Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and THAT COIN PTY LTD (ACN 653 947 454) ("THAT", "we", "us", or "our"), an Australian company. They govern your access to and use of the THAT website, the THAT mobile application (the "App"), and the related services we provide (together, the "Services").

By accessing or using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, please do not use the Services.

We may provide additional terms for particular features (for example, the THAT token or merchant participation). Where they apply, those terms form part of your agreement with us and prevail over these Terms to the extent of any inconsistency for that feature.

In these Terms:

• "App" means the THAT non-custodial wallet application for iOS and Android.
• "Digital Asset" means a blockchain-based token or cryptocurrency, including the THAT token.
• "THAT token" means THAT's fixed-supply ERC-20 utility token on Ethereum, bridged to Polygon.
• "Wallet" means the non-custodial crypto wallet within the App, which is controlled solely by you.
• "Recovery Phrase" and "Private Keys" mean the seed phrase and cryptographic keys that control your Wallet.
• "Merchant" means a business that accepts crypto payments and that you may discover and pay through the App.
• "Third-Party Services" means services operated by others that the App connects to, including Onramper, 1inch, the cross-chain bridge, public blockchain networks, and app stores.
• "THATBACK" means THAT's promotional rewards programme.

To use the Services, you must be at least 18 years old and able to enter into a legally binding contract. You must not be a person with whom dealings are restricted under Australian sanctions law (including the Australian Government's DFAT Consolidated List) or any other applicable sanctions list, and you must not be located in, or a resident of, a comprehensively sanctioned country or region.

You agree to comply with these Terms and with all laws that apply to you. If you use the Services on behalf of a business or other entity, you represent that you are authorised to bind it. We may refuse, suspend, or terminate access for anyone who does not meet these requirements.

THAT provides non-custodial software that lets you hold and manage Digital Assets in a self-custody Wallet, discover Merchants that accept crypto, and pay Merchants directly, on-chain, by scanning a QR code — wallet-to-merchant, with no conversion to fiat currency and no card network in between. The Services may also let you access Third-Party Services to obtain or swap Digital Assets, and may include the THATBACK rewards programme.

The Services are software and information tools only. We are not a party to the transactions you make using your Wallet, and we do not buy, sell, hold, exchange, or transmit Digital Assets on your behalf. We may add, change, or remove features at any time.

The Wallet is non-custodial. In practice, this means:

• We never take custody or control of your Digital Assets, and we have no access to your Recovery Phrase or Private Keys. You alone control your Wallet and your funds.
• We do not store, back up, or have any ability to recover your Recovery Phrase, Private Keys, password, or PIN, and (consistent with our Privacy Policy) we do not store your transaction history.
• You are solely responsible for securing your Recovery Phrase, Private Keys, device, and credentials, and for all activity that occurs through your Wallet.
• If you lose your Recovery Phrase or Private Keys, or they are compromised, your Digital Assets may be permanently and irrecoverably lost. We cannot reset, restore, freeze, reverse, or refund them, and we are unable to help you recover them.
• We can never move, freeze, or return your Digital Assets, and we will never ask you for your Recovery Phrase or Private Keys. Anyone who asks you for them is trying to defraud you.

When you pay a Merchant or send Digital Assets, the transaction is recorded on a public blockchain.

• Blockchain transactions are final and irreversible once broadcast. They cannot be cancelled, reversed, charged back, or refunded by us.
• You are responsible for the details of every transaction, including the recipient address, the network or chain, and the amount. Transactions sent to the wrong address or network, or for the wrong amount, generally cannot be recovered, and we are not responsible for them.
• Transactions may be delayed or may fail because of blockchain network conditions outside our control. We do not guarantee that a transaction will confirm within any particular time, or at all.
• Your payment is a direct transfer to the Merchant. Any issue with the goods or services you buy — including quality, delivery, refunds, or disputes — is solely between you and the Merchant. We are not a party to that relationship and do not provide refunds, chargebacks, or dispute resolution for Merchant transactions.

The THAT token is a fixed-supply utility token designed to be spent on goods and services with participating Merchants. We do not offer the THAT token as, and it should not be treated as, an investment or a way to obtain profit, income, or financial return. It carries no promise or expectation of value or appreciation, and its value may fall, including to zero.

You are responsible for understanding the THAT token before acquiring or using it. The token's design and supply are described in the THAT whitepaper, which is provided for information only.

From time to time we may offer promotional rewards ("THATBACK") to users who spend with participating Merchants. Where offered, THATBACK rewards are promotional and discretionary, may have eligibility conditions, and may be changed, suspended, or withdrawn at any time. They have no cash value except as expressly stated, and are not an entitlement. Specific THATBACK terms may apply and, where they do, form part of these Terms.

The App connects to services operated by others, including Onramper (to buy crypto with fiat currency), 1inch (to swap tokens), a cross-chain bridge (to move tokens between Ethereum and Polygon), public blockchain networks, and the Apple App Store and Google Play.

• Third-Party Services are governed by their own terms, fees, and privacy policies. You should review them, and your use of them is at your own risk.
• We provide access to Third-Party Services as a convenience. We do not operate, control, endorse, or guarantee them, and we are not responsible or liable for their availability, accuracy, fees, acts, or omissions — including any quote or rate, which is an estimate only and may change.
• We may add, suspend, or remove Third-Party Service integrations at any time.

We do not charge a fee to download the App or to pay Merchants within it, and in-app payments are currently sponsored — free to you — other than minimal blockchain network costs. You are responsible for any blockchain network ("gas") fees and for any fees charged by Third-Party Services. We may introduce or change fees in the future, and will make current fees available before they apply.

You agree to use the Services only for lawful purposes and in line with these Terms. You must not:

• use the Services to breach any law, including anti-money-laundering, counter-terrorism-financing, sanctions, or tax laws, or to deal in the proceeds of crime;
• use the Services for fraud, money laundering, financing illegal activity, or to buy or sell illegal goods or services;
• represent or use funds that are not legally obtained and yours to use;
• infringe the rights of others, impersonate anyone, or transmit unlawful, harmful, or abusive content;
• reverse-engineer, decompile, copy, scrape, resell, or sublicense the Services, circumvent security measures, or interfere with the App or any network;
• use a VPN or other means to evade eligibility or jurisdiction restrictions, or use bots or other automated abuse.

We may warn, restrict, suspend, or terminate your access if we reasonably believe you have breached this section.

You understand and accept the risks of using Digital Assets and blockchain technology, including:

• Price volatility — the value of Digital Assets, including the THAT token, can change rapidly, and you may lose some or all of it.
• Network risks — blockchain networks may experience congestion, delays, variable or rising network fees, outages, defects, forks, or upgrades, and transactions are irreversible.
• Technology risks — smart contracts (including the THAT token and the bridge) and cryptography may contain bugs or be exploited, and may be affected by future developments such as advances in computing.
• Security risks — phishing, scams, social engineering, fake tokens, and theft. You are responsible for verifying addresses, tokens, and Merchants before you transact.

You are solely responsible for evaluating these risks and, to the maximum extent permitted by law, you assume all losses arising from them.

The Services and our content are general information only. We do not provide financial, investment, legal, or tax advice, and nothing we provide is a recommendation to acquire, hold, or dispose of any Digital Asset. You are responsible for your own decisions and for any tax that applies to your crypto activity. You should obtain independent professional advice — including from a registered tax agent — about your own circumstances.

The Services, and all content, software, trademarks, and branding associated with THAT (other than your Digital Assets and third-party content), are owned by THAT or its licensors. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable licence to use the App and Services for your own lawful use. You may use publicly available THAT materials (such as logos and listings) to fairly and accurately discuss or promote THAT, provided you do not misrepresent or harm us. You may not otherwise use our intellectual property without our prior written consent.

If you send us feedback or suggestions, you grant us a perpetual, worldwide, royalty-free licence to use them without any obligation to you. You are responsible for any content you submit and confirm that you have the rights to it.

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any blockchain network or Third-Party Service will operate without fault.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded ("Non-Excludable Rights").

To the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special, consequential, or punitive loss, or for any loss of profits, data, or Digital Assets, arising from or relating to the Services;
• we are not liable for loss caused by your loss or compromise of your Recovery Phrase, Private Keys, or credentials, by blockchain network conditions, by changes in the value of Digital Assets, or by Third-Party Services; and
• our total liability for all claims relating to the Services is limited to the total fees (if any) you paid us in the 12 months before the claim arose.

Where we are liable for a breach of a Non-Excludable Right and the law allows us to limit that liability, our liability is limited, at our option, to re-supplying the relevant Services or paying the cost of having them re-supplied. Nothing in these Terms limits any liability that cannot be limited by law.

To the maximum extent permitted by law, you agree to indemnify THAT and its officers, employees, and affiliates against any claims, losses, liabilities, and reasonable costs (including legal costs) arising from your use of the Services, your content, your use of Third-Party Services, or your breach of these Terms or of any law.

You may stop using the Services at any time. Because the Wallet is non-custodial, your Digital Assets remain under your control; deleting the App does not affect your on-chain assets, which you can access using your Recovery Phrase.

We may suspend, restrict, or terminate your access to the Services (or parts of them) where we reasonably believe you have breached these Terms or any law, where it is required for security or legal reasons, or where you are no longer eligible. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnity, and governing law — will survive.

We may update these Terms from time to time. We will post the updated Terms on this page with a new effective date and, where the changes are material, take reasonable steps to notify you. Changes are not retrospective. If you continue to use the Services after the changes take effect, you accept the updated Terms.

These Terms are governed by the laws of Queensland, Australia. If you have a concern, please contact us first so we can try to resolve it. Subject to your Non-Excludable Rights, you and we submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. Nothing in this section limits any right you have to bring a complaint to a regulator or tribunal where the law allows.

• If any part of these Terms is found to be unenforceable, the rest continues to apply.
• These Terms and the Privacy Policy are the entire agreement between you and us about the Services and supersede earlier understandings.
• Our failure to enforce a right is not a waiver of that right.
• You may not transfer your rights under these Terms without our consent; we may transfer ours (for example, as part of a sale or restructure).
• We are not liable for any failure or delay caused by events beyond our reasonable control, including blockchain network failures.

If you have questions about these Terms, contact us at contact@that.global.