Poloniex Pro User Agreement

1. Poloniex Pro and the Contracting Parties

This Poloniex Pro User Agreement (the “User Agreement”) is a contract between you and the relevant Poloniex Pro group entity providing the Services to you (“Poloniex Pro”, “we”, “us” or “our”). It governs your access to and use of the Poloniex Pro mobile application (the “App”), its official websites and other authorised access channels (collectively, the “Platform”), and the Digital Asset products and services offered through the Platform (the “Services”). A person using the Platform or the Services is a “User”, “you” or “your”. You and Polo are each a “Party” and together the “Parties”.

The Polo Pro group entity providing the Services will generally be determined by your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Account, as determined from your official identification document and verified residential address. References to Poloniex Pro identify the Platform and its Services; references to Poloniex Pro identify the relevant contracting service provider.

If you access or use the Services on behalf of a company or another legal entity, you represent and warrant that you are duly authorised to bind that entity to this Agreement. In that case, “you” and “your” refer to that entity. The Services available to you may depend on your location, eligibility and the terms applicable to the particular Service.

You are responsible for independently assessing the authenticity, legality and suitability of each Digital Asset and any information made available through the Platform, and for the decisions you make when using the Services.

We provide an execution-only service. Information, prices, analysis, market commentary and other content made available by us do not constitute investment, financial, legal or tax advice. You must make your own assessment of each transaction and its risks, obtaining independent professional advice where appropriate. Subject to clause 15, we are not responsible for losses resulting from your reliance on such information.

You must hold an Account to use Services that require registration. By registering for an Account, selecting “I Agree” or using the Services, you confirm that you have read, understood and accepted this Agreement, including the binding arbitration and class action waiver in clause 18. Please retain a copy for your records.

The Services may include the following, subject to availability, eligibility and the terms applicable to each product:

(i) Trading Services: spot trading, margin trading, cross-leverage and isolated-leverage trading, automated trading tools, Futures and Options;

(ii) Finance Services: Staking, Reward Pool, Earn, Recurring Investment and Crypto Loans; and

(iii) Fiat Trading and related third-party services, and other features or promotions made available through the Platform under their applicable terms.

The trading and finance provisions in clause 7 form part of this User Agreement. Poloniex Pro operates these products through the classic account structure described in clause 4.6. The availability of a product does not establish that you are eligible to use it.

1.1 Risks

By using the Services through the Platform, you accept the risks associated with such Services. We emphasise that:

(i) Digital Assets available on the Platform may not be issued by us, financial institutions or other legal entities;

(ii) the market for Digital Assets is new, uncertain and may not grow;

(iii) Digital Assets are highly speculative in nature and are not as established as other asset classes;

(iv) Digital Assets are volatile and are traded continuously with no limitations on price fluctuations;

(v) trading in Digital Assets may lead to a partial or total loss of your capital;

(vi) actions by third parties such as market makers or governments may have a large impact on Digital Assets;

(vii) Digital Asset trading is not suitable for the vast majority of people;

(viii) although we strive to comply with all applicable laws, rules and regulations, we may not be regulated in all jurisdictions that we operate in; and

(ix) there may be other unpredictable or derivative risks aside from the abovementioned.

Please consider your own financial position before using the Services and if necessary, seek independent legal, financial, tax, accounting or other advice.

Trading on leverage, borrowing and derivatives may result in losses exceeding the Digital Assets initially committed. Stop-loss and other contingent orders do not guarantee an exit price or prevent losses in volatile or illiquid markets. You are responsible for monitoring your positions and maintaining the required Margin.

Digital Assets held in your Account are not covered by deposit insurance or investor compensation schemes, including FDIC insurance, SIPC protection or equivalent schemes outside the United States. Listing a Digital Asset does not constitute approval of its technology, value or suitability.

1.2 Restricted Jurisdictions

USERS FROM THE FOLLOWING JURISDICTIONS ARE PROHIBITED FROM USING ALL SERVICES: AFGHANISTAN, MAINLAND CHINA, CRIMEA, CUBA, THE DEMOCRATIC REPUBLIC OF CONGO, DONETSK, HONG KONG CHINA, IRAN, IRAQ, IVORY COAST, LIBYA, LUHANSK (LUGANSK), MALI, MYANMAR (BURMA), NORTH KOREA, PALESTINE, THE RUSSIAN FEDERATION, SEVASTOPOL, SINGAPORE, SOMALIA, SUDAN, SYRIA, THE UNITED KINGDOM, THE UNITED STATES OF AMERICA, VENEZUELA, YEMEN, ZIMBABWE, ALL MEMBER STATES OF THE EUROPEAN UNION (EU), AND ANY OTHER COUNTRY OR TERRITORY TO WHICH THE UNITED STATES EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, AS AMENDED FROM TIME TO TIME.

WITHOUT LIMITING THE PROHIBITION ON ALL SERVICES ABOVE, USERS FROM THE FOLLOWING JURISDICTIONS ARE PROHIBITED FROM TRADING IN DERIVATIVES: TAIWAN CHINA, ISRAEL, IRAQ, BANGLADESH, BOLIVIA, ECUADOR, KYRGYZSTAN AND NEW ZEALAND. IN ADDITION, BURUNDI AND MOROCCO ARE PROHIBITED, AS AMENDED FROM TIME TO TIME.

THE LIST OF RESTRICTED JURISDICTIONS MAY CHANGE AND DIFFER ACCORDING TO CHANGES IN OUR POLICIES AND THE SERVICES WE OFFER TO A PARTICULAR JURISDICTION. IN THE EVENT OF SUCH CHANGE, WE MAY NOT PROVIDE NOTICE TO YOU. YOU ARE REQUIRED TO REFER TO THE LATEST INFORMATION ON THE PLATFORM OR THIS AGREEMENT TO BE INFORMED OF SUCH CHANGES.

For the purposes of this clause, a User is considered to be “from” a jurisdiction if that User is (i) an individual who is a citizen or national of, resident in, physically located in, or acting as an agent of that jurisdiction; or (ii) an entity incorporated or otherwise organised under the laws of, having its registered office or principal place of business in, resident in, or acting as an agent of that jurisdiction. These criteria apply to both the prohibition on all Services and the relevant product-specific restrictions above.

2. General Terms

This User Agreement, the Privacy Policy, Cookie Policy, E-Sign Consent, Fiat Rules, KYC and AML policies, applicable Product Terms and other rules, policies and instructions made available on the Platform together constitute the “Agreement”. These documents govern your use of Poloniex Pro and the Services to which they relate. The order of precedence in clause 19.6 applies to any inconsistency.

Read this Agreement carefully before using the Services. If you do not understand or accept it, you must not open an Account or use the Services. Your acceptance applies to the version in force when you accept it; subsequent changes are governed by clause 2.1.

You are responsible for complying with all laws and regulations applicable to your use of the Services, including tax, anti-money laundering and counter-terrorist financing requirements. You confirm that the funds and Digital Assets you use have legitimate sources. You authorise us to obtain and disclose information required by competent authorities to verify the source and use of those funds and Digital Assets.

Headings are provided for ease of reference and do not affect interpretation. Except as expressly stated in this Agreement and subject to applicable law, the Platform, its content and the Services are provided on an “as is” and “as available” basis.

This Agreement is provided in English. Any translation is for convenience, and the English version prevails to the extent permitted by applicable law. Communications concerning the Services will be in English unless we agree otherwise or applicable law requires otherwise.

2.1 Amendment

We may amend this Agreement by publishing a revised version on the Platform with an updated revision date. Subject to any notice period required below or by applicable law, changes take effect when you first use the Services after publication and apply prospectively to transactions initiated after publication. If you do not agree to a change, you must stop using the Services and close your Account in accordance with clause 16.

We will give prior notice of a material change before it takes effect. A material change means a significant change other than one that benefits you, is required by law or regulation, relates to a newly available product or Service, or clarifies an existing term. Subject to applicable law, we are not responsible for losses caused by an amendment made in accordance with this clause. Changes to product parameters, risk controls and rates expressly permitted by the applicable product terms remain governed by those terms, subject to mandatory legal requirements.

2.2 Third Party Content and Services

The Platform may contain links to third-party websites, applications, information or services. These are provided for convenience and do not constitute an endorsement. We do not guarantee the accuracy, completeness or currency of such content. You must independently assess it and any terms governing a third-party service. Subject to clause 15, we are not responsible for losses arising from your reliance on third-party content or use of third-party services.

2.3 Promotions and Public Statements

We participate in promotions only where officially announced. You must obtain our prior written approval before issuing promotional or marketing materials, press releases, public announcements or disclosures purporting to relate to or be endorsed by Poloniex Pro.

3. Definitions

“Account” means your registered account for accessing the Platform and the Services, including any product accounts or subaccounts as the context requires.

“Agreement” has the meaning given in clause 2.

“Product Terms” means the product provisions in clause 7 and any additional Service-specific terms, product specifications and rules made available on the Platform that apply to the Service you use.

“AML/CTF” means anti-money laundering/counter terrorism financing.

“API” means an application programming interface made available by us for access to the Services.

“Business Day” means a day other than a Saturday, Sunday or public holiday on which banks in Hong Kong are open for ordinary business.

“Buy Price” has the meaning given in clause 7.1.

“Compensation” has the meaning given in clause 16.1.

“Dealing with your Accounts” has the meaning given in clause 4.4.

“Digital Assets” means a digital representation of value that can be digitally transferred, stored and traded which is supported by the Platform.

“Dispute” has the meaning given in clause 18.1.

“Exchange Rate” has the meaning given in clause 7.1.

“Fiat Trading” means peer-to-peer trading, depositing of fiat currencies into an Account through third-party service providers, and quick buy of Digital Assets through liquidity providers or through a third-party platform.

“forks” has the meaning given in clause 6.2.

“Fees” has the meaning given in clause 8.

“Identification Information” has the meaning given in clause 10.

“Intellectual Property” has the meaning given in clause 12.

“KYC” means know-your-customer.

“Internal Resolution” means the support and formal complaint procedures described in clause 18.1.

“Login Details” has the meaning given in clause 4.3.

“miner fees” has the meaning given in clause 6.1.

“Party” means you or Polo, and “Parties” means you and Polo together.

“Platform” has the meaning given in clause 1.

“Pre-Closing Period” has the meaning given in clause 4.4.

“Registration Data” has the meaning given in clause 4.1.

“Sanctioned Country” has the meaning given in clause 9.1.

“Sanctioned Person” has the meaning given in clause 9.1.

“Sell Price” has the meaning given in clause 7.1.

“Services” means the products and services offered to Users through the Platform, including those described in clauses 1 and 7.

“Trading Fee” has the meaning given in clause 8.

“Transaction” has the meaning given in clause 4.2.

“Users” means persons accessing or using the Platform or the Services.

“Website” means the official websites and other authorised gateways, including the App, through which Users access the Platform.

“Airdrop Reward” has the meaning given in clause 5.3.

“Classic Account” means the account structure under which balances, positions, collateral and liabilities are recorded in the applicable product accounts described in clause 4.6.

“Platform Accounts” means your product accounts and subaccounts on the Platform, as applicable to the Service concerned.

“Spot Account”, “Margin Account” and “Quant Account” mean, respectively, the product accounts used for spot trading, margin trading and automated trading tools under clause 7.5.

“Futures” means the futures products that we offer for trading on the Platform from time to time.

“Futures Account” means your product account for Futures trading.

“Options” means the options products that we offer for trading on the Platform from time to time.

“Options Account” means your product account for Options trading.

“Cross-Leverage Account” has the meaning given in clause 7.3.1.

“Isolated-Leverage Account” has the meaning given in clause 7.3.2.

“Order” and “Order Types” have the meanings given in clause 7.5.1 and apply, as the context requires, to Futures trading under clause 7.6.1.

“Order Limits” and “Order Limit Prevention” have the meanings given in clause 7.6.1.

“Margin”, “Margin Service” and “Margin Requirements” have the meanings given in the relevant product provisions of clauses 7.3, 7.5, 7.6 or 7.8.5, as the context requires.

“Margin Adjustment Coefficient” has the meaning given in clause 7.3.1 or 7.5.2, as applicable.

“Loan” and “Margin Ratio” refer to the borrowing and collateral measures described for the relevant product in clause 7; their calculation and scope depend on that product and the applicable product account.

“Forced Liquidation” and “Liquidation Level” have the meanings given in clause 7.5.4 or 7.6.5, as applicable, subject to the specific leverage rules in clause 7.3.

“Warning Line”, “Warning Message” and “Forced Liquidation Line” have the meanings given in clauses 7.3.1 and 7.3.2 for the relevant leverage account.

“Basic Rate”, “Tiered Rate”, “Interest Rates”, “Payment Policies”, “Point Card Deduction”, “Token Deduction” and “Rate Policy” have the meanings given in clause 7.3.3.

“Grid”, “Parameters” and “Trading Bot” have the meanings given in clause 7.5.6.

“Index” and “Index Data” have the meanings given in clause 7.6.2.

“Settlement” and “Early Settlement” have the meanings given in clause 7.6.7 for Futures and clause 7.7.2 for Options, as applicable.

“Settlement Price” means the price used by the Platform to calculate Futures Settlement, as determined under the applicable Futures product specifications and settlement rules made available on the Platform.

“Request”, “Quote”, “Premium”, “Option Type” and “Expiry Date” have the meanings given in clause 7.7.1.

“Staking” has the meaning given in clause 7.8.1.

“Reward Pool” and “Pool Account” have the meanings given in clause 7.8.2.

“Earn” and “Earn Account” have the meanings given in clause 7.8.3.

“Recurring Investment” and “Funding Account” have the meanings given in clause 7.8.4.

“Crypto Loans” and “Liquidation” have the meanings given in clause 7.8.5.

“Product” includes Staking, Reward Pool, Earn, Recurring Investment, Crypto Loans and other finance Services offered on the Platform from time to time.

“Market Misconduct” has the meaning given in clause 7.9.

“Ineligible Event” has the meaning given in clause 5.3; “Ineligible Events” has the corresponding meaning.

4. Account

4.1 Account Creation

If you are an individual, you must be at least 18 years old, have full legal capacity and authority to enter into this Agreement, and be eligible to use the Services under applicable law and clause 1.2. If you are a legal entity, you must be duly formed and validly existing and the person acting for you must have authority to bind you. You must not have been previously suspended or removed from the Services. You must not create or use an Account to violate any law or undermine the Platform or the Services.

Should you not be eligible to create an Account, we reserve the right to refuse your registration for an Account and if you have already created an Account, we shall have the right to suspend, terminate and/or close your Account without any advance notice to you and hold you accountable for any adverse consequences arising therefrom. We reserve the right to reject any applications to create an Account at our sole discretion, including, but not limited to Accounts relating to political and/or public figures or to comply with AML/CTF laws and regulations.

To create an Account, you shall provide, where necessary:

(i) a valid email address;

(ii) a mobile phone number;

(iii) your real name;

(iv) identification documentation; and

(v) any other information as required by us to create and maintain your Account,

together, the “Registration Data”.

In the event that your mobile phone number requires any registration with your real name, you shall complete such registration process before providing the mobile phone number to us. You shall be responsible for and bear any losses, direct or indirect, and any adverse consequences arising from the lack of such registration.

You are responsible for updating the Registration Data and ensuring that it is accurate at all times. You shall be responsible for the authenticity, integrity and accuracy of the Registration Data and bear any direct or indirect loss and adverse consequences arising from any inaccuracies of your Registration Data.

Once your application has been verified and approved, you will receive an account identification number and must create your own password. You agree to receive operational and account-related electronic communications in accordance with clause 17.1 and the E-Sign Consent made available on the Platform.

4.2 Account Usage

You have the right to use your Account to access the Platform to use the Services, including:

(i) to browse the real-time quotes and transaction information of Digital Asset products on this Website;

(ii) to submit instructions for Digital Asset transactions, whether to trade or otherwise (each, a “Transaction”);

(iii) to complete Transactions;

(iv) to view the information provided to Users with your Account;

(v) to participate in activities organised by us in accordance with the relevant rules of the activity; and/or

(vi) other Services that we may offer to you from time to time.

4.3 Account Security

You are solely responsible for the login details associated with your Account, including your username, password, mobile number, Transaction passwords and verification codes received through your mobile phone (“Login Details”). If your Login Details are compromised and/or your Account has been accessed by an unauthorised third party, you may inform us immediately to request a suspension of your Account. After receiving such request, we shall act on your request within a reasonable period. However, we shall not be liable for any consequences before the suspension of your Account.

Without our prior consent, you shall not assign your Account to any other person, whether through a donation, loan, lease, transfer or otherwise.

We are under no obligation to issue any replacement Digital Assets in the event that any Digital Assets, password or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible.

You must maintain the security of your associated email account and devices and enable the security features available for your Account, including two-factor authentication where available. If you doubt the authenticity of a communication, access the App or an official website directly rather than using a link in that communication. You must notify us immediately of any suspected unauthorised access or security breach.

4.4 Suspension, Termination or Closure

We reserve the right, to the fullest extent permitted by applicable law, to limit or suspend certain or all Services to your Account, freeze or restrict withdrawals or transfers of the Digital Assets in your Account, terminate your Account, close your Account and/or notify the relevant authorities (“Dealing with your Accounts”) if:

(i) we reasonably believe that we need to do so in order to protect the security, integrity, reputation or lawful operation of the Platform or the Services;

(ii) your use of your Account or the Services is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity;

(iii) you are from a restricted jurisdiction as stated in clause 1.2;

(iv) you are not eligible to create an Account in accordance with clause 4.1;

(v) you create or use an Account on behalf of a legal entity and you are not an authorised person to act on behalf of such legal entity;

(vi) we determine, in our sole and reasonable discretion, that you do not meet our eligibility, risk, compliance or other requirements, or are otherwise not suitable to use the Services;

(vii) you are not the person as stated in the Registration Data associated with your Account or such Registration Data is false, inaccurate, outdated or misleading;

(viii) you do not log into your Account for an uninterrupted period of 1 year;

(ix) you use your Account to engage in illegal or illegitimate activities, such as money laundering and bribery;

(x) you use your Account to engage in market manipulative activities, improper transactions or other illicit trading activities such as wash trading, spoofing, layering, money laundering, smuggling and commercial bribery; and/or

(xi) you are in breach of this Agreement or any other applicable laws, rules and regulations.

Notwithstanding the foregoing and in addition to our rights above, we further reserve the right, in our reasonable discretion and to the fullest extent permitted by applicable law, to cancel, unwind, reverse, correct or adjust any trade, transaction or transfer, and/or to deduct or claw back any Digital Assets or other amounts credited to or held in your Account, subject to applicable technical and legal limitations, where we determine that such trade, transaction, transfer, credit or amount is affected by any error, erroneous pricing, system failure, platform system bug, abnormal event, fraud, market misconduct, unlawful activity, or where required or permitted by applicable law or any court or authority of competent jurisdiction. Where reasonably practicable, we shall notify you thereafter. The exercise of the foregoing rights shall constitute “Dealing with your Accounts” for the purposes of this clause.

Notwithstanding the above, we reserve the right to close and terminate your Account by providing you with 7 Business Days’ prior notice. Upon our giving such notice, you shall have 7 Business Days to take any necessary actions, including cancelling any orders or closing your positions (“Pre-Closing Period”). After the end of the Pre-Closing Period, we shall have the right to cancel your orders, close your positions and return the Digital Assets in your Account to you. Notwithstanding anything in this Agreement, if your Account has been closed in accordance with this clause, all fees, charges and liabilities owed by you to us shall be immediately due and payable to us, and we may deduct or set off such amounts against the remaining account balance before returning the balance to you.

We shall not be liable for any adverse consequences and/or losses associated with our Dealing with your Accounts.

We maintain full custody of the Digital Assets, funds and User information/data which may be turned over to governmental authorities in the event of an Account’s suspension or closure arising from fraud investigations, investigations of violation of law or violation of this Agreement.

4.5 API Access and Third Party Permissions

Subject to your eligibility, this Agreement and any applicable API terms, Polo grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to use the API solely to access and trade through the Services. You must not use the API or data obtained through it for any other commercial purpose without our written permission. You use the API at your own risk.

We may impose limits on API calls, moderate activity, or suspend or terminate API access to protect market stability or integrity or where we believe you have breached this Agreement or applicable API terms. Your use of the API remains subject to the product terms applicable to each transaction.

If you authorise a third party to connect to your Account or act through the API, you remain responsible for your Account and the actions taken under that permission. Subject to clause 15, we are not responsible for that third party’s acts or omissions, and you agree to indemnify us for resulting liabilities in accordance with clause 15.2.

4.6 Classic Account and Product Accounts

Poloniex Pro uses the Classic Account structure. Depending on the Services you activate, your Account may include a Spot Account, Margin Account, Quant Account, Futures Account, Options Account, Earn Account, Pool Account and other product accounts or subaccounts made available for a particular Service. Cross-Leverage Accounts and Isolated-Leverage Accounts are maintained for the relevant leverage functions. Each account records the balances, positions and liabilities attributable to the relevant product.

You must activate the relevant product account and satisfy its eligibility and funding requirements before using a Service. The account registration, security, custody, API access, suspension and account-dealing provisions of this Agreement apply to each product account as appropriate. References to dealing with a particular product account mean the measures in clause 4.4 as applied to that account.

Funds are held and used within the relevant product account in accordance with its product rules. Transfers between product accounts must comply with the applicable transfer procedures and restrictions. Margin eligibility, the scope of collateral and liquidation are determined under clauses 7.3 to 7.8 for the relevant product; account balances do not automatically form a single collateral pool across all Services.

4.7 Death of an Account Holder

If we receive legal documentation confirming your death, or information reasonably indicating that you may have died, we may freeze your Account while we verify the position. We may request proof of identity, a will, probate or equivalent estate documentation and, where necessary, an order from a court of competent jurisdiction identifying the person authorised to act for your estate. If there is uncertainty over entitlement, we may require that uncertainty to be resolved before releasing assets.

A verified executor, administrator or other legally authorised representative may be required to open an Account and complete the verification procedures in clause 4.1 and clause 10 before any transfer of the balance is made, subject to applicable law and eligibility requirements. We may release a freeze if satisfactory evidence establishes that you have not died. Any outstanding liabilities remain payable before distribution.

4.8 Unclaimed Property

If we hold Digital Assets for you, cannot contact you and have no record of your use of the Services for a prolonged period, applicable law may require us to report or transfer those assets as unclaimed property to the relevant authority. We may deduct dormancy fees or administrative charges only to the extent permitted by applicable law. We will take any notification or contact steps required by applicable law before transferring such assets.

5. Deposits, Custody, Withdrawals and Transfers

The Services are available only in connection with the Digital Assets that we support, which may change from time to time. Under no circumstances should you use your Account to store, send, request or receive Digital Assets in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your Account for Digital Assets that we do not support. We provide the Services to you and we are not a party to any Transactions of Digital Assets as a buyer or seller. The Services provided by us do not include any deposit, withdrawal or custody of any fiat currencies. Any such services accessible through the Platform are provided by third-party providers under their applicable terms.

All Digital Assets held in your Account are held by us on a custodial basis. This means that:

(i) title to the Digital Assets shall remain with you and not transfer to us. As the owner of the Digital Assets in your Account, you shall bear all risk of loss of such Digital Assets. We do not represent or treat assets in Accounts as belonging to us;

(ii) except as otherwise provided in this Agreement, we may not grant a security interest in the Digital Assets held in your Account;

(iii) except as required by relevant authorities or otherwise stated in this Agreement, we will not sell, transfer, loan, hypothecate or otherwise alienate the assets in your Account unless instructed by you or compelled by a court of competent jurisdiction to do so;

(iv) you control the Digital Assets in your Account. At any time, unless otherwise provided in this Agreement and subject to outages, downtime and other applicable policies, you may withdraw your Digital Assets by sending them to a different blockchain address controlled by you or a third party; and

(v) in order to hold the assets in your Account more securely, your Digital Assets are segregated from our own Digital Assets or funds by way of separate ledger accounting entries for User and our Accounts. Notwithstanding the foregoing, we shall not have any obligation to use different blockchain addresses to store Digital Assets owned by you and by other customers or by us.

We reserve the right to set and adjust the limits on daily trading volume and withdrawals based on our internal considerations, which include security and the state of the relevant Digital Asset networks.

5.1 Deposits

You are responsible for depositing the correct supported Digital Asset using the correct network, destination address and any required tag or memo. Incorrect or incompatible transfers may be permanently lost. Minimum deposit amounts may apply as displayed on the Platform; deposits below the applicable minimum may not be credited or available until the minimum is met.

5.2 Withdrawals and Transfers

You are responsible for specifying the correct supported Digital Asset, network, destination address and any required tag or memo when making a withdrawal or transfer. Incorrect or incompatible transfers may be permanently lost. Minimum withdrawal amounts and product-specific transfer restrictions may apply as displayed on the Platform. We do not guarantee the time required for transfers involving third-party wallets or networks.

5.3 Airdrops and Other Distributions

We are not generally obliged to support or distribute airdrops or other distributions associated with Digital Assets held through the Platform. We may elect to do so in our discretion and will announce any support through the Platform. Where we do not support a distribution, we will not claim it for our own benefit unless avoiding receipt is impractical or unavoidable. This provision is subject to the specific exclusions and recovery rights for borrowed assets and positions set out below.

You shall not be eligible for any airdrop reward (“Airdrop Reward”), and shall have no legal or equitable rights to it, in relation to Digital Assets you borrowed through the Services or positions you hold through Futures trading (each an “Ineligible Event”). If you receive an Airdrop Reward in connection with an Ineligible Event, you must return it to us. We may transfer that Airdrop Reward from the relevant Platform Account, including your Futures Account where applicable, to our proprietary wallets. Until the transfer is completed, we may restrict withdrawals of your Digital Assets from the Platform.

5.4 Delisted Digital Assets

We may delist a Digital Asset in our discretion, taking into account matters such as trading volume, network security, developer support, the cost of continued support and legal or regulatory issues. We will endeavour to announce a delisting and any applicable withdrawal deadline through the Platform. Once that deadline has passed, withdrawals may be disabled and support discontinued. The availability of withdrawals may also be affected by circumstances outside our control, including a network ceasing to operate. Delisting may also result in the suspension or termination of related product functions in accordance with the applicable product terms.

6. Digital Asset Networks

6.1 Digital Asset Transactions

We will process Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any User, receiver, requestee or other third party and will have no liability or responsibility for ensuring that the information you provide is accurate and complete. Transactions cannot be reversed once they have been broadcast to the relevant Digital Asset network.

We may charge network fees (“miner fees”) to process a Transaction on your behalf. We will calculate the miner fees at our discretion, although we will always notify you of the miner fees at (or before) the time you authorise the Digital Asset Transaction. When you or a third party sends Digital Assets to an Account from an external wallet not hosted on the Platform, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of miner fees in order for the transaction to be completed successfully. Non-payment of miner fees may cause your Transaction to remain in a pending state outside of our control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such Transactions.

Once submitted to a Digital Asset network, a Transaction will be unconfirmed for a period of time pending sufficient confirmation of the Transaction by the Digital Asset network. A Transaction is not complete while it is in a pending state. Digital Asset associated with Transactions that are in a pending state will be designated accordingly and will not be included in your Account balance or be available to conduct Transactions until confirmed by the network.

We may also refuse to process or cancel any pending Transaction as required by law, regulation or any court or other authority to which we are subject in any jurisdiction, for instance, if there is suspicion of money laundering, terrorist financing, fraud, or any other financial crime.

6.2 Operation of Digital Asset Protocols

We do not own or control the underlying software protocols which govern the operation of Digital Assets supported on the Platform. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them.

We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols relating to any Digital Asset you store in your Account may change.

In particular, the underlying protocols are likely to be subject to sudden changes in operating rules (“forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Asset you store in your Account. We do not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by us in determining whether to continue to transact in the affected Digital Asset using your Account. In the event of any such operational change, we reserve the right to take such steps as may be necessary to protect the security and safety of assets held on the Platform, including temporarily suspending operations for the involved Digital Asset(s), and other necessary steps.

We will use reasonable efforts to notify you of our response to material changes in a Digital Asset protocol, but those changes are outside our control and may occur without warning. We decide, in our discretion, whether to support any fork, new Digital Asset or other protocol change.

You accept the risks of changes to Digital Asset protocols and acknowledge that, subject to clause 15, we are not responsible for any resulting loss of value or for assisting with unsupported assets or protocols. Unless we announce otherwise, you should not assume that any fork or related distribution will be supported.

6.3 Attacks on Blockchain Networks

We cannot prevent attacks on blockchain networks. If we believe that a supported Digital Asset or its network has been compromised or is under attack, we may halt trading, deposits or withdrawals, or discontinue support for that Digital Asset. We will determine the treatment of affected deposits, withdrawals and balances on a case-by-case basis, subject to applicable law and clause 15.

7. Trading and Finance Services

This clause sets out the product provisions for the Classic Account structure. The general provisions of this Agreement, including clauses 4 to 6, 8, 15, 16 and 18, apply to these Services. Product availability remains subject to clause 1.2. The additional specifications and rules displayed for a product apply to that product in accordance with clause 19.6.

You shall comply with the following rules when trading Digital Assets on the Platform:

(i) you shall read, understand and accept in full the information on the Platform before executing your trade, including, but not limited to price, fees and whether the Digital Asset is to be bought or sold;

(ii) when you execute your trade and submit your Transaction, you authorise the Platform to provide an execution-only service and to facilitate the relevant trade by matching your Transaction with the relevant counterparty without further notice to you;

(iii) you may request to cancel, revoke or modify your Transaction at any time before the trade is executed, subject to the applicable trading rules. Any such request will take effect only if successfully processed before the trade is executed; and

(iv) you can check the details and records of your trades on the Platform.

7.1 Exchange Rates

Each purchase or sale of Digital Assets is also subject to the Exchange Rate for the given Transaction. The "Exchange Rate" means the price of a given supported Digital Asset in fiat currency as quoted on the Platform. The Exchange Rate is stated either as a "Buy Price" or as a "Sell Price", which is the price at which you may buy or sell Digital Assets, respectively.

You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that there may be a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a Transaction. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and/or sell your Digital Assets on the open market at any particular price or time.

7.2 Calculations and Transaction Records

Unless we expressly state otherwise, calculations made by the Platform are final and conclusive, subject to our right to correct errors under this Agreement.

You are responsible for reviewing your Transaction and account records made available through the Platform and notifying us promptly of any suspected error. The account information and error-correction provisions of this Agreement continue to apply.

7.3 Margin, Leverage and Risk Controls

The following rules apply to cross-leverage and isolated-leverage trading functions, and to trading Loans and related Warning Messages, as applicable. They must be read with the relevant spot, margin or Futures provisions below. The interest-rate rules in clause 7.3.3 concern trading Loans; Crypto Loans are governed by clause 7.8.5 and their displayed product terms.

7.3.1 Cross-Leverage Trading

Margin and borrowing limits

You shall provide Margin for Cross-Leverage Trading, which shall be equal to the net value of the Digital Assets in your cross-leverage account (“Cross-Leverage Account”) multiplied by the corresponding margin adjustment coefficient (“Margin Adjustment Coefficient”). The Margin Adjustment Coefficient refers to the coefficient for the conversion of the margin of a token at its market price when calculating the margin amount. We shall have the right to:

(i) adjust the Margin Adjustment Coefficient;

(ii) determine the relevant token type which can be borrowed; and

(iii) set a limit for the margin for a particular token,

from time to time without any prior notice to you.

The maximum amount of the Loan is the maximum amount of tokens that you can borrow from us. The Platform shall calculate the current maximum amount of your Loan based on the maximum amount that you can borrow for cross leverage, the Margin Adjustment Coefficient, the Platform rules, and other restrictions we may consider from time to time.

Once a Loan is granted to you, the borrowed Digital Assets will be transferred to your Cross-Leverage Account immediately, and the Platform will commence charging interest immediately upon such transfer.

Leverage

The maximum amount of the Loan depends on the Digital Assets in your Cross-Leverage Account and your selected leverage multiple.

Interest

Interest on your Loan shall be calculated based on the hourly service rate. Any period less than 60 minutes shall be deemed to be 1 hour. The interest shall start accruing once the Loan is credited to your Account. You can repay the Loan anytime. Any Fees owed shall be paid first before the Loan is repaid. You acknowledge and accept that interest will continue to accrue until the Loan is fully repaid and may increase your risk of Forced Liquidation. You are responsible for monitoring your accrued interest balance and repaying the Loan when appropriate.

Repayment

In the event you have multiple Loans on the Platform, you may select the Loan to be repaid first.

Risk control

The Platform shall have the right to set the position limit for a single token type, which is used to calculate the risk rate, the purchase limit and the amount that can be transferred out your Cross-Leverage Account.

Only Digital Assets in your Cross-Leverage Account can be used as Margin for the Loan. We shall monitor the Margin Ratio of your Cross-Leverage Account. For the purposes of this clause 7.3.1, your Margin Ratio shall be determined as follows:

The value of your assets shall be denominated in USDT, whereby the total market value of Digital Assets = the current total market value of the Digital Assets within the position limit of the Cross-Leverage Account. The value of Digital Assets exceeding your position limit is not accounted for in the calculation of the Margin Ratio.

For this calculation, total liabilities equal the current total market value of outstanding Loans in the Cross-Leverage Account.

The unpaid service fee equals the aggregate of each Loan amount multiplied by its duration at the time of calculation and the hourly service rate, less service fees already offset or paid.

When the Margin Ratio of the Cross-Leverage Account reaches 120% (“Warning Line”), the system will send a message to you through the contact information you provided (“Warning Message”).

When the Margin Ratio of the Cross-Leverage Account falls to or below 110% (the “Forced Liquidation Line”), the system will automatically trigger a Forced Liquidation, liquidating the positions in the Cross-Leverage Account held by you and automatically repaying all your Loans. If you have more than one Loan, the repayment will be made in chronological order and the Loan that occurs first will be repaid first. If all the assets in your Cross-Leverage Account are insufficient to repay all Loans, the Platform shall have the right to recover any owed amounts from you.

The Platform shall have the right to limit the purchase amount of tokens of a single type, to avoid any deterioration in the Margin Ratio or even Forced Liquidation triggered by the purchase of tokens exceeding the position limit.

You shall be aware of the risks of leveraged trading. All losses caused by Forced Liquidation shall be borne by you, including any losses where you did not take appropriate measures to reduce your position in time after receiving a Warning Message.

We reserve the right to manage the total value of Loans, the maximum amount of Loans, the Margin Adjustment Coefficient, the Warning Line and Forced Liquidation Line.

In the event the balance in your Cross-Leverage Account is negative after a Forced Liquidation, we reserve the right to restrict any transfers and/or withdrawals from your accounts with us. Any transfers to your Cross-Leverage Account will also be used to pay off any outstanding amounts owed.

7.3.2 Isolated-Leverage Trading

For an Isolated-Leverage Account, the Warning Line and Forced Liquidation Line are the applicable margin thresholds displayed on the Platform. A Warning Message is a risk notification sent through the contact details associated with your Account.

Margin and borrowing limits

You shall provide Margin for Isolated-Leverage Trading for each trading pair you intend to trade. The Platform shall set accounts for each trading pair in respect of each Loan.

The maximum amount of the Loan is the maximum loan limit of the relevant trading pair. It is calculated by the Platform based on the maximum loan amount in each isolated-leverage account (“Isolated-Leverage Account”) and the rules and restrictions of the Platform.

After being granted the leveraged loan, the borrowed Digital Assets will be transferred to your Isolated-Leverage Account immediately and the Platform will commence charging interest immediately upon such transfer.

Leverage

The maximum amount of the Loan depends on the Digital Assets in your Isolated-Leverage Account and your selected leverage multiple.

Interest

Repayment

In the event you have multiple Loans on the Platform, you may select the Loan to be repaid first.

Risk control

The Digital Assets in each Isolated-Leverage Account shall not be included as Margin in other Isolated-Leverage Accounts. We shall monitor the Margin Ratio of your Isolated-Leverage Accounts in real time and reserve the right to take measures according to the change in your Margin Ratio.

The value of your assets shall be denominated in USDT

For this calculation, total assets equal the current total market value of all Digital Assets in the Isolated-Leverage Account.

Total liabilities equal the current total market value of outstanding Loans in the Isolated-Leverage Account.

The unpaid service fee equals the aggregate of each Loan amount multiplied by its duration at the time of calculation and the hourly service rate, less service fees already deducted or paid.

When the Margin Ratio of the Isolated-Leverage Account reaches the Warning Line, the system will send a Warning Message to you through the contact information you provided.

When the Margin Ratio of your Isolated-Leverage Account reaches the Forced Liquidation Line, the system will automatically trigger a Forced Liquidation, liquidating the positions in the Isolated-Leverage Account held by you and automatically repaying all your Loans. If you have more than one Loan, the repayment will be made in chronological order and the Loan that occurs first will be repaid first. If all the assets in your Isolated-Leverage Account are insufficient to repay all Loans, the Platform shall have the right to recover any owed amounts from you.

We reserve the right to manage the total value of the Loans, the maximum amount of Loans, the Warning Line and Forced Liquidation Line.

In the event the balance in your Isolated-Leverage Account is negative after a Forced Liquidation, we reserve the right to restrict any transfers and/or withdrawals from your accounts with us. Any transfers to your Isolated-Leverage Account will also be used to pay off any outstanding amounts owed.

7.3.3 Trading Loan Interest Rates and Payment Methods

The Platform has two interest rates (“Interest Rates”) and three payment policies (“Payment Policies”):

(i) basic rate of 0.098% (“Basic Rate”);

(ii) tiered rate (“Tiered Rate”);

(iii) payment in borrowed Digital Asset;

(iv) point card deduction (“Point Card Deduction”); and

(v) payment using eligible Digital Assets designated by the Platform (“Token Deduction”),

together, the “Rate Policy”.

The Basic Rate for Loans is 0.098% per day, or the rate otherwise displayed on the Platform or its applicable rate page from time to time. Eligible Users may receive a Tiered Rate, updated daily, according to their trading volume and their holdings of eligible Digital Assets designated by the Platform under the published tier requirements.

Where offered and if you satisfy the applicable requirements, you may use Point Card Deduction or Token Deduction in accordance with the rules displayed on the Platform. Point Card Deduction and Token Deduction cannot be used together.

We reserve the right to adjust the Rate Policy from time to time in accordance with market conditions and other factors which we deem to be appropriate and update you from time to time through updating this Agreement and/or through announcements on the Platform.

7.3.4 Warning Messages

The following Warning Messages apply to the relevant trading leverage functions, subject to the product-specific thresholds and risk-control provisions above:

Zero-balance warning: A zero-balance warning shall be sent to your account if the Margin Ratio reaches 120%.

Margin ratio warning: A margin ratio warning will be sent to your account if the Margin Ratio reaches 110%.

Limit trading warning: A limit trading warning shall be sent to your account if the Margin Ratio is lower than 110%. When this warning is given, we reserve the right to limit your trading and orders and repay any outstanding Loans and Fees owed to us.

7.4 Classic Account Balances

You must maintain the required balance and collateral in the product account to which the relevant obligation relates. Assets in another product account are taken into account only where the applicable product provisions expressly provide for this or you make or authorise the necessary transfer. In particular, cross-leverage collateral is measured within the Cross-Leverage Account; assets in one Isolated-Leverage Account do not serve as Margin for another; and Futures Margin is maintained in the Futures Account.

The Classic Account structure does not alter any lien, set-off, security, repayment, transfer restriction or recovery right expressly granted under this Agreement. Transfers and redemptions expressly authorised by you, including the Recurring Investment funding instructions in clause 7.8.4, remain subject to their applicable terms.

7.5 Spot, Margin and Automated Trading

7.5.1 Spot Trading

After successfully registering for a Spot Account, you can transfer Digital Assets to your Spot Account to place an order on the Platform (“Order”). You may execute your Order through the order types made available on the Platform (“Order Types”) and buy and/or sell your Digital Assets currently available on the Platform.

Each User is responsible for any Order made on the Platform, including to ensure that the Order is properly submitted on the Platform through the relevant website, mobile application or other means which we may permit from time to time. Your Orders may be rejected by the Platform from time to time and it is your responsibility to ensure that your Order has been executed. We shall not be liable for any loss suffered as a result of any Order not being submitted by you or for your Order being rejected by the Platform. Orders are submitted to the Platform at your own risk. We are entitled to rely on, and you are bound by, all Orders submitted and Transactions executed through your Spot Account.

We shall have the sole discretion to amend, suspend or terminate any or all of the Order Types and Digital Assets available for trading on the Platform at any time and we shall not be liable for any losses incurred by you in respect of such amendment, suspension or termination.

For automated recurring purchases of Digital Assets, please refer to the Recurring Investment terms set out in clause 7.8.4 of this User Agreement.

7.5.2 Margin Trading

The margin service (“Margin Service”) offered by the Platform allows you to use the Digital Assets in your Spot Account and/or Margin Account (“Margin”) to borrow other Digital Assets to execute trades on the Platform. By using the Margin Service, you agree that you fully understand the risks associated with the Margin Service and that you shall use the Margin Service at your own risk.

You shall deposit and maintain in your Spot Account and/or Margin Account the Digital Assets in such form and amounts as required by us, by which we shall have the sole and absolute discretion to require from time to time to maintain the Margin Service. The list of Digital Assets we approve to be eligible to be used as Margin shall be prescribed by us and certain Digital Assets may only be valued based on the margin adjustment coefficient (“Margin Adjustment Coefficient”), which refers to the coefficient for the conversion of the margin of a token at its market price when calculating the Margin amount. We shall not be obliged to inform you of any changes to the valuation of the Digital Assets to be used as Margin prior to such changes taking effect.

We shall have the sole discretion to decide the Margin requirements (“Margin Requirements”) required by the Platform and shall have the right to vary the Margin Requirements from time to time and may do so without prior notice to you. Unless otherwise stated, such changes to the Margin Requirements shall take effect upon posting on the Platform or upon written notice to you, and pursuant to such change, you may be required to immediately deposit additional Margin in the Spot Account and/or Margin Account to execute any trades or maintain any positions on the Platform. Where you are required to post additional Margin, we are not obliged to take into account your Digital Assets which are not in your Spot Account and/or Margin Account.

All Margin shall be held by us as continuing security and shall be subject to a general lien and right of set-off in favour of us for any and all of your obligations, liabilities or monies at any time due by you and payable to us under this Agreement or otherwise. We shall have the right to realise your Margin as provided for in this Agreement.

We shall have the right to deposit, pledge, repledge, hypothecate, re-hypothecate, invest or loan any Margin provided to us and shall not be obligated to notify you on any interest, income or benefit that may be derived therefrom. No interest shall be paid to you on any Margin deposited by you under this Agreement and all such interest and benefit shall be retained by us for our own benefit. We shall not be liable to you for any loss of Margin resulting directly or indirectly from the closure, bankruptcy, insolvency, liquidation, receivership or other events of any third party which the Margin is deposited or pledged.

7.5.3 Trading Loans

Subject to the terms of this Agreement, we agree to provide to you loans of Digital Assets to support your trading on the Platform subject to you meeting the Margin Ratio (as defined in the following paragraph) in your Spot Account and/or Margin Account (“Loan”). We reserve the right to vary or cancel partially or in full any amount of the Loan we provide to you. Notwithstanding anything in this Agreement, we shall not be obligated to provide or continue to provide any Loan to you. You agree to only use any Loan provided to you to use the Services on the Platform only.

You agree at all times to maintain in your Spot Account and/or Margin Account the minimum amount of Margin to satisfy the Platform’s margin ratio (“Margin Ratio”) that we prescribe from time to time. You are solely responsible to monitor the Margin Ratio requirements of your Spot Account and/or Margin Account. In the event your Spot Account and/or Margin Account does not contain sufficient Margin to meet the minimum Margin Ratio, you shall be responsible to transfer additional Margin to your Spot Account and/or Margin Account, whether or not a margin call has been sent to you to meet the minimum Margin Ratio.

7.5.4 Liquidation

You acknowledge and agree that in the event the Margin Ratio in your Spot Account and/or Margin Account falls below the minimum Margin Ratio required by the Platform (“Liquidation Level”), you agree that we shall have the sole and absolute discretion to liquidate any Margin in your Spot Account and/or Margin Account and/or cancel any open orders in your Spot Account and/or Margin Account to bring your Margin Ratio above the Liquidation Level (“Forced Liquidation”). We shall not be obligated to provide notice to you before commencing the Forced Liquidation on the Margin in your Spot Account and/or Margin Account. In the event of such Forced Liquidation, you agree that:

(i) you shall be liable for all fees relating to any Forced Liquidation;

(ii) you shall be liable for any losses, whether realised or unrealised, resulting from the Forced Liquidation; and

(iii) we shall not be liable for any losses, whether realised or unrealised, resulting from the Forced Liquidation.

You agree that if the Margin sold is insufficient to repay the Loan and any interest accrued thereof, you shall be liable for any remaining amounts owed to us. You shall be liable for a higher interest rate depending on the period and amount of the Loan we provide to you.

7.5.5 Leverage

The Platform allows you to execute trades on leverage based on the amount that is offered by the Platform at the time of your trade. Unless otherwise provided in this Agreement, after you select your leverage limit, all your positions shall use the same leverage limit. By executing a leveraged trade, you agree and understand:

(i) the risks associated with trading Digital Assets using leverage;

(ii) a leveraged position requires a higher level of risk management and risk tolerance and you have assessed such risks in accordance with your personal circumstances;

(iii) you are liable for all risks and losses associated with the use of leverage in trading Digital Assets on the Platform; and

(iv) we are not responsible or liable for any losses you may incur by trading leveraged positions on the Platform.

7.5.6 Trading Bot

The trading bot function in your Quant Account (“Trading Bot”) allows you to set a price range whereby the Platform will assist you to set buy and/or sell orders for Digital Assets within the specified price range (“Grid”). The Grid shall include parameters such as:

(i) the upper limit;

(ii) the lower limit;

(iii) number of grids;

(iv) initial capital;

(v) take profit level; and

(vi) stop loss level,

together, the “Parameters”.

You may either set the Parameters manually, copy the Parameters of other Users or through the recommended inputs by the Platform.

By using the Trading Bot, you agree that:

(a) you understand and agree to the relevant risk disclosure and disclaimer statements;

(b) you passed the Trading Bot knowledge test;

(d) we shall not be liable for any losses through Transactions executed through the Trading Bot;

(e) you shall be responsible for monitoring and managing the Trading Bot; and

(f) the expected yield displayed on the website is an estimation and we are not liable for any difference between the expected yield and your actual profit or loss through your use of the Trading Bot.

7.6 Futures

7.6.1 Futures Trading

After successfully registering for a Futures Account, you can transfer Digital Assets to your Futures Account to place an order on the Platform (“Order”). You may execute your Order through the Order Types made available on the Platform and enter and/or exit your positions on the Digital Assets currently available on the Platform.

To prevent market manipulation, we may place position and order size limits (“Order Limits”) on your Futures Account. We have the sole discretion to reduce or close your Positions or cancel your Orders should you exceed your Order Limits (“Order Limit Prevention”). You shall be solely liable for any losses you may sustain through the Order Limit Prevention mechanism.

7.6.2 Index

For each Digital Asset available for trading on the Platform, the Platform uses an index (“Index”) based on certain other exchanges’ prices of the relevant Digital Asset (“Index Data”) to determine the index price of each Digital Asset on the Platform. The Index Data is retrieved through API connections with the other relevant exchanges.

We shall have the sole discretion to adjust the constituents of the Index and their relevant weight in the Index without prior notice to you. We shall not be liable for any loss in the event there are errors in retrieving the Index Data or where there are large deviations in the constituents of the Index which result in a large deviation between the Index price and the actual traded price of the Digital Asset on the Platform.

7.6.3 Margin

The margin service (“Margin Service”) offered by the Platform allows you to use the Digital Assets in your Futures Account as collateral (“Margin”) to open and maintain Futures positions, and/or to borrow other Digital Assets to execute trades on the Platform. By using the Margin Service, you agree that you fully understand the risks associated with the Margin Service and that you shall use the Margin Service at your own risk.

You shall deposit and maintain in your Futures Account the Digital Assets in such form and amounts as required by us, by which we shall have the sole and absolute discretion to require from time to time to maintain the Margin Service. The list of Digital Assets we approve to be eligible to be used as Margin shall be prescribed by us and certain Digital Assets may only be valued based on the Margin Adjustment Coefficient (as defined in clause 7.3.1). We shall not be obliged to inform you of any changes to the valuation of the Digital Assets to be used as Margin prior to such changes taking effect.

We shall have the sole discretion to decide the Margin requirements (“Margin Requirements”) required by the Platform and shall have the right to vary the Margin Requirements from time to time and may do so without prior notice to you. Unless otherwise stated, such changes to the Margin Requirements shall take effect upon posting on the Platform or upon written notice to you, and pursuant to such change, you may be required to immediately deposit additional Margin in the Futures Account to execute any trades or maintain any positions on the Platform. Where you are required to post additional Margin, we are not obliged to take into account your Digital Assets which are not in your Futures Account.

7.6.4 Trading Loans

Subject to the terms of this Agreement, we agree to provide to you loans of Digital Assets to support your trading on the Platform subject to you meeting the Margin Ratio (as defined in the following paragraph) in your Futures Account (“Loan”). We reserve the right to vary or cancel partially or in full any amount of the Loan we provide to you. Notwithstanding anything in this Agreement, we shall not be obligated to provide or continue to provide any Loan to you. You agree to only use any Loan provided to you to use the Services on the Platform only.

You agree at all times to maintain in your Futures Account the minimum amount of Margin to satisfy the Platform’s margin ratio (“Margin Ratio”) that we prescribe from time to time. You are solely responsible to monitor the Margin Ratio requirements of your Futures Account. In the event your Futures Account does not contain sufficient Margin to meet the minimum Margin Ratio, you shall be responsible to transfer additional Margin to your Futures Account, whether or not a margin call has been sent to you to meet the minimum Margin Ratio.

7.6.5 Liquidation

You acknowledge and agree that in the event the Margin Ratio in your Futures Account falls below the minimum Margin Ratio required by the Platform (“Liquidation Level”), you agree that we shall have the sole and absolute discretion to liquidate any Margin in your Futures Account, fully or partially close any open positions in your Futures Account and/or cancel any open orders in your Futures Account to bring your Margin Ratio above the Liquidation Level (“Forced Liquidation”). We shall not be obligated to provide notice to you before commencing the Forced Liquidation on the Margin in your Futures Account. In the event of such Forced Liquidation, you agree that:

(i) you shall be liable for all fees relating to any Forced Liquidation;

(ii) you shall be liable for any losses, whether realised or unrealised, resulting from the Forced Liquidation; and

(iii) we shall not be liable for any losses, whether realised or unrealised, resulting from the Forced Liquidation.

7.6.6 Leverage

(i) the risks associated with trading Digital Assets using leverage;

(ii) a leveraged position requires a higher level of risk management and risk tolerance and you have assessed such risks in accordance with your personal circumstances;

(iii) you are liable for all risks and losses associated with the use of leverage in trading Digital Assets on the Platform; and

(iv) we are not responsible or liable for any losses you may incur by trading leveraged positions on the Platform.

7.6.7 Settlement and Delivery

Settlement occurs when your position closes or expires at the Settlement Price and the profit or loss is credited or deducted from your Futures Account (“Settlement”). We have the sole discretion to declare early settlement due to concerns about the underlying Digital Assets or to ensure a fair and orderly market (“Early Settlement”) without prior notice to you. We shall not be liable for any losses relating to any Early Settlement. In the event of Early Settlement, all relevant positions will undergo Settlement at a time determined by us.

7.7 Options

7.7.1 Options Trading

After successfully registering for an Options Account, you can transfer Digital Assets to your Options Account. To purchase an Option, you are required to request (“Request”) a quote on the Platform (“Quote”). The price payable by you to purchase an Option (the “Premium”) shall be as specified in the applicable Quote or order confirmation. The Premium shall be payable upon execution of the relevant purchase and may be deducted from your Options Account. After you accept the Quote and depending on the type of Options Product you choose to purchase (“Option Type”), you are able to exercise your Option at any time or it will settle automatically on the applicable expiry date of such Option (“Expiry Date”).

You are responsible for any Option you purchase on the Platform, including to ensure that your Request is properly submitted on the Platform through the relevant website, mobile application or other means which we may permit from time to time. Your Request may be rejected by the Platform from time to time and it is your responsibility to ensure that your Request has been submitted. We shall not be liable for any loss suffered as a result of any Request not being submitted by you or for your Request being rejected by the Platform. Requests are submitted to the Platform at your own risk. We are entitled to rely on, and you are bound by, all Requests, purchases and trades made through your Options Account.

We shall have the sole discretion to amend, suspend or terminate any or all of the Option Types available for trading on the Platform at any time and we shall not be liable for any losses incurred by you in respect of such amendment, suspension or termination.

7.7.2 Settlement and Delivery

Settlement occurs when you exercise your Option or it settles automatically on the Expiry Date and the profit or loss is credited or deducted from your Options Account (“Settlement”). We have the sole discretion to declare early settlement due to concerns about the underlying Digital Assets or to ensure a fair and orderly market (“Early Settlement”) without prior notice to you. We shall not be liable for any losses relating to any Early Settlement. In the event of Early Settlement, all relevant Options will undergo Settlement at a time determined by us.

Settlement prices are determined by reference to the relevant underlying index or spot price at the applicable exercise, expiry or Early Settlement time, as published on the Platform. We may adjust settlement terms in case of market disruptions, corporate actions or other events affecting the underlying. We may impose position limits, exposure limits or other controls on Options trading, and may force-close or adjust positions to manage portfolio or Platform-wide risk.

7.8 Finance Services

7.8.1 Staking

The Platform allows you to stake your Digital Assets through the Platform from your spot account (“Spot Account”) to receive rewards for validating the blockchain networks made available at the time (“Staking”). The Platform provides Staking as a technical service to you and by using Staking, you agree that:

(i) you are eligible to use Staking;

(ii) you understand the risks of using Staking;

(iii) we are not responsible for any losses that you may incur through Staking, including any issues relating to the underlying blockchain in which your Digital Assets are staked;

(iv) your Digital Assets may be locked for a certain period when they are staked and may not be withdrawn when they are locked;

(v) the rewards displayed on the Platform are indicative only and we are not responsible for any difference between the displayed rewards and the actual rewards you receive;

(vi) there may be an unstaking period for certain Digital Assets and you may not receive any rewards during the unstaking period;

(vii) you may be required to stake your Digital Assets for a minimum period;

(viii) we are not responsible for any losses you may incur through any delays in your receiving of Digital Assets and/or rewards;

(ix) we have the sole discretion to suspend and/or remove your access to Staking at any time and we shall not be liable to you for any losses you may incur resulting from such suspension or removal; and

(x) we have the sole discretion to suspend and/or remove any Digital Assets available for staking on the Platform at any time and we shall not be liable to you for any losses you incur resulting from such suspension or removal.

7.8.2 Reward Pool

The Platform allows you to lock your Digital Assets in your pool account on the Platform (“Pool Account”) for a certain period to receive rewards (“Reward Pool”). The more Digital Assets you lock, the more rewards you will receive. There may be a cap on the total amount of Digital Assets that may be locked. By using Reward Pool, you agree that:

(i) you are eligible to create a Pool Account and use Reward Pool;

(ii) you understand the risks of using Reward Pool;

(iii) we are not responsible for any losses that you may incur through Reward Pool, including any issues relating to the underlying blockchain of the Digital Assets;

(iv) the rewards displayed on the Platform are indicative only and we are not responsible for any difference between the displayed rewards and the actual rewards you receive;

(v) the Platform will record daily the amount of Digital Assets you have locked. In the event your Digital Assets are unlocked during the daily recording, you may not receive the rewards for the relevant day;

(vi) the Digital Assets and/or rewards may not be released to you at the end of the period. We are not responsible for any losses you may incur through any delays in your receiving of Digital Assets and/or rewards;

(vii) we have the sole discretion to suspend and/or remove your access to Reward Pool at any time and we shall not be liable to you for any losses you may incur resulting from such suspension or removal; and

(viii) we have the sole discretion to suspend and/or remove any Digital Assets available for the Reward Pool service on the Platform at any time and we shall not be liable to you for any losses you incur resulting from such suspension or removal.

7.8.3 Earn

The Platform allows you to place Digital Assets in your Earn account (“Earn Account”) for a period to receive rewards (“Earn”). You may select a fixed-term product, in which the Digital Assets are locked for the specified term, or a flexible product, in which you may withdraw your Digital Assets at any time, subject to this Agreement. Fixed-term products generally offer higher rewards than flexible products, and longer fixed terms generally offer higher rewards. Where offered, preferential rates may depend on your holdings of eligible Digital Assets designated by the Platform or other published eligibility criteria. By using Earn, you accept the applicable Earn product terms made available on the Platform and agree that:

(i) you are eligible to create an Earn Account and use Earn;

(ii) you understand the risks associated with using Earn;

(iii) we are not responsible for any losses that you may incur through Earn, including any issues relating to the underlying blockchain of the Digital Assets;

(iv) by choosing a fixed deposit, your Digital Assets may be locked for a certain period and may not be withdrawn when they are locked;

(v) the rewards displayed on the Platform are indicative only and we are not responsible for any difference between the displayed rewards and the actual rewards you receive;

(vi) you may be required to stake your Digital Assets for a minimum period;

(vii) we are not responsible for any losses you may incur through any delays in your receiving of Digital Assets and/or rewards;

(viii) we have the sole discretion to suspend and/or remove your access to Earn at any time and we shall not be liable to you for any losses you may incur resulting from such suspension or removal; and

(ix) we have the sole discretion to suspend and/or remove any Digital Assets available for Earn on the Platform at any time and we shall not be liable to you for any losses you may incur resulting from such suspension or removal.

7.8.4 Recurring Investment

7.8.4.1 Availability

The Recurring Investment service is currently available to users operating under the Classic Account mode only. We reserve the right to extend or restrict availability at our sole discretion and without prior notice.

7.8.4.2 Activation and funding

Upon activation of a Recurring Investment, the Platform will automatically place purchase orders for your designated Digital Asset(s) at the frequency and time specified by you, using the available USDT balance in the account designated by you as the source of funds for each recurring investment cycle, being either the Spot Account USDT balance or the Earn balance (“Funding Account”). By using Recurring Investment, you are deemed to have read these terms and acknowledged that:

(i) Purchases will be executed using your designated Funding Account selected at the time of plan creation;

(ii) Where you elect at plan creation to have purchased Digital Assets automatically subscribed to Earn flexible products, and the relevant Digital Asset is eligible for a flexible product on Earn, the Platform will subscribe the purchased amount to that flexible product in accordance with your plan settings configured at the time of plan creation. By enabling this election, you confirm that you have read, understood and agreed to the Earn terms and accept all risks associated with Earn, including the risk that subscription limits may be reached or the product may be suspended;

(iii) Where you selected the Earn Account as the Funding Account when creating the plan and the available USDT spot balance is insufficient for a given Recurring Investment cycle, the Platform will automatically redeem your USDT flexible Earn product to your Spot Account to fund that cycle’s purchase;

(iv) The Platform may reject an automatic Earn subscription request, including where no flexible product is active for the purchased Digital Asset, there is insufficient quota, you have reached a holding limit or eligibility restrictions apply. Purchased Digital Assets that are not subscribed will remain in your Funding Account, subject to the actual transfer result;

(v) in all cases, the actual transfer result shall prevail; and

(vi) if a recurring investment order fails to complete within 10 minutes after the scheduled execution time due to network latency, system errors, or force majeure events, that cycle's order will be cancelled. Future scheduled orders under the plan will not be affected.

7.8.4.3 Trade Execution Mechanics

(i) Scheduled Execution

Each Recurring Investment cycle will be executed automatically by the Platform at the time and frequency specified in your plan settings at the time of plan creation. You authorize the Platform to execute a buy order for the target Digital Asset on your behalf using the available funds in your designated Funding Account in accordance with this clause 7.8.4.

The scheduled execution time is the time at which the Platform's system processes your plan in the execution queue. Actual processing may be subject to system queue delays. The Platform does not guarantee that execution will occur at the exact scheduled time and shall not be liable for any losses arising from minor deviations in execution timing. You acknowledge and accept this risk.

(ii) Reference Price: When executing each Recurring Investment buy order, the Platform will use the real-time best ask price of the relevant trading pair at the moment the order is submitted to the market as the reference benchmark. You acknowledge and agree that:

(a) the reference benchmark is indicative only and does not constitute a guaranteed execution price;

(b) the actual execution price may deviate from the reference benchmark due to market volatility, order book depth, network latency, or other factors beyond the Platform's control; and

(c) you accept the risk of price deviation between the reference benchmark and the actual execution price for each Recurring Investment cycle.

(iii) Order Type: Each recurring investment purchase will be submitted as a market order or an IOC (Immediate-Or-Cancel) limit order, as determined by the Platform at the time of execution. The order type selected by the Platform is aimed at ensuring execution efficiency. The Platform does not guarantee execution price under either order type. The use of a market order or IOC limit order does not protect you against adverse price movements or slippage.

7.8.4.4 Trade Confirmation and Partial Fills

(i) Successful Execution: A cycle shall be deemed successfully executed when the Platform submits a buy order in accordance with your configured parameters (investment amount, asset, and frequency) and that order is partially or fully filled by the market.

(ii) Partial Fill: If an order is only partially filled due to insufficient market liquidity or other reasons, the filled portion shall be deemed successful. The unfilled portion will be retried up to three times. If any portion remains unfilled after three retry attempts, the unfilled portion of that cycle shall be deemed failed. Funds will be settled based on actual filled quantity; remaining unused funds will be returned to your Funding Account.

(iii) Transaction Records: Upon successful execution of each cycle, the Platform will generate a transaction record containing execution price, filled quantity, execution time, and fees. Users may access records via the "Strategy Details" or "Order History" page.

7.8.4.5 Failed Transactions

A recurring investment cycle shall be deemed failed, and the purchase for that cycle will not be executed or any submitted order will be cancelled, upon occurrence of any of the following:

(i) Insufficient Funds: Your available Funding Account balance is insufficient to cover the investment amount and estimated fees for that cycle at the time of execution. If you have multiple Recurring Investment plans scheduled on the same execution date and there are insufficient available funds in your Funding Account to settle all such plans, the Platform may (but is not obliged to) determine which plans to process. The Platform shall not be responsible for any losses resulting from the incomplete execution of all plans on any given execution date. Each Recurring Investment cycle is assessed and settled independently of any other cycle or plan. It is solely your responsibility to ensure your Funding Account maintains sufficient balance on an ongoing basis;

(ii) Market Anomalies: The trading asset experiences abnormal price volatility, a market circuit breaker, temporary suspension, or halt in trading of the relevant pair, such that a normal market order cannot be placed or filled;

(iii) Strategy Paused or Terminated: You have manually paused or terminated the strategy prior to execution, or the Platform has suspended the strategy for risk control or compliance reasons. All subsequent unexecuted cycles will also not be carried out; executed transactions are unaffected;

(iv) System or Network Failure: The transaction instruction cannot be completed due to platform upgrades, maintenance, network interruptions, third-party service failures, or other reasons not attributable to the Platform; or

(v) Risk Control Restrictions: Your account triggers the Platform's risk control rules, including but not limited to KYC failure, account freezing, or trading restrictions. The Platform reserves the right to refuse execution of the relevant cycle.

7.8.4.6 Handling of Failed Transactions

(i) Refund: If a cycle fails due to insufficient funds, no funds will be deducted. If a cycle fails after an order has been submitted but not filled, any frozen or held funds will be automatically released and returned to your Funding Account upon order expiry or cancellation.

(ii) Strategy Continuation: Unless you proactively terminate the plan, a single failed cycle does not affect subsequent cycles, and the plan will continue to attempt execution at the next scheduled cycle. Notwithstanding the above, if a Recurring Investment cycle fails repeatedly, the Platform may or may not automatically suspend the Recurring Investment plan. You will be notified of such suspension. A suspended plan will not resume automatically and must be reactivated by you.

(iii) The Platform may, at its discretion, suspend or modify your Recurring Investment plan in response to the delisting of a Digital Asset or trading pair, platform upgrades, rebranding of Digital Assets, or other product changes. If the target Digital Asset or trading pair in your Recurring Investment plan is delisted or no longer supported by the Platform, the Platform reserves the right to automatically terminate that plan. The Platform may, but is not required to, provide advance notice of such modifications. Where the Platform considers it practicable, it will use reasonable efforts to notify you after any material modification has been implemented.

(iv) No Compensation: You understand and agree that we are not liable for lost investment opportunities arising from a failed cycle under clause 7.8.4, subject to clause 15 of this User Agreement.

7.8.5 Crypto Loans

The Platform allows you to pledge Digital Assets as collateral (“Margin”) to borrow other Digital Assets (“Crypto Loans”). After selecting the Digital Asset to provide as collateral, the amount of Digital Assets and the loan term, you are able to pledge your Digital Asset and we provide/make available the loan to you in the Digital Asset which you select (“Loan”). You may use the Loan at your discretion, including executing trades on the Platform and withdrawing the Loan. By using Crypto Loans, you agree that:

(i) you are eligible to use Crypto Loans;

(ii) you understand the risks associated with using Crypto Loans;

(iii) we are not responsible for any losses that you may incur through Crypto Loans;

(iv) we have the sole discretion to set the value of your Margin and shall not be obliged to inform you of any changes to the value of your Margin;

(v) all Margin shall be subject to a general lien and right of set-off in favour of us for any and all of your obligations, liabilities or monies at any time due by you and payable to us under this Agreement or otherwise. We shall have the right to realise your Margin as provided for in this Agreement;

(vi) we shall have the right to deposit, pledge, repledge, hypothecate, re-hypothecate, invest or loan any Margin provided to us and shall not be obligated to notify you on any interest, income or benefit that may be derived therefrom;

(vii) no interest shall be paid to you on any Margin deposited by you under this Agreement and all such interest and benefit shall be retained by us for our own benefit;

(viii) we shall not be liable to you for any loss of Margin resulting directly or indirectly from the closure, bankruptcy, insolvency, liquidation, receivership or other events of any third party which the Margin is deposited or pledged;

(ix) we reserve the right to vary or cancel partially or in full any amount of the Loan we provide to you;

(x) we shall not be obligated to provide or continue to provide any Loan to you;

(xi) you agree at all times to maintain the minimum amount of Margin to satisfy the Platform’s margin ratio (“Margin Ratio”) that we prescribe from time to time in relation to your Loan;

(xii) you shall be responsible to transfer additional Margin to maintain your Loan;

(xiii) in the event the Margin Ratio in relation to your Loan falls below the minimum Margin Ratio, we have the sole and absolute discretion to liquidate your Margin without notice to you (“Liquidation”);

(xiv) you shall be liable for all fees and/or losses relating to any Liquidation;

(xv) if the Margin sold is insufficient to repay the Loan and any interest accrued, you shall be liable for any remaining amounts owed;

(xvi) we have the sole discretion to suspend and/or remove your access to Crypto Loans at any time and we shall not be liable to you for any losses you may incur resulting from such suspension or removal; and

(xvii) we have the sole discretion to suspend and/or remove any Digital Assets available on Crypto Loans at any time and we shall not be liable to you for any losses you may incur resulting from such suspension or removal.

7.9 Market Misconduct

The following requirements apply across the Trading Services and Finance Services, as relevant to the conduct and product concerned.

You must not engage in any conduct that we determine constitutes market misconduct (“Market Misconduct”), including:

(i) manipulating the market, including by spoofing orders, fictitious trading or price rigging;

(ii) creating a false or misleading appearance of trading activity or prices;

(iii) taking any action to maintain an artificial price or manipulate the price;

(iv) disclosing false or misleading information about the Platform; and/or

(v) taking or omitting to take actions which would constitute fraud.

We may monitor activity on the Platform using surveillance systems and take any action we consider necessary to address actual or suspected Market Misconduct.

8. Fees and Charges

You agree to pay all applicable fees and charges. Each purchase or sale of Digital Asset is subject to a fee (“Trading Fee”). Other fees and charges may also apply depending on the relevant Service you use, including but not limited to funding fees, interest and/or service fees on any loans or borrowings of Digital Assets, liquidation fees, network fees ("miner fees"), commissions and any other fees or charges (together with the Trading Fee, "Fees"). The applicable Trading Fee will be displayed to you on the Platform prior to each trade and is stated in each receipt we issue to you; other Fees and their rates are as published on the Platform from time to time. We may adjust the Fees at any time.

You agree that all Fees owed may be settled by deducting the relevant amounts from your Account or other accounts you may have with us and you agree that any Fees owed are a debt immediately due and payable to the relevant party. In the event you are unable to pay any of the Fees when they are due in the relevant Digital Asset owed, we shall have the right to effect payment or repayment in any other Digital Asset that you have in your Account or other account with us at an exchange rate as determined by us at the time of repayment. Any applicable taxes, duties, disbursements, costs and/or other expenses incurred by us relating to your use of the Services shall be borne by you.

9. Compliance

Our KYC and AML/CTF procedures are designed to prevent the use of the Platform for money laundering, terrorist financing, fraud and other financial crimes and are guided by applicable laws and regulatory requirements. We may prohibit fraudulent transactions, monitor and report suspicious activity and take the compliance measures described in this Agreement.

You authorise us to make enquiries, directly or through third parties, that we consider necessary to verify your identity and protect you, other Users and us against fraud or financial crime. We may disclose your information to credit reference, fraud prevention or financial crime agencies for these purposes, and those agencies may respond to our enquiries. We may require enhanced due diligence, additional records or verification steps, or further information concerning your transactions. Failure to provide information in a timely manner may result in restrictions, suspension or closure of your Account. We may impose waiting periods or volume limits before permitting additional Services or transactions.

If we are informed that any Digital Assets or funds received by your Account are stolen or otherwise are not lawfully possessed by you, we may, but have no obligation to, place an administrative hold on the affected funds and your Account. If we enact an administrative hold on some or all of your Digital Assets or funds or Account, we may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to us has been provided in a form acceptable to us. We do not adjudicate any such disputes or otherwise participate in their resolution. Any review of evidence of the resolution by us is solely for the purpose of determining whether to maintain or release the administrative hold. You agree that we will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.

9.1 Sanctions Compliance and Export Control

Your use of the Services is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Assets through your use of the Services, you agree that you will comply with those requirements. You are not permitted to acquire Digital Assets or use any of the Services if:

you are located in, under the control of, or a national or resident of any country or territory subject to comprehensive or broad-based economic sanctions, including but not limited to Cuba, Democratic People’s Republic of Korea (North Korea), Iran or Syria, or any other country or territory subject to comprehensive or broad-based sanctions or restrictions imposed, administered or enforced by the United States, the United Nations, the European Union, or the United Kingdom, or under any other applicable sanctions laws, rules or regulations, in each case as amended or updated from time to time (each a "Sanctioned Country");

you are identified as a restricted or prohibited person on economic sanctions lists as published from time to time by applicable authorities or financial sanctions regimes, or are owned or controlled by such a person to the extent that you are treated as sanctioned, blocked or restricted under applicable sanctions laws, rules or regulations (a "Sanctioned Person"); or

you intend to supply any acquired or stored Digital Assets or Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person, or to transact with any jurisdiction from which all Services are prohibited under clause 1.2 or any Sanctioned Person.

9.2 Taxes

You are responsible for determining, reporting and paying any taxes arising from your use of the Services and for maintaining the records required for that purpose. Transaction records may be accessed through your Account while available. We will make any withholding, reporting or filing required of us by applicable law, but otherwise are not responsible for determining or discharging your tax obligations.

10. KYC and AML/CTF

10.1 KYC and AML Procedures

In relation to KYC and AML/CTF, we:

(i) shall promulgate and update our KYC and AML/CTF policies to meet the standards set by applicable laws, rules and regulations;

(ii) shall promulgate and update the guidelines and rules relating to the operation of this Platform and our staff shall facilitate the provision of the Services to you in accordance with such guidelines and rules;

(iii) shall design and execute procedures for transaction monitoring and control, which includes, but is not limited to rigorous identity authentication procedures, and maintain a dedicated team to address AML;

(iv) adopt a risk-based approach to due diligence and supervision of our Users;

(v) have the right to review and inspect the transactions to, from and on our Platform;

(vi) shall have the right to report Transactions that we deem in our sole discretion to be suspicious to the relevant authorities;

(vii) shall retain Registration Data, Identification Information and transaction records following Account closure or completion of the relevant transaction for at least six years, to the extent required or permitted by applicable law, and for any longer period required by applicable law; and

(viii) where required by applicable laws, rules or regulations, have the right to transmit information relating to any Digital Asset transfer to any VASP, financial institution or other relevant recipient involved in such transfer, and to refuse, suspend or delay such transfer where the required information is unavailable or incomplete.

Where you are an individual, we shall collect certain information from you, including, but not limited to, your:

(i) name;

(ii) address (and permanent address if it differs from your address). Your address (or permanent address) shall be verified in the manner prescribed by us;

(iii) valid email address;

(iv) date of birth;

(v) nationality;

(vi) photograph of you with your identification documents;

(vii) official identification documents, including passports, identity cards (both front and back) and other identification documents issued by the relevant authorities; and

(viii) other information that we may request from you from time to time,

the “Personal Identification Information”.

Where you are a legal entity other than an individual, we shall collect certain information from you, including, but not limited to, your:

(i) registration and incorporation documents;

(ii) articles of association or memorandum;

(iii) ownership structure and description of such ownership structure;

(iv) board resolution designating your authorised person responsible for the Account;

(v) identification documents of the directors, major shareholders and the authorised person(s). Generally, shareholder(s) holding 10% or more of the relevant entity’s voting power is required to be identified;

(vi) your address; and

(vii) other information that we may request from you from time to time,

the “Corporate Identification Information” and together with the Personal Identification Information, the “Identification Information”.

Identification Information that we request from you may vary according to your jurisdiction and we also may require you to notarise copies of documents you provide to us. We shall have the right to request the notarised translation of your Identification Information to English if your Identification Information is not provided in either English or Chinese.

10.2 Transaction Reporting

We shall monitor the activity of your Account for suspicious transactions. If we determine that there is a suspicious transaction relating to your Account, we may, subject to applicable technical and legal limitations, suspend, halt or terminate the transaction, reverse the transaction and/or report the transaction to the relevant authorities, without notice to you. Any action we take in response to a suspicious transaction shall not result in a breach of this Agreement.

11. Data Protection

Our Privacy Policy and Cookie Policy explain how we collect, use, store, share and protect personal information. We process and disclose your information in accordance with those policies and applicable law, including for identity verification, provision of Services, fraud prevention and compliance. Depending on the relevant Service and the lawful basis for disclosure, recipients may include:

(i) your Transaction counterparty;

(ii) our shareholders, partners, investors, directors, supervisors, senior managers and employees;

(iii) our joint ventures, alliance partners and business partners;

(iv) our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research and storage;

(v) third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us;

(vi) insurance companies or insurance investigators and credit providers;

(vii) credit bureaus, or any debt collection agencies or dispute resolution centers in the event of dispute;

(viii) professional consultants such as auditors and lawyers;

(ix) relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations implemented by government authorities;

(x) assignees of our rights and obligations;

(xi) banks, credit card companies and their respective service providers; and

(xii) persons with your consent as determined by you or the applicable contract.

If this Agreement conflicts with the Privacy Policy on the collection, processing, use, storage or protection of personal information, the Privacy Policy prevails, subject to applicable law. Nothing in this Agreement excludes the application of mandatory data protection law.

12. Intellectual Property Rights

The Platform, the App, the Services and their content, software, source code, design, databases, text, graphics, technology, names, trademarks and logos, and all related intellectual property rights (“Intellectual Property”), are owned by Polo or its licensors. “Poloniex Pro” and related logos are trademarks or registered marks of Polo or its licensors. You acquire no ownership in the Intellectual Property by using the Services.

Subject to this Agreement, we grant you a limited, non-exclusive, non-sublicensable and non-transferable licence to access and use the Platform and the Services solely for approved purposes. Except as expressly authorised by us, you must not modify, copy, frame, scrape, reverse engineer, rent, lease, loan, sell, distribute or create derivative works from any part of the Platform or the Services. No other rights or licences are granted, and all rights not expressly granted are reserved.

You must not infringe our Intellectual Property or that of any other person. You must not copy, imitate or use our names, trademarks or logos without our prior written consent. Your permission to use the Platform and the Services may be terminated in accordance with this Agreement if you breach these restrictions.

Any questions, comments, suggestions, ideas, plans, drawings or other feedback you voluntarily provide to us concerning Polo, the Platform or the Services (“Feedback”) are non-confidential. To the extent permitted by law, you assign to Polo all rights in that Feedback, including intellectual property rights, and we may use and disclose it for any purpose without acknowledgement or payment to you.

13. Rights and Obligations

Notwithstanding anything in this Agreement, we reserve the right, in our sole discretion:

(i) where there are errors or updates, to amend information displayed on the Website;

(ii) to modify, suspend or terminate any or all of the Services offered at any time without prior notice to you. In the event of such termination, it will take effect on the date of the announcement of the termination on the Website or on such later date as specified in the announcement;

(iii) suspend or permanently terminate your access to your Account, the Platform or your use of any or all the Services;

(iv) if we suspect or determine that the information you provide to us is wrong, untrue, invalid and/or incomplete, notify you to correct or update the information you provide to us and provided that you do not correct and update the relevant information, suspend or terminate the provision of Services to you;

(v) delete any content or information on the Platform which does not comply with applicable laws, rules and regulations without prior notice to you;

(vi) in accordance with applicable laws, rules and regulations, request information from you. You shall have an obligation to assist us with such request; and

(vii) in the interest of Users, under special circumstances which hinders the provision of Services on the Platform, such as a system failure, network failure or in extreme market conditions, to amend the Services provided. You shall be informed of such amendments through announcements on the Website.

Unless otherwise stated in this Agreement, we shall:

(i) use reasonably necessary technical means and management measures to ensure the normal operation of the Platform and provide a necessary and reliable environment for your use of the Services;

(ii) maintain the provision of Services to you;

(iii) use reasonably necessary technical means and management measures to ensure the security of your Digital Assets, including by strengthening our technical capabilities and enhancing our security measures; and

(iv) provide you with advance notice regarding foreseeable security risks relating to your Account.

14. Representations and Warranties

By agreeing to this Agreement, you represent, warrant and/or undertake that:

(i) you have not been previously suspended or removed from using the Services;

(ii) if you are an individual, you are at least 18 years old and have full legal capacity; if you act for an entity, you are duly authorised to bind it; and in either case you satisfy the requirements of clause 4.1;

(iii) your use of the Services and your Account activity is in compliance with all applicable laws, rules and regulations;

(iv) all your Digital Assets are legally acquired and owned by you;

(v) you are solely liable for the actions taken using your Account;

(vi) you are responsible for all profits, losses or liabilities arising from your transactions and use of your Account;

(vii) all the information you provide to us is true, accurate and complete;

(viii) you shall make the relevant reports to authorities for taxation purposes;

(ix) you shall refrain from engaging in any illegal activity through your use of the Services;

(x) you shall always refrain from engaging in or participating in any act or activity that damages the interests of the Platform, whether or not in connection with the Services provided by this Website;

(xi) you shall not act in a way that is contrary to the intended use of the Platform, such as facilitating the illegal transfer of information, spread false information about the Platform, actions that infringe on our rights or the rights of other Users, invitations to pyramid schemes or falsifying and relaying such false information to us or other Users;

(xii) you shall not maliciously interfere with the normal operations of the Platform or other Users’ use of the Services, whether through technical means or otherwise;

(xiii) you shall not state or spread false defamatory information about us;

(xiv) in the event of a dispute between you and other User(s), you shall only resort to judicial or other government-related means to request information from us;

(xv) you are liable for all fees and taxes relating to any hardware, software and other third party services incurred by you in your use of the Services; and

(xvi) you shall comply with this Agreement and other guidelines and rules that we release in relation to this Platform.

14.1 Restricted Activities

In addition to the restrictions above and in clause 7, you must not use the Services to engage in illegal gambling, money laundering, fraud, blackmail, extortion, ransomware activity, terrorist financing or other unlawful or prohibited market practices; infringe intellectual property or other rights; provide false or misleading information; or distribute unsolicited advertising, spam or harmful code.

You must not use crawlers or similar techniques to extract data without authorisation; reverse engineer or disassemble the Platform, App or API; conduct unauthorised penetration or vulnerability testing; impose an unreasonable load on our infrastructure; intercept, interfere with or expropriate systems or data; or attempt unauthorised access to any Account, system or network. You must not engage in fictitious transactions, wash trading, front running or other market abuse. These restrictions do not prohibit use of an API expressly authorised under clause 4.5.

15. Liability and Indemnification

This clause applies to all Services, including those described in clause 7. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct or gross negligence to the extent applicable law prohibits its exclusion or limitation. All exclusions, limitations and indemnities in this Agreement are subject to that qualification.

15.1 Limitation of Liability

To the fullest extent permitted by applicable law, Polo, its affiliates and service providers, and their respective officers, directors, agents, joint venturers, employees and representatives, will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or loss of profits, goodwill, use, data or other intangible losses, whether in contract, tort, negligence, strict liability or otherwise, even if advised of the possibility of those losses.

This exclusion includes such losses arising from your use of or inability to use the Services; the cost of substitute goods or services; unauthorised access to or alteration of your transmissions or data; or other matters relating to the Platform or the Services.

To the fullest extent permitted by applicable law, our total aggregate liability to you arising out of or in connection with the Services will not exceed the total Fees paid by you to Polo for the Services during the three months immediately preceding the event giving rise to the liability. We retain any right of set-off available under this Agreement or applicable law.

15.2 Indemnification and Release

You agree to indemnify and hold harmless Polo, its affiliates and service providers, and their respective officers, directors, agents, joint venturers, employees and representatives, against claims, demands, losses, fines, fees, penalties and expenses, including reasonable legal fees, arising from your breach of this Agreement, violation of applicable law or regulation, infringement of a third party’s rights, or acts or omissions of a third party you authorise to access your Account. Recoverable losses are net costs reasonably incurred, without duplication.

If you have a dispute with another User or a third party, you release Polo and the other persons identified above from claims, demands and damages arising out of that dispute to the extent permitted by applicable law. This release does not apply to liability that cannot be excluded or limited under this Agreement or applicable law.

15.3 No Warranty

Except as expressly provided in this Agreement and to the extent permitted by law, the Services are supplied “as is” and “as available”, without express or implied representations or warranties, including warranties of title, merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the Services will meet your requirements; be uninterrupted, timely, secure or error-free; be available or permissible in every jurisdiction; or that any product, information or material obtained through them will meet your expectations.

Some jurisdictions do not permit the exclusion of certain warranties or limitations of liability, and those exclusions or limitations will apply only to the extent permitted. If you do not accept the Services or this Agreement, you may stop using the Services and close your Account in accordance with clause 16. This does not prejudice any rights you cannot waive under applicable law.

16. Termination and Remedies for Breach

We shall have the right at any time to terminate all Services offered by us to you in accordance with this Agreement and this Agreement shall terminate on the relevant date of termination of all Services. You shall have the right to terminate your use of the Services provided by us at any time and this Agreement shall terminate on the relevant date of your termination of use of the Services. Notwithstanding the foregoing, in the event that you elect to terminate your use of the Services, you shall, prior to such termination, cancel all outstanding orders, close all open positions, repay all outstanding Loans and settle all charges, fees and other liabilities payable by you to us. We reserve the right to refuse or defer any termination request until you have complied with the foregoing. Upon your compliance, we shall return the remaining Digital Assets in your Account to you, after deducting or setting off any amounts payable by you to us. We shall not be liable for any adverse consequences and/or losses arising from your failure to comply with your obligations under this clause. Upon termination of this Agreement, you agree that you shall not have the right to require us to continue to provide the Services to you or perform any other obligation, including, but not limited to, requesting us to keep or disclose to you any information in your Account, or to disclose to you or any third party any information therein that is not read or sent.

Termination of an individual Service or its applicable Product Terms does not, by itself, terminate this Agreement or affect other Services or their Product Terms, unless this Agreement expressly provides otherwise. Termination of this Agreement terminates your right to use all Services and the Product Terms applicable to that use, without prejudice to provisions that survive under clause 16.2.

16.1 Breach of Agreement

If you materially breach this Agreement or violate applicable law in a manner that adversely affects us or materially impairs performance of this Agreement, you must compensate us for the resulting direct losses, damages, costs and expenses, including reasonable legal fees. For any other breach, you must compensate us for the resulting direct losses and damages (together, “Compensation”). This obligation and clause 15.2 apply without double recovery for the same loss.

In addition, we reserve the right to (a) terminate this Agreement and your account(s) with us; and/or (b) seek any other appropriate remedies, including injunctive relief, specific performance, asset preservation and set-off, together with any other remedy available at law or in equity, which may be exercised cumulatively.

For the avoidance of doubt, the termination of this Agreement shall not affect any rights, remedies, obligations or liabilities accrued prior to termination, and shall not prevent the non-breaching party from demanding the breaching party to assume liabilities arising other than under this Agreement.

After closure of your Account, you remain responsible for activity conducted while it was open and for all outstanding liabilities. We may retain Account and transaction information for compliance purposes in accordance with clause 10.1 and the Privacy Policy. Closure does not require us to delete information that applicable law requires or permits us to retain.

16.2 Survival

Rights and obligations that by their nature are intended to continue will survive the closure of your Account or termination of this Agreement, including accrued payment obligations, confidentiality and data retention provisions, intellectual property rights, indemnities, limitations of liability and the dispute resolution provisions.

17. Notices and Support

17.1 Notices and Communications

You consent to electronic communications in accordance with the E-Sign Consent made available on the Platform. We may send notices by email, SMS, in-App message or push notification, Platform announcements or official social media channels. Unless applicable law or a specific provision of this Agreement requires otherwise, a notice is deemed received when sent, published or made available through the relevant channel. You must keep your contact details current and regularly review the Platform and the communication channels associated with your Account. Material amendments are subject to the prior notice requirements in clause 2.1.

17.2 Support and Contact

For questions or assistance concerning the Services, use the support function or official support link made available through the Platform. Provide your Account identifier, a description of the issue and relevant transaction identifiers, but do not disclose passwords or private keys. Complaints and Disputes are subject to clause 18.

18. Governing Law and Dispute Resolution

18.1 Internal Resolution and Formal Complaints

If you have a dispute, claim or controversy with Polo arising out of or relating to this Agreement or the Services (a “Dispute”), you agree first to contact our support team through the Platform to seek an amicable resolution. If support cannot resolve the Dispute, you must submit a formal written complaint through the complaint process made available by support, identifying your Account, the relevant facts, supporting documents and the resolution you seek. These steps together constitute “Internal Resolution”. You agree to complete Internal Resolution before commencing arbitration or an action in small claims court, except where applicable law requires otherwise or urgent interim relief is needed.

We will acknowledge receipt of your formal complaint and a customer relations agent will review it. Within 15 Business Days after receipt, we will email a resolution notice offering your requested resolution, rejecting the complaint with reasons, or proposing an alternative solution. In exceptional circumstances beyond our control, we may extend the response period by explaining the reason and specifying a final response date, which will be no later than 35 Business Days after receipt. If the complaint remains unresolved at the end of the applicable response period, you may proceed under the following provisions. Failure to complete the required process may be raised as a ground to stay or dismiss a premature filing to the extent permitted by law.

18.2 Governing Law and Binding Arbitration

This Agreement and any Dispute are governed by and construed in accordance with the laws of the Republic of Panama, subject to any mandatory law that cannot be excluded by agreement.

If a Dispute is not resolved through Internal Resolution, it will be resolved by binding arbitration on an individual basis, including contractual, statutory, tort, fraud and misrepresentation claims and disputes concerning the existence, validity, interpretation, performance, breach or termination of this Agreement. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, subject to the AAA’s applicable rules determining the procedures appropriate to the Dispute. The current rules are available at https://www.adr.org/rules-forms-and-fees/consumer/. Subject to applicable jurisdictional requirements, you may instead bring an individual claim in your local small claims court if it remains in that court and proceeds only on an individual basis.

To the extent permitted by applicable law and the applicable arbitration rules, the arbitrator will decide disputes about the interpretation, application, enforceability, revocability, scope or validity of the arbitration agreement. Matters reserved to a court by mandatory law remain for the competent court.

18.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, CLAIMS MUST BE BROUGHT IN EACH PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE DIFFERENT PERSONS’ CLAIMS OR CONDUCT A CLASS ARBITRATION. BY ACCEPTING THIS AGREEMENT, YOU AND POLO WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION TO THE EXTENT THOSE RIGHTS MAY LAWFULLY BE WAIVED.

18.4 Arbitration Procedure and Costs

Arbitration will be conducted in English by one neutral arbitrator. Subject to the applicable arbitration rules, any in-person hearing will take place in the county, parish or equivalent locality where you reside, or another location agreed by the Parties. Hearings may be conducted remotely or matters decided on written submissions in accordance with the applicable rules. The arbitrator may award any remedy available from a court of competent jurisdiction, subject to this Agreement and applicable law. The award is final and binding and may be enforced in any court of competent jurisdiction; it does not create a precedent or bind persons who are not parties to the arbitration.

If arbitration filing or administrative costs imposed on you exceed those you would otherwise pay to proceed in court, we will reimburse the excess upon request. We will also pay any additional fees or costs required by the applicable arbitration rules or law. Any award of legal fees or other costs must comply with those rules and applicable law.

18.5 Court Proceedings and Interim Relief

Either Party may seek urgent interim, conservatory or injunctive relief from a court of competent jurisdiction without waiving arbitration. Except for small claims proceedings, applications for interim relief, enforcement of an award or mandatory jurisdictional requirements, the courts of the Republic of Panama have exclusive jurisdiction over any claim that is not subject to arbitration under clause 18. This court jurisdiction provision does not override the agreement to arbitrate.

18.6 Severability

If any part of this clause 18 is invalid or unenforceable, it will be severed to the minimum extent necessary and the remainder will continue in effect. If the class action waiver cannot lawfully be applied to a particular claim, that claim will proceed in a competent court and not in class arbitration. That determination will not affect arbitration of other claims or the continued application of Internal Resolution to the extent permitted by law.

19. General Provisions

19.1 Relationship of Parties

Polo acts as an independent contractor. This Agreement does not create a partnership, joint venture, joint association for profit or agency relationship between you and Polo. Except as expressly stated in applicable product terms, we provide the Platform and are not the principal or counterparty to trades between Users.

Nothing in this Agreement creates a fiduciary or advisory relationship between you and Polo. Transactions or disputes between you and another User or a third party remain separate from our contractual relationship with you.

19.2 Assignment

You may not assign or transfer this Agreement or any rights or obligations under it without our prior written consent, and any unauthorised assignment is void. We may assign or transfer this Agreement and our rights and obligations to a third party without your consent, subject to applicable law. If you object, you may stop using the Services and close your Account in accordance with clause 16.

19.3 Force Majeure

Polo will not be liable for failure or delay resulting from abnormal or unforeseeable circumstances outside our reasonable control whose consequences could not have been avoided despite reasonable efforts. These may include governmental action, terrorism, natural disasters, labour disruption, failures of another network or system, mechanical or data-processing failures, or compliance with legal obligations.

19.4 No Waiver

A failure or delay by either Party to exercise or enforce a right or provision of this Agreement does not waive that right or provision. A single or partial exercise does not prevent a further exercise or the exercise of another right. A waiver of one breach does not waive any other breach.

19.5 Severability

Subject to clause 18.6, if any provision of this Agreement is found unenforceable, invalid or illegal by any court of competent jurisdiction or any arbitral tribunal:

(a) such provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable; if such modification is not possible, that provision or part shall be deemed deleted from this Agreement;

(b) the remaining provisions of this Agreement shall not be affected and continue in full force and effect; and

(c) a determination that any provision is invalid, illegal or unenforceable in one jurisdiction shall not affect the validity, legality or enforceability of that provision in any other jurisdiction.

19.6 Entire Agreement

This Agreement, including the incorporated Product Terms and policies, constitutes the entire agreement between you and Polo concerning your use of Poloniex Pro and the Services and supersedes prior understandings on that subject. Except as expressly provided, it creates no rights in any person other than you, Polo and Polo’s affiliates, which are intended third party beneficiaries. Nothing in this clause excludes liability for fraud or rights that cannot lawfully be excluded.

Where provisions conflict, the provisions of clause 7 governing the relevant product and any applicable Service-specific Product Terms prevail over the general provisions of this User Agreement only to the extent of the conflict and only for the product or function they govern. This User Agreement otherwise prevails over policies, guides, Platform rules, announcements and instructions. The Privacy Policy prevails on personal information matters as provided in clause 11. The definitions identifying the contracting Parties, mandatory legal qualifications and clause 18 apply throughout unless expressly superseded by separately agreed terms addressing those matters. All incorporated documents must be read subject to applicable mandatory law.