Steaker Online Product Purchase Agreement

The contracting party uses Steaker's online product purchase service. To ensure your rights, please read the terms and conditions shown in the product purchase page and this Agreement in detail. When you tick the checkbox "I agree to be bound and abide by the product terms and conditions as shown above and the terms of Steaker Online Product Purchase Agreement", it means that you agree to be bound and abide by the terms and conditions of the Current Product Purchased and this Agreement. You agree and understand that your use of the Steaker online product purchase service is governed by the terms of the Current Product Purchased and this Agreement, and that because you also use Steaker’s services, you are bound by the Steaker Terms of Use. Steaker reserves the right to amend this Agreement at any time without prior notice.

1.Terms

1."Steaker": It refers to Steaker Inc., the website https://steaker.com/ and all mobile application versions of that website.
2."Products": It refers to the purchase options available to the contracting party on Steaker.
3."The Current Product Purchased": It refers to the product purchased on Steaker by the contracting party.
4."Contract Period": It refers to the duration of the Current Product Purchased.
5."Contracting Party’s Steaker Wallet": It refers to the virtual asset wallet that Steaker provided after the contracting party registered.
6."The Agreed Amount of Virtual Asset": It refers to the virtual asset and its amount that the contracting party fills out and puts in for the Current Product Purchased.
7."The Currency Supported by Steaker": It refers to the cryptocurrencies accepted for Products.
8."The Designated Deposit Currency": It refers to the currency that the contracting party chooses to put in for the Current Product Purchased.
9."The Designated Withdrawal Currency": It refers to the currency that the contracting party chooses to redeem for the Current Product Purchased and is limited only to the original Designated Deposit Currency.
10."Redemption": It refers that Steaker will settle the Agreed Amount of Virtual Asset for the Current Product Purchased, together with earnings, liquidated damages, incentive fees, redemption fees, management fees, and any other remunerations and fees agreed by the contracting party and Steaker, and deliver such amount in the Designated Withdrawal Currency to the contracting party’s Steaker wallet.
11."Incentive Fee": It refers to a certain percentage of the contracting party’s earnings from the Current Product Purchased calculated according to the terms of the Current Product Purchased as an incentive fee.
12.“Redemption Fee”: It refers to a certain percentage of the Agreed Amount of Virtual Asset and the earnings from the Current Product Purchased minus the incentive fee and management fee, calculated in accordance with the agreed terms of the Current Product Purchased as a redemption fee.
13.“Management Fee”: It refers to a certain percentage of the Agreed Amount of Virtual Asset, calculated in accordance with the agreed terms of the Current Product Purchased as a management fee.

2. Contracting Party Obligation

1.The contracting party must provide the Agreed Amount of Virtual Asset to the contracting party’s Steaker Wallet for the purchase.
2.The contracting party may check the earnings from the Current Product Purchased through his/her/its account on Steaker at any time, but the actual final earnings are subject to Steaker’s settlement in the redemption process of the Current Product Purchased.
3.The contracting party agrees to pay the incentive fee to Steaker according to the terms of the Current Product Purchased upon expiry or early termination of the Contract Period. For the avoidance of doubt, if upon expiry or early termination of the Contract Period the Current Product Purchased suffers a loss without earnings, the contracting party is not required to pay the incentive fee.
4.The contracting party agrees to pay the redemption fee and management fee to Steaker according to the terms of the Current Product Purchased upon expiry or early termination of the Contract Period.
5.If the terms of the Current Product Purchased are such that the contracting party may request early termination, the contracting party agrees to pay Steaker liquidated damages upon request for early termination in accordance with the terms of Current Product Purchased. If the contracting party purchases the Variable-Rate project (three months, six months, or one year), the amount of virtual assets put in by the contracting party will be subject to liquidated damages calculated in accordance with the drawdown ratio set forth in the Appendix, and the contracting party agrees to pay such liquidated damages to Steaker.

3.Steaker Obligation

1.Except as otherwise provided in the terms of the Current Product Purchased or this Agreement, Steaker will perform in accordance with the terms of the Current Product Purchased after the contracting party's purchase.
2.Upon the expiry or early termination of the Contract Period out of any reason, the contracting party may request redemption from Steaker. Unless otherwise announced by Steaker, Steaker will complete the redemption process within 1 business days after receiving the contracting party's request.
3.Steaker shall pay earnings to the contracting party in accordance with the terms of the Current Product Purchased. However, depending on the terms of the Current Product Purchased, if the Current Product Purchased suffers losses and no earning is incurred, Steaker does not need to pay earnings to the contracting party.
4.If there is a stop-loss point in the terms of the Current Product Purchased, Steaker will terminate the Contract Period in advance when the stop-loss point is reached.

4.Duty of Confidentiality

1.The contracting party shall be under an obligation to keep confidential any information or documents of a confidential nature (including but not limited to information or documents designated as confidential by Steaker and/or Steaker's affiliates) (hereinafter collectively referred to as "Confidential Information") of Steaker and/or Steaker's affiliates known or held by the contracting party as a result of the contracting party's purchase of products on Steaker during, at the expiry of, or after the termination of the Contract Period. Except as otherwise provided by law or with the prior written consent of Steaker, the Confidential Information shall not be disclosed to any third party (excluding Steaker's representatives, employees, professional advisors, and affiliates and their representatives, employees, and professional advisors who have a need to know), whether an individual or a company or any other organization, or used for their own benefit or for the benefit of others in any manner for any purpose other than those specified in the terms of this Agreement.
2.The terms of this Agreement do not expressly or implicitly authorize or transfer any rights or benefits of any Confidential Information to the contracting party. Steaker or its affiliates (as the case may be) retain the ownership of Confidential Information and all other rights and interests.
3.If the contracting party requires the disclosure of Confidential Information due to statutory regulations, the contracting party shall notify Steaker in time before the disclosure, except for those prohibited by the statute, and the disclosure shall be limited to the extent required by the statute.

5.Warranty

1.If the contracting party fails to abide by any applicable law or the terms of this Agreement and causes damage to Steaker, the contracting party shall be liable for damages for the losses suffered by Steaker and/or the affiliated enterprises of Steaker. The contracting party shall assist in settling or eliminating and assume all liability (including but not limited to damages arising from any claim, demand or assertion of any legal right of such third party) for any claim, demand or assertion by a third party against Steaker and/or Steaker's affiliates arising out of a violation of law or the terms of this Agreement. In addition to the aforementioned liability for damages, the contracting party should also bear a punitive penalty of 30,000 USD equivalent in virtual assets for its breach of contract.
2.The contracting party guarantees that he/she/it has the necessary qualifications, authority, or status to sign and fully perform their obligation under the terms of this Agreement.
3.The contracting party acknowledges and agrees that Steaker's products do not involve any type of currency, securities, futures or other financial instruments. The contracting party is aware that only virtual assets are used for the purchase and return of Steaker products and that the value of virtual assets may fluctuate significantly depending on public trading market factors and that trading or holding virtual assets may result in losses. The contracting party represents and warrants that it has fully understood the risks and characteristics of Steaker products and has fully considered and evaluated the risks it can bear before purchasing Steaker products, and the contracting party has waived any and all claims against Steaker for any loss or damage arising from the risks associated with the contracting party's trading or holding of virtual assets.
4.The contracting party is obliged to understand and comply with the laws and tax regulations related to the holding, investment or trading of virtual assets, and the contracting party agrees to bear any tax costs arising from the use of Steaker services or the purchase of Steaker products.

6.Termination and Effects

1.In the event of any of the following incidents by either party, the other party may terminate the terms of the Current Product Purchased and this Agreement by written or E-mail notice: (1) Suspension of business in whole or in part, bankruptcy, reorganization or entering into liquidation or other similar procedures; and (2) Due to force majeure or other unexpected events, or reasons not attributable to both parties, the terms of this Agreement cannot be performed. The above "force majeure" refers to objective events (including but not limited to natural disasters, social events, and the enactment or change of applicable laws, regulations, policies, administrative or judicial interpretations that would cause the performance of the terms of this Agreement to be in violation of the foregoing, etc.) that cannot be foreseen, cannot be controlled and cannot be avoided, and have a significant impact on one or both parties; "Unexpected Incidents" refers to uncontrollable international network failures, website hacking, information security accidents, investigation or search and seizure by judicial authorities, enforcement by administrative agencies, and other similar incidents.
2.Steaker may terminate the terms of the Current Product Purchased and this Agreement by written or E-mail notice if any of the following occurs: (1) the contracting party is suspected of violating the terms of this Agreement, the terms of the Current Product Purchased or other illegal or improper conduct; (2) any information provided by the contracting party during the registration process is incorrect, not current or incomplete; and (3) the contracting party does not cooperate with Steaker in verifying the identity of the user, or does not cooperate in explaining the nature, purpose or source of funds of the transaction.
3.For the purpose of protecting the value of the contracting party's virtual assets, Steaker may, at its sole discretion, cancel or early terminate the Current Product Purchased and the terms of this Agreement after taking into account the security of the virtual assets and market conditions. However, this does not impose any additional obligations on Steaker, and the contracting party should fully understand the risks of the products on Steaker and the terms and conditions of the Current Product Purchased before purchasing, and perform in accordance with the agreement after purchasing.
4.The expiration or, in any event, early termination of the Current Product Purchased or this Agreement shall not affect the rights and obligations of the contracting party and Steaker arising out of the terms of the Current Product Purchased and this Agreement, nor shall it affect the exercise of either party's right to claim damages.
5.After the expiration or termination of the Current Product Purchased or this Agreement, if there is any outstanding debt owed by the contracting party to Steaker, the contracting party shall settle the same within 10 days after such expiration or termination.
6.Upon the expiration or termination of the Current Product Purchased or this Agreement or any of these terms becomes invalid due to any reason, all provisions of the terms of this Agreement which by their nature shall extend beyond the expiration or termination of the Agreement, including but not limited to the provisions of Section 4 to 8, shall continue to be in effect.

7.Disclaimer

Steaker takes no responsibility for the following situations:

1.The value of the products and virtual assets will vary depending on the virtual assets market conditions, including but not limited to the following situations: (a) Depreciation of the virtual assets; and (b) Virtual assets are delisted or cease to operate.
2.Due to market force majeure factors in the virtual assets market, the products of Steaker have caused losses, including but not limited to the following situations: (a) The abnormal impact caused by the smart contract launched; (b) Suspension of business, bankruptcy, reorganization or entering into liquidation of the relevant operators of virtual assets or exchange; and (c) The blockchain operation is abnormal or stopped. (for example: 51% attack, emergency hard fork, etc.)
3.Other force majeure events and unexpected incidents as indicated in Section 6(1).

8.Other Agreed Items

1.The terms of the Current Product Purchased and the Agreement (including appendix) constitute the entire agreement to purchase Steaker products and, when signed, supersede all oral agreements or records between the contracting party and Steaker prior to the execution of the foregoing terms.
2.If any part of the terms of this Agreement is found to be invalid, it will not affect the effectiveness of other terms.
3.Without the written consent of Steaker, the contracting party shall not assign or transfer all or part of the rights and obligations under the Current Product Purchased or this Agreement to a third party, nor shall it be appointed by a third party. In the event of any unauthorized assignment or transfer by the contracting party, such action shall not be held against Steaker and Steaker shall be entitled to terminate the Current Product Purchased and this Agreement, and Steaker shall not be liable for such termination.
4.Any matters not covered by the terms of the Current Product Purchased and this Agreement shall be subject to separate negotiation between the parties and the execution of a supplemental agreement, which shall have the same legal effect as the aforesaid terms.

Appendix 1-Variable-Rate project, one-year period earlier termination form break in period.

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Appendix 2-Variable-Rate project, 6-month period earlier termination form break in period.

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Appendix 3-Variable-Rate project, 3-month period earlier termination form break in period.

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Effective2022/08/11