Customer Agreement (EU)

1. Parties and Acceptance

This Customer Agreement (the "Agreement") is entered into between:

Polar Tensor™ Europe SP ZOO (the "EU Custodian", "we", "us", or "our"); and
the individual or legal entity accepting this Agreement (the "Client" or "you").

By creating an account, completing onboarding, or using any service, you confirm that you have read, understood, and agreed to be bound by this Agreement and all incorporated disclosures and policies.

2. Regulatory Framework and Legal Characterisation

2.1 Regulatory Basis

This Agreement is intended to comply with applicable European Union law, including Regulation (EU) 2023/1114 on Markets in Crypto-Assets (MiCA), applicable national implementing measures, and related consumer-protection rules.

2.2 Nature of Services

The services provided under this Agreement are limited to:

onboarding and account administration;
custody and safeguarding of crypto-assets on behalf of clients;
processing of deposits and withdrawals; and
providing access to execution-only trading technology.

This Agreement does not create:

investment advice;
discretionary portfolio management;
collective investment schemes;
alternative investment funds; or
fiduciary duties beyond those expressly stated.

3. Eligibility and EU Residency

You represent and warrant that:

you are a resident of the European Union or otherwise eligible to onboard through the EU entity;
you are legally capable of entering into this Agreement; and
you are not subject to sanctions or legal restrictions.

Non-EU residents are not eligible under this Agreement and must onboard through the appropriate non-EU entity.

4. Custody and Safeguarding of Assets

4.1 Custodial Role

The EU Custodian provides custody and safeguarding of client crypto-assets in accordance with MiCA requirements.

Client assets are:

held on a segregated, attributable basis;
recorded per individual client; and
subject to withdrawal rights exercisable by the client.

4.2 Ownership

Legal and economic ownership of crypto-assets remains with the client at all times.

The EU Custodian does not acquire ownership, beneficial interest, or title to client assets.

5. Execution-Only Technology Access

5.1 Execution Layer Provider

Execution functionality is provided via technology operated by:

Polar Tensor™ Corp.

This entity acts solely as a technical execution agent and does not:

onboard EU clients;
provide custody;
exercise discretionary control; or
provide investment advice.

5.2 Client Activation and Control

Automated execution:

is inactive by default;
requires explicit, manual client activation; and
may be deactivated by the client at any time, subject to in-flight execution processes.

6. Temporary Transfers for Execution

Where a client activates execution functionality:

a defined trading balance may be transferred temporarily to the execution layer solely for technical execution;
such transfer does not constitute a transfer of ownership;
assets are restricted to spot crypto-asset trading only; and
no lending, rehypothecation, or collateralisation occurs.

Aggregated (omnibus) execution wallets, where used, are technical only and do not result in economic pooling.

7. Fees and Charges

Fees may include:

technology access or licence fees; and
performance-linked software fees applied only to realised results, as contractually defined.

All fees are:

disclosed in advance;
transparent and measurable; and
not linked to discretionary decision-making.

No guarantees of profit, return, or capital protection are provided.

8. Client Representations and Responsibilities

You represent and warrant that:

information provided during onboarding is accurate and complete;
you act on your own behalf unless expressly disclosed otherwise; and
you understand and accept the risks associated with crypto-assets and automated trading.

You are solely responsible for:

deciding whether to activate or deactivate execution functionality;
monitoring your account and activity; and
complying with applicable laws and tax obligations.

9. Withdrawals and Restrictions

Withdrawal requests:

are submitted through official interfaces of the EU Custodian; and
are processed subject to compliance, security, and legal checks.

Withdrawals may be temporarily delayed where required by:

MiCA or other regulatory obligations;
AML/CFT or sanctions checks; or
technical or security considerations.

10. Risk Acknowledgement

You acknowledge that:

crypto-assets are volatile and high risk;
losses, including total loss of capital, may occur; and
past performance is not indicative of future results.

11. No Investment Advice or Discretion

No entity involved in the services:

provides personalised investment advice;
assesses suitability or appropriateness; or
manages assets on a discretionary basis.

All decisions remain with the client.

12. Complaints and Redress

You have the right to submit complaints in accordance with the applicable complaints-handling policy.

EU clients retain the right to escalate complaints to competent supervisory or consumer-protection authorities as provided by law.

13. Suspension and Termination

Services may be suspended or terminated:

for breach of this Agreement;
to comply with legal or regulatory obligations; or
for security or risk-management reasons.

Termination does not affect accrued rights or obligations.

14. Limitation of Liability

To the maximum extent permitted by EU law:

liability is limited to direct losses arising from proven breach; and
no liability is accepted for indirect, consequential, or market-related losses.

Nothing in this Agreement limits mandatory consumer-protection rights.

15. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Republic of Poland and applicable EU law, without prejudice to mandatory consumer-protection provisions.

16. Entire Agreement

This Agreement, together with incorporated disclosures and policies, constitutes the entire agreement between you and the EU Custodian regarding the services.