services to residents of countries subject to comprehensive economic sanctions by the United Nations, European Union, United States, or United Arab Emirates.

Registration Process

To create an account, you must:

1. Provide accurate, current, and complete information during registration
2. Maintain and promptly update your information to keep it accurate
3. Provide valid government-issued identification documents
4. Complete any additional verification steps we require

Account Types

We offer the following account types:

• Personal Accounts: For individual use only
• Business Accounts: For registered business entities
• Corporate Accounts: For larger organizations with multiple users

Account Verification

We reserve the right to:

• Request additional verification documents at any time
• Delay or restrict account access during verification
• Refuse account registration at our sole discretion
• Close accounts that fail verification requirements

Your Security Responsibilities

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Implementing reasonable security measures on your devices
• Immediately notifying us of any unauthorized access
• Using strong, unique passwords and enabling two-factor authentication

Our Security Measures

We implement industry-standard security measures including:

• 256-bit SSL encryption for all data transmissions
• Multi-factor authentication options
• Regular security audits and penetration testing
• Advanced fraud detection systems
• Secure data storage with encryption at rest

Capital Digital provides the following digital banking services:

Core Banking Services

• Multi-Currency Accounts: Hold, send, and receive funds in multiple currencies
• Global Money Transfers: Send money internationally with competitive exchange rates
• Currency Exchange: Exchange between 45+ currencies at interbank rates
• Bill Payments: Pay utilities, invoices, and other bills
• Direct Debits: Set up recurring payments and subscriptions

Additional Features

• Rate Alerts: Set notifications for favorable exchange rates
• Business Tools: Batch payments, payroll services, and API access
• Analytics Dashboard: Financial insights and spending analysis
• Mobile Applications: Full banking functionality on iOS and Android

Service Limitations

We reserve the right to:

• Modify, suspend, or discontinue any service at any time
• Impose transaction limits based on account type and verification level
• Refuse any transaction that violates these Terms or applicable laws
• Temporarily suspend services for maintenance or security reasons

Fee Structure

Our fee structure is transparent and includes:

Fee Changes

We reserve the right to modify our fee structure with 30 days' notice. Continued use of Services after fee changes constitutes acceptance of new fees.

Third-Party Fees

Additional fees may be charged by:

• Correspondent banks for international transfers
• Local payment networks and clearing systems
• Regulatory authorities for compliance checks

These fees are outside our control and will be clearly disclosed before transaction completion.

Transaction Authorization

By initiating a transaction, you authorize us to:

• Debit your account for the transaction amount plus applicable fees
• Convert currencies at the prevailing exchange rate
• Share necessary information with payment processors and banks
• Comply with regulatory reporting requirements

Transaction Processing Times

• Instant Transfers: Between Capital Digital accounts (immediate)
• Local Transfers: Within UAE (1-2 business days)
• International Transfers: 2-5 business days depending on destination
• Currency Exchange: Immediate for major currencies

Irreversible Transactions

Most transactions cannot be reversed once initiated. Exceptions include:

• Transactions subject to regulatory holds
• Transactions identified as fraudulent
• Errors on our part in processing

Exchange Rates

We provide exchange rates based on:

• Interbank Rates: Real-time rates from major financial markets
• Our Margin: A small percentage added to cover operational costs
• Market Conditions: Rates fluctuate based on market volatility

Rate Guarantees

Exchange rates are guaranteed for:

• Spot Transactions: Rate locked at transaction initiation
• Forward Contracts: Rate locked for future delivery (premium accounts only)
• Rate Alerts: Notifications when target rates are reached

Exchange Limitations

We may impose limits on currency exchanges due to:

• Regulatory requirements in certain jurisdictions
• Market volatility and liquidity constraints
• Risk management policies
• Account verification level

Data Collection & Use

By using our Services, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy.

Regulatory Compliance

We comply with all applicable data protection regulations including:

• UAE Data Protection Law
• GDPR for European Union residents
• CCPA for California residents
• Financial regulatory requirements

Data Sharing

We may share your information with:

• Regulatory authorities as required by law
• Financial institutions for transaction processing
• Service providers under strict confidentiality agreements
• Law enforcement with proper legal process

Our Intellectual Property

All content, features, and functionality available through our Services are owned by Capital Digital and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our Services for personal or business purposes
• Download and use our mobile applications on your devices
• Use our API in accordance with separate API terms

Restrictions

You may not:

• Copy, modify, or create derivative works of our Services
• Reverse engineer, decompile, or disassemble any part of our platform
• Remove any copyright, trademark, or other proprietary notices
• Use our intellectual property for commercial purposes without authorization

Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms.

Communication Standards

When communicating with our team or other users, you agree to:

• Maintain professional and respectful communication
• Not engage in harassment, threats, or abusive behavior
• Not impersonate any person or entity
• Not provide false or misleading information

Platform Integrity

You agree not to:

• Interfere with or disrupt the integrity or performance of our Services
• Attempt to gain unauthorized access to our systems or data
• Use automated systems to access our Services without permission
• Circumvent any security or access controls

Financial Crime Prohibitions

You may not use our Services for:

• Money laundering or terrorist financing
• Tax evasion or avoidance
• Fraudulent activities or schemes
• Sanctions evasion or prohibited transactions

Illegal Activities

You may not use our Services in connection with:

• Illegal gambling or betting operations
• Narcotics trafficking or illegal drug trade
• Human trafficking or exploitation
• Weapons trafficking or illegal arms trade

Other Prohibitions

You may not use our Services for:

• Pyramid schemes or Ponzi schemes
• Market manipulation or insider trading
• Transactions with sanctioned individuals or entities
• Any activity that violates applicable laws or regulations

Your Termination Rights

You may close your account at any time by:

1. Withdrawing all funds from your account
2. Submitting a written closure request
3. Completing any required exit procedures

Our Termination Rights

We may suspend or terminate your account immediately if:

• You violate these Terms or applicable laws
• We suspect fraudulent or illegal activity
• You provide false or misleading information
• Required for compliance with legal or regulatory requirements
• You pose an unacceptable risk to our platform or other users

Effects of Termination

Upon termination:

• Your right to use our Services immediately ceases
• We will close your account after settling all transactions
• You remain liable for all charges and obligations incurred before termination
• We may retain your information as required by law

Informal Resolution

Before initiating formal proceedings, you agree to:

1. Contact our customer support team to attempt resolution
2. Provide detailed information about the dispute
3. Allow 30 days for us to investigate and respond

Arbitration Agreement

Any dispute arising from these Terms shall be resolved by binding arbitration in Abu Dhabi, UAE, in accordance with the rules of the Abu Dhabi Global Market Arbitration Centre.

Class Action Waiver

You waive any right to participate in class actions, class arbitrations, or representative actions against us.

Time Limitation

Any claim arising from these Terms must be filed within one year of the event giving rise to the claim.

Exclusion of Certain Damages

To the maximum extent permitted by law, we shall not be liable for:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from third-party actions
• Damages beyond our reasonable control

Liability Cap

Our total liability for any claims shall not exceed the greater of:

• AED 5,000 (Five Thousand UAE Dirhams)
• The total fees you paid to us in the 6 months preceding the claim

Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

You agree to indemnify, defend, and hold harmless Capital Digital, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your access to or use of our Services
• Your violation of these Terms
• Your infringement of any third-party rights
• Your conduct in connection with our Services
• Any transactions you initiate or receive

Cooperation

You agree to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Right to Amend

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you via email or through our platform
• Provide at least 30 days' notice for material changes

Your Acceptance of Changes

Your continued use of our Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using our Services before the changes take effect.

Material Changes

For material changes that adversely affect your rights, we will provide additional notice and may require you to explicitly accept the new Terms.

Governing Law

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

Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Abu Dhabi Global Market, and you hereby consent to personal jurisdiction and venue in such courts.

Regulatory Compliance

Our Services and these Terms comply with regulations issued by:

• UAE Central Bank
• Abu Dhabi Global Market Financial Services Regulatory Authority
• Other relevant regulatory bodies in jurisdictions where we operate

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather events
• War, terrorism, or civil unrest
• Government actions, regulations, or restrictions
• Pandemics, epidemics, or public health emergencies
• Power failures, internet outages, or telecommunications failures
• Labor disputes or strikes
• Cyber attacks or security breaches by third parties

Notification

In the event of force majeure, we will make reasonable efforts to notify you and resume normal operations as soon as possible.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

Replacement Provision

If any provision is held invalid, the parties shall negotiate in good faith to replace it with a valid provision that most closely reflects the original intent.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

These Terms, together with our Privacy Policy, Cookie Policy, and any other legal agreements referenced herein, constitute the entire and exclusive agreement between you and Capital Digital regarding our Services.

Supersession

These Terms supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to our Services.

Incorporation by Reference

The following documents are incorporated by reference and form part of these Terms:

• Privacy Policy
• Cookie Policy
• Fee Schedule (as updated from time to time)
• API Terms of Use (if applicable)

Electronic Notices

You agree that all notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

Methods of Notice

We may provide notices through:

• Email to the address associated with your account
• In-app notifications or messages
• Text messages (SMS) to your registered mobile number
• Posting on our website or platform

Your Notices to Us

Notices to us must be sent to:

Capital Digital
Legal Department
Etihad Towers, Tower 2
Corniche West Street, Al Bateen Area
Abu Dhabi, UAE
Email: legal@capitaldigitalplc.online

Our Assignment Rights

We may assign, transfer, or delegate our rights and obligations under these Terms without your consent in connection with:

• A merger, acquisition, or sale of assets
• A corporate reorganization or restructuring
• Transfer of our business to an affiliate or successor entity

Your Assignment Restrictions

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent shall be void.

Successors and Assigns

These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Third-Party Integration

Our Services may integrate with or provide links to third-party services, including:

• Payment processors and banks
• Identity verification providers
• Analytics and marketing services
• Cloud infrastructure providers

No Endorsement

We do not endorse, warrant, or assume responsibility for any third-party services. Your use of third-party services is at your own risk.

Third-Party Terms

When you use third-party services, you may be subject to their terms and conditions and privacy policies. We encourage you to review these documents.

Legally Binding

You agree that electronic signatures, including clicking "I Agree" buttons and other digital affirmations, have the same legal effect as handwritten signatures.

Records

We maintain electronic records of all agreements, consents, and authorizations. These records shall be admissible as evidence in any legal proceeding.

Consent to Electronic Communications

By using our Services, you consent to receive all communications electronically, including agreements, notices, disclosures, and other information.

General Inquiries

For general questions about these Terms or our Services:

Email: support@capitaldigitalplc.online
Phone: +971 4 420 6263
Hours: Sunday - Thursday, 8:00 AM - 6:00 PM GST

Legal Department

For legal notices or formal communications:

Capital Digital
Legal Department
Etihad Towers, Tower 2
Corniche West Street, Al Bateen Area
Abu Dhabi, UAE
Email: legal@capitaldigitalplc.online

Regulatory Information

Capital Digital is regulated by the Abu Dhabi Global Market Financial Services Regulatory Authority. Our regulatory status can be verified through the ADGM public register.