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Terms & conditions - Designation of an Independent Financial Advisor (IFA)

Berry Tech Inc.

TERMS AND CONDITIONS FOR THE DESIGNATION OF AN INDEPENDENT FINANCIAL ADVISOR (IFA)

Version in force from: 01/06/2026.

NOTICE OF ACCEPTANCE: By entering the code of an Independent Financial Advisor on the Platform and checking the acceptance box, the User declares that they have read, understood and fully accepted these Terms and Conditions of Designation (the “Designation T&C”). These Designation T&C supplement the General Terms and Conditions of the Platform and Berry's Privacy Policy, previously accepted by the User, without amending or replacing them. In the event of a conflict between these Designation T&C and the General Terms and Conditions, the Designation T&C shall prevail with respect specifically to the figure of the IFA.

Article 1. Purpose

These Designation T&C govern the conditions under which the User, as the holder of an account on the Platform operated by Berry Tech Inc. (“Berry”), chooses to designate an Independent Financial Advisor (“IFA”) as the authorized manager of their account, on the terms and within the limits established herein.

Acceptance of these Designation T&C is a requirement for completing the Designation of an IFA. Notwithstanding the foregoing, the User is not required to designate an IFA in order to operate on the Platform; the Designation is a voluntary option.

Article 2. Voluntary and informed nature of the Designation

The User declares and acknowledges that:

(i) The decision to designate an IFA as the authorized manager of their account is a personal, free, voluntary and exclusive decision of the User, taken on an informed basis and with full understanding of its scope and consequences.

(ii) The User has had the opportunity to assess the suitability, professional accreditation and track record of the IFA they designate, and that assessment is their sole responsibility. Berry makes no recommendations regarding any particular IFA and does not guarantee the suitability, results or conduct of the designated IFA.

(iii) The User understands that asset management involves inherent risks, including the risk of partial or total loss of the capital invested, and that Berry does not guarantee any result in relation to the transactions the IFA executes on their behalf.

(iv) The Designation does not involve a transfer of ownership of the account or of the User's assets.

Article 3. Powers of the designated IFA. Limitations

3.1. Scope of the authorization

Through the Designation, the User authorizes the IFA to give trading instructions within the Platform in the name and on behalf of the User, in accordance with the following scope:

  • Buying and selling assets available on the Platform.

  • Managing the User's portfolio within the Platform.

  • Subscribing to assets available on the Platform.

The authorization is strictly limited to the transactions listed in the preceding paragraph and may not be construed extensively. The Platform implements technical controls that materially prevent the IFA from executing any action outside the scope authorized herein.

3.2. Absolute prohibitions on the IFA

Under no circumstances shall the IFA be empowered to:

  • Withdraw funds, assets, cryptocurrencies or any other instrument from the User's account.

  • Make transfers of funds or assets from the User's account to external accounts or to the accounts of other Users within the Platform.

  • Amend the User's personal, identity or banking data.

  • Designate, replace or revoke a User's IFA.

The User declares that they know and expressly accept these limitations as an essential condition of the Designation.

Article 4. The User's power to operate autonomously

The Designation of an IFA does not restrict or limit in any way the User's power to operate their account on the Platform directly. The User may, at all times and independently of the designated IFA:

  • View the status of their account and the detail of their assets.

  • Issue buy, sell or subscription instructions directly from their account.

  • Manage their deposits and withdrawals in accordance with the General Terms and Conditions.

  • Amend their personal and banking information.

Instructions given directly by the User shall be fully valid regardless of any instructions the IFA may have given or that are pending execution, subject to the technical and operational limits of the Platform.

Article 5. No additional charges for the User

The mere designation of an IFA does not generate any charge, commission, fee or additional cost whatsoever for the User on Berry's part.

The transactions the IFA carries out in respect of the User's assets shall carry a commission determined by the IFA, which shall apply to each transaction carried out by the IFA, with those carried out by the user on their own account being exempt from those commissions. The IFA's commissions are added to the commission Berry charges for the transaction on the Platform. The User acknowledges that the economic relationship between Berry and the IFA regarding commissions is unrelated to them and does not affect the pricing conditions established in the General Terms and Conditions of the Platform.

Notwithstanding the foregoing, the IFA and the User may agree, entirely independently and outside the Platform, on fees or other consideration for the advisory services provided by the IFA to the User. Such agreements are the sole responsibility of the parties entering into them; Berry is not a party to them, does not take part in setting them, and has no obligation or liability whatsoever in respect of their performance.

Article 6. Nature of the IFA-User relationship. Exclusion of Berry

6.1. Two-party relationship

The advisory and management relationship established through the Designation is exclusively between the User and the IFA. Berry is not a party to that relationship, does not take part in the investment decisions adopted by the IFA, and assumes no liability arising from the IFA's actions in exercising the powers conferred by the User through the Designation.

Berry acts solely as the operator of the technological infrastructure that allows the IFA's instructions to be executed within the Platform, without taking part in the underlying investment decision.

6.2. Exclusion of Berry's liability

Berry shall not be liable, under any circumstances, for:

(i) The economic result of the transactions executed by the IFA on the User's behalf.

(ii) The suitability of the IFA's instructions to the User's profile, objectives, financial situation or risk tolerance.

(iii) Any damage, loss, harm or claim that the User suffers as a direct or indirect consequence of the IFA's actions.

(iv) The IFA's failure to perform the obligations it assumes towards the User, whether under these Designation T&C or by virtue of any independent agreement between the IFA and the User.

(v) The suitability, professional accreditation or conduct of the designated IFA.

Any claim by the User connected to the IFA's management shall be directed exclusively to the IFA, with no liability for Berry.

Article 7. Revocation and change of IFA

7.1. Revocation of the Designation

The User may revoke the Designation of the IFA at any time, unilaterally and without having to state any cause or justification, through the settings section of their account on the Platform. The revocation shall take effect immediately upon being recorded on the Platform, from which moment the IFA shall cease to have any operating power over the User's account. Berry shall not require any explanation or documentation from the User in order to give effect to the revocation.

7.2. Change of IFA

The User may designate a new IFA at any time, likewise without having to state a cause, by entering the new IFA's code on the Platform in accordance with the Designation procedure. The new IFA's enablement shall take effect immediately upon being recorded, from which moment the previous IFA shall cease to have any operating power over the User's account.

At all times there may be only one (1) active IFA per User account. The designation of a new IFA entails the automatic revocation of the previous IFA.

7.3. Effects on the User

The revocation or change of IFA shall not generate any charge, penalty or adverse consequence whatsoever for the User on Berry's part, nor shall it affect the ownership, composition or availability of the assets in their account.

Article 8. Amendments

Berry reserves the right to amend these Designation T&C at any time, on a minimum of seven (7) calendar days' prior notice given to the User through the Platform and/or by email. Amendments shall come into force once that period has elapsed. If the User continues with the Designation of an IFA after the amendments come into force, they shall be deemed to have accepted them. Otherwise, the User may revoke the Designation in accordance with Article 7 before the amendments come into force, without prejudice to their continuing as a user of the Platform on the terms of the General Terms and Conditions.

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