RISK DISCLOSURE POLICY
1. Introduction
1.1 Purpose and Scope of the Policy
This Risk Disclosure Policy (“Policy”) is instituted by Banqker, a company duly incorporated and existing under the laws of the European Union, and its affiliates, subsidiaries, and related entities (collectively, “Banqker”, “we”, “our” or “us”), with a view to providing Users and Participants (“you”, “your”, “User”) of our platform, products, applications, services, and protocols (collectively, the “Services”) with a transparent and comprehensive understanding of the material risks associated with the use of digital assets, decentralized finance (DeFi), blockchain technology, and related financial instruments or services facilitated or made accessible by Banqker.
This Policy is intended to assist Users in making informed decisions based on a clear understanding of the nature, scope, and scale of various risks associated with digital asset exposure, including but not limited to market volatility, technological uncertainty, legal and regulatory unpredictability, operational risks, and third-party dependencies. The disclosures herein do not purport to be exhaustive and are not to be construed as investment, legal, tax, or financial advice.
1.2 Applicability and Binding Nature
This Policy applies to all Users who access, interact with, or otherwise engage with any aspect of the Services, whether as an individual, entity, or representative thereof. By accessing or using any of Banqker’s Services, Users expressly acknowledge and agree that they have read, understood, and accepted the terms of this Policy and are thereby legally bound by its provisions.
This Policy forms an integral part of the overarching Terms of Use and other related legal agreements governing the User’s relationship with Banqker. In the event of a conflict between this Policy and any other Banqker policy, the provisions of this Policy shall prevail solely for the purposes of risk disclosures, unless expressly stated otherwise.
Users who do not agree to the terms contained herein are strictly advised to refrain from accessing or using the Services.
1.3 Regulatory Framework and Compliance Obligations
Banqker operates in strict adherence to the legal and regulatory frameworks of the jurisdictions in which it is active, save and except the United States of America, where Banqker does not conduct business operations, does not offer Services, and prohibits User access.
This Policy is drafted in alignment with applicable laws including, but not limited to:
The Markets in Crypto-Assets Regulation (MiCA) of the European Union;
EU General Data Protection Regulation (GDPR), where relevant to risk-based processing activities;
Directive (EU) 2015/849 (4th AML Directive), as amended;
Applicable FATF Guidelines and country-specific AML/CFT regulations;
Relevant national laws of jurisdictions in which Banqker lawfully operates, including financial services licensing, digital asset, and tax legislation.
Banqker reserves the right to modify its risk posture and disclosures in response to evolving regulatory landscapes, legal precedents, or authoritative guidance issued by competent supervisory authorities.
1.4 Definitions and Interpretations
Unless the context otherwise requires, capitalized terms used in this Policy shall have the following meanings:
“Digital Assets” shall mean any digital representation of value, rights, or assets, including but not limited to cryptocurrencies, tokens, stablecoins, NFTs, and utility tokens, whether fungible or non-fungible.
“Services” refers to all services, tools, technologies, features, or functionalities made available by Banqker, whether through its platform, mobile application, APIs, smart contracts, or otherwise.
“User” shall mean any individual or legal entity that accesses, registers for, or otherwise interacts with the Services.
“Third-Party Service Providers” means external vendors, partners, infrastructure providers, liquidity providers, custodians, or any other non-affiliated entity engaged by Banqker in the ordinary course of business.
“Jurisdiction” shall refer to any sovereign state, territory, or legal system in which Banqker conducts its operations, subject to applicable legal and regulatory requirements.
“DeFi” or “Decentralized Finance” refers to blockchain-based financial applications and systems that operate without centralized intermediaries, often governed by autonomous smart contracts.
Interpretations of this Policy shall be made in good faith and in accordance with the doctrine of contra proferentem not applying, i.e., no adverse inference shall be drawn against the drafter (Banqker) by virtue of authorship.
2. General Risk Disclosures
The following section outlines general risk factors associated with the use of Banqker’s Services and engagement with digital assets, blockchain protocols, and decentralized finance (DeFi) infrastructure. These disclosures are made in good faith to promote transparency and assist Users in understanding the inherent risks involved. This section does not purport to be exhaustive, and Users are strongly encouraged to conduct their own independent due diligence and obtain professional advice prior to engaging with Banqker’s Services.
2.1 Nature of Digital Asset Investments
Digital assets, including but not limited to cryptocurrencies, tokens, and digital financial instruments, are speculative in nature and do not constitute legal tender, securities, or financial instruments in many jurisdictions. The value of such assets is not backed or guaranteed by any central authority, government, or regulatory institution. Users must acknowledge that digital assets are subject to market supply and demand dynamics, speculative sentiment, and algorithmic protocol rules, and their value may therefore fluctuate significantly over time.
Engaging in the purchase, sale, or holding of digital assets inherently involves a high degree of risk, including but not limited to the risk of partial or total loss of capital.
2.2 No Guarantee of Returns
Banqker does not make, and hereby expressly disclaims, any representation, warranty, or guarantee, express or implied, with respect to any return on investment, yield, interest, or profit derived from the use of its Services or engagement with any digital assets made accessible on or through the platform.
Users acknowledge and accept that the economic performance of any digital asset or protocol may be subject to adverse developments, network disruptions, or unanticipated loss events. Participation in any staking, liquidity provision, yield farming, or similar mechanism shall be entirely at the User’s sole risk and discretion, without any assurance of outcome or compensation.
2.3 Market Volatility and Liquidity Risks
The market for digital assets is characterized by extreme price volatility, thin liquidity, and unpredictable trading conditions. Sudden market movements may result in significant losses, slippage, or the inability to execute trades at expected prices.
Banqker does not warrant the existence of continuous or deep liquidity for any digital asset and shall not be held liable for any loss arising from illiquidity, delisting, restricted trading pairs, or market halts. Users may encounter substantial delays, price impact, or adverse execution outcomes during periods of high volatility or low market participation.
2.4 Regulatory and Legal Risks
The legal status, classification, and regulatory treatment of digital assets vary significantly across jurisdictions and are subject to ongoing evolution. Users acknowledge that changes in law, regulation, administrative policy, or judicial interpretation may materially impact their rights, obligations, or ability to continue using Banqker’s Services.
Banqker operates in compliance with the laws of the jurisdictions in which it is registered or authorized to conduct business. However, it is the sole responsibility of the User to ensure that their use of Banqker’s Services is lawful in their respective jurisdiction. Banqker disclaims all liability arising from the User’s failure to comply with applicable local, national, or international laws, including but not limited to those governing tax, securities, foreign exchange, and anti-money laundering.
2.5 Technology and Cybersecurity Risks
Banqker’s Services rely on internet-based infrastructure, decentralized blockchain protocols, smart contracts, cryptographic systems, and software applications, all of which are susceptible to a range of technological risks. These may include:
Software bugs or coding errors in smart contracts;
Vulnerabilities in underlying blockchain protocols;
Hardware or network infrastructure failures;
Exploits, denial-of-service attacks, or other malicious activities.
Banqker adopts industry-standard security measures; however, no system is immune to breaches. Unauthorized access, loss of private keys, or compromise of custodial or non-custodial wallets may result in irreversible loss of digital assets. Users are solely responsible for maintaining secure access to their wallets, credentials, and devices.
2.6 Operational Risks
Operational risks may arise from failures in internal processes, people, systems, or external events. These include but are not limited to:
Incorrect transaction execution or processing;
Delays or errors in communication and reconciliation;
Insolvency or misconduct by counterparties;
Force majeure events, including pandemics, war, or natural disasters.
Banqker shall not be liable for any interruption, delay, suspension, or failure in the delivery of its Services caused by such operational incidents. Users must acknowledge that the decentralized nature of blockchain technologies can impede traditional dispute resolution, reversal, or recovery mechanisms.
2.7 Third-Party Service Provider Risks
Banqker may engage external service providers, vendors, oracle networks, liquidity aggregators, custodians, and other third-party entities in the delivery and facilitation of its Services. While commercially reasonable efforts are undertaken to vet and monitor such parties, Banqker does not assume liability for their performance, default, insolvency, misrepresentations, or conduct.
Users acknowledge that integrations or dependencies involving third-party protocols or platforms may be subject to additional risks, including counterparty risk, interface incompatibility, or downstream systemic failures, which may adversely affect access to or use of Banqker’s Services.
2.8 Risk of Loss of Capital
Participation in digital asset markets, protocols, and services facilitated by Banqker may result in a complete or partial loss of the User’s invested capital. Users should never invest more than they are willing or able to lose and are strongly encouraged to consult with independent financial, legal, and tax advisors prior to engaging with the platform.
Banqker shall not be liable for any direct, indirect, consequential, special, or incidental losses arising from the use of its Services, including loss of capital, unrealized profits, or foregone opportunities. All Users participate in the digital asset economy at their own risk and discretion.
3. Specific Risk Categories
This section delineates various categories of specific risks that may individually or collectively impact the User’s engagement with Banqker’s Services. Users are advised that the classification herein is not exhaustive, and multiple risk categories may intersect or compound in their effects.
3.1 Market Risk
3.1.1 Price Volatility
Digital assets are subject to severe and unpredictable fluctuations in price, driven by speculative demand, media coverage, macroeconomic indicators, global regulatory statements, or actions by large holders (“whales”). These fluctuations may occur within minutes or seconds, leading to substantial gains or losses.
3.1.2 Liquidity Constraints
Certain digital assets or trading pairs may suffer from limited market depth or transactional volume, rendering it difficult to execute trades without incurring slippage or delay. Illiquid conditions can severely impair exit options or result in forced liquidation at unfavorable prices.
3.1.3 Market Manipulation
Given the lack of centralized oversight in many decentralized or unregulated markets, Users may be exposed to manipulative practices such as wash trading, pump-and-dump schemes, spoofing, or front-running. Banqker does not guarantee protection from such actions and disclaims liability for resulting losses.
3.2 Credit Risk
3.2.1 Counterparty Default
Where Services involve interaction with counterparties (e.g., peer-to-peer trading, liquidity pools, or over-the-counter arrangements), there exists a risk that such parties may fail to honor their contractual or algorithmic obligations. Such failure may arise due to insolvency, malfeasance, or technical faults.
3.2.2 Settlement Risk
Transactions, particularly in DeFi protocols, may fail to settle as intended due to network congestion, gas price fluctuations, or smart contract execution failures. Users bear the risk of non-delivery of funds or assets in such events.
3.3 Operational Risk
3.3.1 Internal Process Failures
Errors in Banqker’s internal business, compliance, or technical operations—whether arising from inadequate controls, flawed procedures, or oversight gaps—may adversely impact Users, including transaction failures, service interruptions, or compliance breaches.
3.3.2 Human Errors
Operational decisions taken manually by staff, developers, or administrators may be erroneous or misinformed. Such errors may include misconfigured contracts, erroneous wallet addresses, improper token listings, or faulty parameter updates.
3.3.3 System Failures
Downtime, denial-of-service attacks, database corruption, or hardware outages can compromise the availability or integrity of the platform. Recovery may be time-consuming and, in some cases, incomplete.
3.4 Legal and Regulatory Risk
3.4.1 Jurisdictional Variations
The legal treatment of digital assets and related services differs across jurisdictions. A digital asset considered lawful and tradable in one territory may be classified as illegal, a security, or a financial instrument in another. Cross-border Users may inadvertently violate foreign laws.
3.4.2 Compliance with AML/KYC Regulations
Banqker is committed to complying with international anti-money laundering (AML) and know-your-customer (KYC) obligations. Failure by Users to comply with onboarding, reporting, or verification procedures may result in restricted access or account termination.
3.4.3 Changes in Laws and Regulations
Regulatory authorities may enact new legislation or enforce interpretive guidance that adversely affects Banqker’s business model or the User’s ability to lawfully engage with digital assets. Regulatory crackdowns or bans may render certain Services temporarily or permanently unavailable.
3.5 Cybersecurity Risk
3.5.1 Data Breaches
Unauthorized access to Banqker’s systems may lead to the exposure or theft of User data, including personal identification information, transaction history, or wallet credentials.
3.5.2 Unauthorized Access
In cases where Users fail to implement appropriate personal security measures, unauthorized third parties may gain access to User wallets or accounts, resulting in theft, loss, or misappropriation of digital assets.
3.5.3 Phishing and Fraudulent Activities
Users may be targeted by fraudulent websites, fake mobile applications, impersonation emails, or social engineering scams posing as Banqker. Banqker disclaims responsibility for losses caused by User negligence in verifying the authenticity of communication or access points.
3.6 Technology Risk
3.6.1 Smart Contract Vulnerabilities
Smart contracts are autonomous code-based protocols that operate without central oversight. Even after audit, they may contain latent bugs, logic errors, or exploitable design flaws. Exploits may lead to permanent asset loss, contract hijack, or network destabilization.
3.6.2 Platform Downtime
Banqker’s systems may be subject to planned maintenance, server overloads, or unforeseen outages. This may impair access to funds, disrupt trading, or delay critical communications.
3.6.3 Integration Failures
Banqker relies on integrations with third-party protocols, price oracles, block explorers, wallets, and infrastructure providers. Malfunction, compromise, or discontinuation of such integrations may impair Services or create downstream risk.
3.7 Reputational Risk
3.7.1 Negative Publicity
Media coverage, social media activity, or public commentary—regardless of accuracy—may damage Banqker’s brand, discourage user participation, or invite regulatory scrutiny. Reputational loss can be swift and irreversible in the digital asset industry.
3.7.2 Client Complaints
User dissatisfaction—whether justified or not—may escalate to legal claims, regulatory filings, or social media escalation. Negative sentiment may reduce platform trust or prompt withdrawal of liquidity and participation.
3.8 Liquidity Risk
3.8.1 Inability to Liquidate Positions
Users may find themselves unable to exit positions at desired times or prices, particularly in the context of low-volume assets, abrupt protocol halts, or “bank run” scenarios. Banqker does not guarantee the existence of sufficient counterparties or liquidity at all times.
3.8.2 Funding Constraints
Where Services rely on pooled liquidity or lending, systemic liquidity shortages may prevent users from withdrawing assets or executing transfers in real time.
3.9 Foreign Exchange Risk
3.9.1 Currency Fluctuations
For Users engaging in fiat-to-crypto or crypto-to-fiat conversions, fluctuations in exchange rates may result in material gain or loss. Banqker disclaims responsibility for rate slippage, delayed settlements, or cross-rate inconsistencies.
3.9.2 Conversion Costs
Third-party conversion fees, hidden spreads, or unfavorable forex charges may reduce the net value of User holdings during transactions involving multiple currencies or cross-border remittances.
3.10 Taxation Risk
3.10.1 Uncertainty in Tax Treatment
The taxation of digital assets is unsettled in many jurisdictions. Users may be subject to capital gains tax, income tax, or withholding tax, depending on their country of residence and use case. Banqker does not provide tax advice and urges Users to consult licensed professionals.
3.10.2 Cross-Border Tax Implications
Transactions conducted across multiple jurisdictions may give rise to complex tax obligations, including reporting requirements, foreign asset declarations, or double taxation scenarios. Users remain solely responsible for their tax compliance.
4. Risk Management Framework
Banqker is committed to fostering a robust, dynamic, and enterprise-wide risk management culture that integrates proactive identification, evaluation, mitigation, and oversight of all risks associated with its decentralized finance (DeFi), digital asset, and Web3 operations. The following framework outlines the foundational pillars of Banqker’s approach to managing risk in a manner consistent with international regulatory standards, including but not limited to ESMA, EBA, FATF, and ISO/IEC 27001.
4.1 Governance Structure
Banqker’s risk management governance framework is designed to ensure clear accountability, segregation of duties, and independence of oversight functions. The framework comprises the following elements:
Board of Directors / Supervisory Board: Retains ultimate responsibility for the establishment, approval, and periodic review of the overall risk appetite and policy framework.
Risk Management Committee (RMC): A specialized sub-committee composed of senior executives responsible for strategic risk oversight, escalation protocols, and regulatory compliance assurance.
Chief Risk Officer (CRO): Leads the operationalization of risk policies and reports directly to the RMC and Board. The CRO ensures timely identification and mitigation of key risks across all functional domains.
Three Lines of Defence Model:
First Line: Operational and business units responsible for day-to-day risk identification and control execution.
Second Line: Independent risk and compliance teams who monitor, advise, and challenge the first line.
Third Line: Internal audit and assurance functions that assess overall control effectiveness and provide independent review.
4.2 Risk Identification and Assessment
Banqker employs a structured and iterative process for identifying and assessing risks across all its product offerings, operational activities, and jurisdictional engagements. Key elements include:
Enterprise Risk Register: Maintained and updated periodically to record known, emerging, and residual risks.
Risk Taxonomy: Classification system to categorize risks across operational, financial, technological, legal, strategic, and reputational domains.
Risk Assessment Matrix: Quantitative and qualitative evaluation based on severity of impact and likelihood of occurrence, facilitating risk prioritization and treatment plans.
Scenario Analysis and Stress Testing: Conducted periodically to simulate the impact of adverse market, regulatory, or technical events on Banqker’s operations and resilience.
Emerging risks, including geopolitical volatility, DeFi protocol shifts, and technological obsolescence, are monitored and escalated through a defined reporting hierarchy.
4.3 Risk Monitoring and Reporting
Ongoing risk surveillance is critical to the early detection of systemic vulnerabilities, control breaches, or external threats. Banqker has instituted the following mechanisms:
Key Risk Indicators (KRIs): Metrics linked to specific risk categories, monitored against pre-defined thresholds to detect risk elevation.
Risk Dashboards: Interactive reporting tools made available to senior management and the Board for real-time visibility of risk posture and exposure.
Incident and Breach Reporting Framework: Standardized protocol for the reporting, triaging, and resolution of security incidents, operational failures, or regulatory breaches.
Periodic Risk Reports: Compiled by the Risk Function and presented quarterly to the RMC and annually to external stakeholders, as required under applicable EU law or supervisory mandates.
Banqker also subscribes to external threat intelligence feeds and regulatory alerts to remain responsive to global developments.
4.4 Internal Controls and Audit
Banqker has instituted a robust internal control environment designed to ensure the integrity, confidentiality, and availability of systems and data, and to safeguard against unauthorized access or misuse. The internal control system includes:
Segregation of Duties: Allocation of incompatible functions to separate personnel to prevent fraud or error.
Access Controls and Role-Based Permissions: To ensure that only authorized personnel may access critical systems and data.
Policy and Procedure Manuals: Codified internal guidance covering operational, financial, and compliance procedures.
Control Self-Assessments (CSAs): Periodic evaluations by first-line managers to assess adequacy and effectiveness of embedded controls.
The Internal Audit Function operates independently and performs risk-based audits in accordance with an annual audit plan approved by the Board. Audit findings are tracked and remediated within defined timelines, with escalation protocols for unresolved issues.
4.5 Business Continuity and Disaster Recovery Plans
Banqker recognizes the critical importance of operational resilience, particularly in the context of 24/7 digital finance environments. As such, Banqker maintains a Business Continuity Plan (BCP) and Disaster Recovery Plan (DRP)aligned with ISO 22301 and ISO/IEC 27031 standards. Key components include:
Critical Function Mapping: Identification of essential services and personnel whose availability is vital to core operations.
Redundant Infrastructure and Data Backups: Geographically distributed infrastructure to ensure failover capabilities and minimum downtime.
Disaster Recovery Sites: Secondary data centers or cloud-hosted environments to maintain service availability during disruptions.
Crisis Management and Communication Protocols: Pre-defined roles, escalation paths, and stakeholder communication plans in the event of a business disruption or cyber incident.
BCP/DRP Testing and Validation: Regular tabletop exercises, penetration tests, and failover drills conducted to validate readiness.
In the event of a major incident, Banqker aims to restore mission-critical functions within its established Recovery Time Objectives (RTOs) and Recovery Point Objectives (RPOs).
5. Client Responsibilities and Acknowledgements
The use of Banqker’s Services is premised upon the informed, lawful, and responsible participation of all Users. The following section outlines the minimum expectations placed upon each User in connection with the access to, interaction with, and use of Banqker’s digital asset-related offerings. These responsibilities are ongoing, non-delegable, and form the cornerstone of the User's contractual relationship with Banqker.
5.1 Due Diligence Obligations
Users expressly acknowledge that it is their sole responsibility to conduct independent and comprehensive due diligence prior to engaging in any transaction, activity, or interaction facilitated by Banqker. This obligation includes, but is not limited to:
Assessing the features, mechanics, legal classification, and regulatory status of any digital asset, token, protocol, or smart contract;
Evaluating the reputability and risk posture of any third-party service provider, decentralized application (dApp), liquidity pool, or blockchain network made accessible through Banqker’s interface;
Verifying the authenticity and legitimacy of any communication, wallet address, interface, or integration purporting to originate from Banqker or its ecosystem.
Banqker disclaims all liability arising from reliance on inaccurate, outdated, or misleading information sourced externally or through unofficial channels.
5.2 Understanding of Risks
By accessing or using Banqker’s Services, Users represent and warrant that they possess a sufficient understanding of the risks associated with digital asset markets, blockchain protocols, decentralized finance, and cryptographic systems. This includes an understanding of:
Market volatility, illiquidity, and systemic risk;
Protocol-specific technical and governance risks;
Irreversibility of blockchain transactions and self-custody responsibilities;
Loss of access due to private key mismanagement or hardware failure.
Users further affirm that they are financially and psychologically prepared to sustain a complete loss of the value of digital assets engaged with or held via Banqker's platform. Banqker does not provide financial, tax, investment, or legal advice, and no aspect of the platform should be construed as such.
5.3 Compliance with Applicable Laws
Each User bears the sole and non-transferable responsibility to ensure that their use of Banqker’s Services is lawful under the laws, regulations, and policies of their respective jurisdiction(s) of residence, citizenship, incorporation, or economic activity. This obligation includes, without limitation:
Compliance with anti-money laundering (AML), counter-terrorist financing (CFT), anti-corruption, and economic sanctions laws;
Adherence to personal data processing laws such as the EU General Data Protection Regulation (GDPR), where applicable;
Observance of tax reporting, capital control, or foreign exchange compliance requirements;
Ensuring that the User is not a “Prohibited Person” or subject to any applicable trade or economic sanctions imposed by the European Union, United Nations, or any other competent authority.
Banqker reserves the right, at its sole discretion, to restrict access, terminate accounts, or report suspicious activity where a User is found or suspected to be in breach of applicable laws or regulations.
5.4 Reporting Obligations
Users are required to promptly report to Banqker any of the following events:
Suspected or confirmed unauthorized access to their account, wallet, or transaction history;
Discovery of bugs, vulnerabilities, or irregularities in any smart contract, interface, or integration made available by Banqker;
Misleading, fraudulent, or impersonating communications that may be falsely attributed to Banqker;
Any conduct (including by third parties) that could reasonably be construed as unlawful, unethical, or detrimental to the Banqker platform or its ecosystem.
Such reports should be made via the official communication channels as set out under the “Contacting Us” section of Banqker’s Privacy Policy or Terms of Use. Failure to report material issues in a timely manner may be deemed a breach of this Policy and may result in the suspension or termination of access to Services.
6. Disclaimers and Limitations
The User acknowledges and agrees that the Services offered by Banqker are provided on an “as is,” “where is,” and “as available” basis, without any express or implied warranties or representations. This section is intended to limit Banqker’s liability to the fullest extent permitted under applicable law and to clearly establish the non-advisory and non-fiduciary nature of the User’s relationship with Banqker.
6.1 No Investment Advice
Banqker does not purport to, and shall not under any circumstances be deemed to, provide investment, financial, legal, tax, accounting, or other professional advice in connection with its Services.
All content, information, or materials made available by Banqker—whether through its website, mobile application, APIs, dashboards, blogs, newsletters, support staff, or community channels—are provided for general informational purposes only. No such information shall constitute or be construed as:
A recommendation to buy, sell, or hold any digital asset or token;
An offer or solicitation to engage in any financial or investment transaction;
A guarantee or projection of future performance, returns, or outcomes.
Users are solely responsible for evaluating the merits and risks associated with their use of Banqker’s Services and are strongly encouraged to obtain independent legal, financial, and tax advice from qualified professionals.
6.2 No Fiduciary Duty
The User acknowledges that Banqker does not act, and shall not be deemed to act, as an agent, trustee, custodian, intermediary, broker, financial advisor, or fiduciary to the User or any other party. No fiduciary relationship shall arise from:
The provision of access to or interaction with any part of the Banqker platform;
Any communication (verbal, written, or digital) between Banqker and the User;
Any user interface, smart contract, or protocol facilitated through Banqker.
The User understands and agrees that Banqker owes no duties of loyalty, care, disclosure, best execution, or suitability, and no such obligations shall be implied into any interaction between Banqker and the User.
6.3 Limitation of Liability
To the maximum extent permitted by applicable law, Banqker, its affiliates, officers, directors, employees, contractors, licensors, and agents shall not be liable to the User or any third party for any direct, indirect, incidental, special, exemplary, punitive, or consequential losses or damages whatsoever, including but not limited to:
Loss of funds, profits, revenues, or data;
Loss or inaccessibility of digital assets;
Business interruption, reputational harm, or loss of opportunity;
Unauthorized access, system compromise, or technical failure;
Errors, bugs, exploits, or vulnerabilities in smart contracts, APIs, or platform code;
Acts or omissions of third-party service providers, oracles, wallets, exchanges, or infrastructure vendors.
This limitation applies irrespective of whether the alleged liability arises in contract, tort (including negligence), strict liability, or any other theory of legal or equitable relief—even if Banqker has been advised of the possibility of such damages.
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, Banqker’s liability shall be limited to the maximum extent permitted by law. In no event shall Banqker’s aggregate liability to any User exceed the lesser of (i) EUR 100 or (ii) the amount actually paid by the User for use of the Services in the preceding six (6) months.
6.4 Force Majeure
Banqker shall not be held liable or deemed to be in breach of any obligation under this Policy or any other agreement or policy by reason of any delay, failure, or interruption in performance arising from events beyond its reasonable control (“Force Majeure Events”).
Such events shall include, but not be limited to:
Natural disasters (e.g., floods, earthquakes, pandemics);
Acts of God, war, terrorism, insurrection, or sabotage;
Civil unrest, labor strikes, or industrial disputes;
Acts of government, regulatory change, or legal enforcement;
Internet outages, denial-of-service attacks, or critical infrastructure failure;
Blockchain protocol malfunctions, forks, or consensus breakdowns;
Power failures or cloud service disruptions.
During the continuation of any Force Majeure Event, Banqker shall be relieved of performance obligations and shall resume performance as soon as practicable upon cessation of the event. No refund, compensation, or restitution shall be due to the User in respect of any period of suspension attributable to Force Majeure.
7. Amendments and Updates
In light of the dynamic and evolving nature of the blockchain, DeFi, and digital asset regulatory landscape, Banqker reserves the right to unilaterally revise, amend, supplement, or update this Risk Disclosure Policy at its sole discretion. This section outlines the governing terms regarding such modifications.
7.1 Right to Modify the Policy
Banqker expressly reserves the right, at any time and from time to time, to amend, revise, supplement, replace, or otherwise modify any provision of this Risk Disclosure Policy, in whole or in part, without prior consent from or notice to any User, except as otherwise expressly required by applicable law.
Such amendments may be made for various reasons, including but not limited to:
Compliance with evolving laws, regulations, or supervisory guidance;
Alignment with changes in Banqker’s business model, technology stack, or risk posture;
Incorporation of industry best practices, audit recommendations, or internal policy reviews;
Clarification, error correction, or language updates.
All modifications shall take immediate effect upon publication unless otherwise specified in the notice accompanying such change.
7.2 Notification of Changes
Where legally required, or where Banqker, in its sole discretion, determines that a material change has been made to this Policy, a reasonable effort shall be made to notify Users via one or more of the following means:
A prominent notice posted on the Banqker website or application dashboard;
A communication sent via email or platform message to Users with registered accounts;
An update log or “Last Revised” date reflected at the top of this Policy.
Notwithstanding the foregoing, it remains the User’s responsibility to review this Policy periodically and stay informed of any updates. Banqker shall not be held liable for any failure by the User to receive or read such notice, whether due to spam filters, outdated contact information, or other causes beyond Banqker’s control.
7.3 Continued Use as Acceptance
The User’s continued access to or use of the Banqker Services after the effective date of any amendment to this Policy shall constitute the User’s full, final, and irrevocable acceptance of the revised Policy, including any and all changes therein.
If the User does not agree to the revised terms, the User must immediately cease all use of the Services and may request termination of their account, subject to applicable closure and withdrawal procedures. Continued use in contravention of this clause shall be deemed an unqualified waiver of any right to object to the revised terms and shall bind the User accordingly.
8. Dispute Resolution and Governing Law
In the event of a dispute, claim, or controversy arising from this Policy, Banqker has established a structured resolution framework as specified in its Terms of Use, which is incorporated by reference in the present Policy.
9. Contact Us
In case of any queries or complaints you can reach out to us on infor@banqker.com or legal@banqker.com.