These Terms and Conditions govern the use of the electronic trading platform, including any website or mobile application provided by PrimaX. The Terms constitute a binding agreement between the Company and you as an individual user for your personal use of the Application and the Platform. By registering, downloading the Application, and using the Platform, you acknowledge your agreement with this Agreement and our associated Privacy Policy. If you do not agree with these Terms, you must immediately delete the Application and cease using the Application and the Platform.
Securities Disclaimer: No materials or any other information that may be provided on the Site or the Platform constitute, or may be construed as, a recommendation, endorsement, offer, solicitation, or inducement to enter into any transaction, purchase any product, or otherwise deal with securities, crypto assets, or other products. You further understand that none of the information providers, including any third-party service provider (as defined below), advises you personally regarding the nature, potential, value, or suitability of any particular security or crypto asset, portfolio of securities or crypto assets, transaction, investment strategy, or other matter, and that any information provided is not tailored to the investment needs of any individual. You understand that investments in any security or crypto asset are subject to a variety of risks and that discussions of any security or crypto asset published on the Site or Platform may not include a list or description of relevant risk factors. Please note that markets are constantly changing, therefore any information, content, third-party content (as defined below), or other materials provided on or through the Site or Platform may be incomplete, outdated, or superseded by more current information. You rely on such information at your own risk.
No Professional or Investment Advice: Our Site and Platform are not intended to provide tax, legal, insurance, or investment advice, and nothing on the Site or Platform should be construed as an offer to sell, a solicitation to buy, or a recommendation regarding any security or crypto asset by the Company. You are solely responsible for determining whether any investment, security, strategy, or other product or service is suitable or inappropriate for you based on your investment objectives and personal and financial situation. You should consult with an attorney or tax advisor regarding your specific legal and tax situation.
1.1. Unless otherwise defined or the context requires otherwise, all capitalized terms have the meaning set forth in these Terms:
• “Account” means the account created by a User who has downloaded the Application or accessed the Site and registered with the Company to use the Site and Platform.
• “Application” means the mobile application provided by the Company for access to the Platform.
• “Authorized Person” means any person authorized to access and use the Site (including the Application) and the Platform on behalf of the User.
• “Biometric Authentication” means identity authentication functionality using biometric data, including fingerprints, facial recognition, or any other biometric information (collectively, “Biometric Information”), as we may permit from time to time.
• “Digital Assets” means bitcoins, ethereums, or other cryptocurrencies, digital assets, or currencies.
• “Digital Platforms” means third-party distribution platforms through which mobile applications or other programs may be accessed or downloaded, including but not limited to the Apple App Store and Google Play.
• “Government Authority” means any country or government, or any province, state, or other political subdivision thereof, or any organization, body, or institution exercising executive, legislative, judicial, regulatory, or administrative functions of or relating to government, including any governmental authority, agency, department, board, commission, or institution or any political subdivision thereof, any court, tribunal, or arbitrator, as well as any self-regulatory organization.
• “Material” means any offered materials, term sheets, market data, research reports, product or service documentation, or any other information provided through the Platform.
• “Personal Information” means information provided by a User that directly or indirectly identifies such User.
• “Privacy Policy” means additional terms and conditions governing the collection, use, and disclosure of each User’s Personal Information, as set forth here (link). Each User must read and agree to the Privacy Policy in order to use the Application or the Site.
• “Service Notifications” are unilateral notifications from the Company (which may include security-related notifications) via text messages or emails and, where applicable, push notifications through the Site. Such notifications are sent to the User regarding specific information or events related to the Account that the User has access to via the Platform.
• “Third-Party Service Provider” means any third party that offers trading accounts, fiat-to-crypto exchange accounts, or other financial services that may be registered for and accessed through the Platform.
• “Third-Party Account” means a separate financial services account created by the User with a Third-Party Service Provider for conducting transactions.
• “User” means any person who has registered with the Company to use the Site and access the Platform, as well as any Authorized Person acting on their behalf.
• “User Identification Policy” means the know-your-customer (KYC) policies and procedures adopted by the Company from time to time with respect to a User’s access to the Platform.
• “User Credentials” means the set of user identifiers, password, personal identification number, token, and any other information or device provided to the User for access to the Platform.
2.1. We reserve the right at any time to:
• amend, update, or modify the provisions and conditions of this Agreement or our Privacy Policy;
• modify, update, or alter the Site and Platform, including removing or discontinuing any content or feature of the Site or Platform; or
• impose charges, fees, or other conditions for the use of the Platform or any part thereof (with prior notice).
(collectively referred to as “Changes”).
2.2. We may implement such Changes at any time without prior notice (except as specified in subsection (c) above). Any Changes to this Agreement may be posted on our website or communicated to you via push notifications through the Site or by email to the address listed in your Account. For this reason, you should regularly check our website, allow the Site to send push notifications, and keep your email address and other contact information in your Account up to date. You accept any Changes if you continue to use the Site and Platform after such Changes are made.
3.1. The Application may be available for download from one or more Digital Platforms. Your download, installation, access, or use of the Application is also subject to the terms and privacy policies of the respective Digital Platform (“Digital Platform Terms”). In the event of a conflict between these Terms and the Digital Platform Terms, these Terms shall prevail.
3.2. The Application is independent from, and is not affiliated with, sponsored, endorsed, or in any way associated with, any Digital Platform. You and we acknowledge that this Agreement is concluded solely between you and us, and not with any Digital Platform, and that we, and not the Digital Platform, are solely responsible for the Application and its content to the extent set forth in this Agreement.
3.3. You and we acknowledge and agree that the respective Digital Platform and its subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, such Digital Platform will have the right (and shall be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
4.1. You acknowledge that your agreement with your mobile and internet network provider (“Network Provider”) applies to your use of the Site. You acknowledge that your Network Provider may charge you for data services when you use certain functions of the Site or any other third-party charges that may arise, and you accept sole responsibility for such charges. If you are not the bill payer for the mobile or internet device used to access the Site, you will be deemed to have received permission from the bill payer to use the Site. You must also ensure that your use of the Site does not violate your mobile or internet device agreement or any wireless data service agreement.
5.1. You must be at least eighteen (18) years old to access and use the Site and Platform. You also represent that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You must register with the Company to use the Site and Platform; you agree to provide complete and accurate information when registering to use the Site and Platform and to keep such information updated.
5.2. We have the sole right to accept or reject your registration on the Platform. Only Users whose registration has been approved by us shall be our clients.
6.1. All title, ownership rights, and intellectual property rights in and to the Site and Platform, any information transmitted by or through the Platform, and information regarding the use of the Platform shall remain with the Company or its licensors. Nothing on the Platform shall be construed as granting any User any license, except as expressly stated herein, to any title, ownership rights, and/or intellectual property rights of the Company or any third party, whether by estoppel, implication, or otherwise.
6.2. The Platform and Application may provide you with access to content, information, quotes, videos, photos, or other materials (“Third-Party Content”) provided by certain third parties (“Third-Party Content Providers”). The Company does not endorse, recommend, or assume responsibility for verifying the accuracy, validity, or completeness of any Third-Party Content provided through the Site or Platform. Your use of or reliance on such Third-Party Content is at your own risk. All title, ownership rights, and intellectual property rights in and to such Third-Party Content shall remain with the applicable Third-Party Content Provider. Nothing on the Platform shall be construed as granting any User any license, except as expressly stated herein, to any title, ownership rights, and/or intellectual property rights of any Third-Party Content Provider, whether by estoppel, implication, or otherwise.
6.3. Subject to your compliance with these Terms, you may download and access the Site from one mobile device and access the Platform using duly issued User Credentials. All other rights in the Site are reserved by the Company. In the event that you breach these Terms, we shall have the right to immediately terminate your use of and access to the Site and Platform.
6.4. You agree not to:
• modify, adapt, reproduce, translate, or create derivative works of the Site or Platform or any data or content (including Third-Party Content) provided through the Site or Platform, or any part thereof, or attempt to reverse-engineer, decompile, or otherwise attempt to discover the source code of the Site or Platform;
• remove any copyright notices, trademarks, legends, logos, or product identifiers from the Site or Platform;
• misrepresent other sites as the Company’s Site by copying the visual “look and feel” or text from the Company’s Site or otherwise infringing the Company’s intellectual property rights, including, without limitation, by “framing” text or images from the Company’s Site or banners and/or text links managed by the Company, search marketing, or any other online or offline campaigns;
• edit, modify, filter, truncate, or rearrange the information contained in any part of the Company’s Sites, or remove, obscure, or minimize any part of the Company’s Site in any way without the Company’s permission; or
• use the Site or Platform, or the Company’s logo, trademark, or trade name, for any commercial purpose in any manner.
6.5. Each User authorizes the Company to use any information or content provided by the User or processed in connection with the use of the Site and Platform (e.g., Personal Data, geolocation information, device information) in the context and for the purposes of providing services or products on the Platform and ensuring the secure use of the Site and Platform.
7.1. To use the services on the Platform, you must create an account on the Platform (hereinafter the “Account”). The Account will be used to record various Digital Assets that you transfer to the Platform and to conduct transactions on the Platform. An Account may be registered by any individual who is at least eighteen (18) years old, or by an institution through its duly authorized representatives, provided that such individual or institution has read and understood the Risk Disclosure Statement, which is incorporated by reference and forms part of this Agreement. Each User may register only one trading account on the Platform. Registering multiple trading accounts will be a violation of these Terms and may result in the immediate termination of these Terms and the relevant accounts.
7.2. An Account is not a bank account, and the Digital Assets held in the Account are not deposits or other financial products. Except where otherwise permitted by the Platform, no interest is paid on any funds or Digital Assets in your Account, and any Digital Assets we hold directly for your benefit are not insured by any governmental authority.
7.3. You may fund your Account by transferring Digital Assets from your third-party accounts into your Account. The Platform does not charge a fee for funding your Account; however, third parties, such as your bank, may charge transaction fees or other charges. Digital Assets will be transferred to a Platform omnibus account address. The Platform will then credit your Account with such amount of Digital Assets in the Platform’s ledger.
7.4. You may withdraw all or part of the Digital Assets in your name, as registered in the Platform ledger. There is no minimum balance of Digital Assets required to maintain your User status. Digital Assets will be transferred from the Platform’s omnibus account to the Digital Asset address specified by you. Withdrawals may take up to three (3) days, provided that larger withdrawals may take up to thirty (30) days, and any withdrawal may be delayed as necessary to comply with applicable law and/or the Platform’s User Identification Policy.
8.1. The Platform is a trading venue that allows you to place orders and facilitates the matching of orders and the settlement of the purchase or sale of Digital Assets or their derivatives with other Users. The Platform simply matches buy and sell orders submitted by Users and assists Users in carrying out their intentions expressed through such orders. Except as otherwise expressly stated in this Agreement, neither the Company nor the Platform acts as a principal or as a counterparty to these transactions. Neither the Company nor the Platform is responsible for any disputes between Users regarding any transaction.
8.2. Orders are automatically matched by the Platform using its proprietary software and models, and the Platform will notify the relevant Users when an order has been executed. Once matched, the order is executed and cleared instantly. YOU MUST PLACE AN ORDER ONLY IF YOU FULLY INTEND TO COMPLETE THE TRANSACTION. You have the right to stop a pre-authorized order by initiating procedures through your Account to close such open order.
8.3. Unless otherwise permitted by the Platform, you may only sell Digital Assets up to the total amount of Digital Assets held in your Account and registered in the Platform ledger, plus the applicable Transaction Fee (as defined below). Any attempt by you to sell more Digital Assets than recorded in the Platform’s ledger for your Account, after deduction of the applicable Transaction Fee, will result in a failed trade and may be grounds for Account closure.
8.4. You acknowledge that under certain circumstances you may not be able to cancel or modify an order, even before it has been matched or executed. We are not responsible for ensuring that an order is modified or canceled, and you understand and agree that if an order cannot be canceled or modified, you remain bound by the execution of the original order. You further acknowledge that attempts to modify or cancel and replace an order may result in over-execution or duplicate orders, and you are responsible for all such executions.
8.5. You will be deemed to have placed orders through the Platform when we confirm such orders via the Platform or by other means we may determine (regardless of whether you actually received or became aware of such confirmation). You understand that the Platform provides the ability to view in real time the status of all your open orders and pending instructions. You also understand that you are responsible for monitoring your open orders and pending instructions in real time until the Platform confirms full execution, cancellation, or rejection of such orders or instructions, and that we have no liability if you fail to do so. If you do not promptly notify us of any error in the real-time confirmation of the status of any of your open orders or pending instructions, including the Platform’s failure to promptly confirm receipt of an order after you submit it, we reserve the right, in good faith, to require you to accept the trade or to remove the trade from your Account at your gain or loss. In some cases, at our sole discretion, we may require secondary electronic, oral, written, or other confirmation before taking any action if your Account activity falls outside the normal range of activity.
8.6. Your orders are subject to trading limits that we may establish, revise, and communicate to you from time to time.
8.7. Subject to Section 8.10, once an order is executed, the transaction cannot be reversed.
8.8. You acknowledge that due to technical and other limitations, the price of Digital Assets displayed on the Site may be delayed and therefore may not reflect the current, prevailing market value of such Digital Asset. Nevertheless, you agree that the prices displayed on the Site control the value of your Account and your use of the Platform and Site.
8.9. You acknowledge and agree that the Platform cannot and does not guarantee that any order placed through the Platform will be executed at the best posted price.
8.10. Absent mutual agreement of the parties, we reserve the right to cancel or nullify trades if:
• the trade occurred as a result of an identifiable system execution, settlement, or communication outage or failure;
• the trade is, in the Company’s sole discretion, deemed fraudulent, manipulative, or detrimental to other Users or the Platform;
• the trade was executed using an Account that was compromised by unauthorized users, and we have determined in good faith that cancellation of the trades would be in the best interest of Users or the Platform; or
• the Company, in its sole discretion, believes that your Account or trading activity therein violates these Terms.
9.1. You may be offered the ability to register for and create a Third-Party Account with a Third-Party Service Provider. Such Third-Party Account will be subject to the terms and policies established by the Third-Party Service Provider for such Third-Party Account (“Third-Party Service Provider Terms”).
9.2. You should carefully review the Third-Party Service Provider Terms before opening a third-party account. If you do not agree with the Third-Party Service Provider Terms, you should not register for or open such third-party account. All trades and other transactions conducted through a third-party account will be governed by the Third-Party Service Provider Terms. Furthermore, you understand and agree that:
• The Company will act solely as a platform administrator and service provider for the Third-Party Service Provider in relation to Third-Party Accounts. Accordingly, the Company may collect your Personal Information and other information on behalf of the Third-Party Service Provider in the process of opening Third-Party Accounts and providing the Platform for transactions conducted through such accounts. Such Personal Information will be processed by the Company in accordance with its Privacy Policy and will be shared with the Third-Party Service Provider, who will process such Personal Information in accordance with its own privacy policy.
• The Company does not provide you with such Third-Party Account and is not responsible for such Third-Party Account or any transactions conducted through it, or for any acts or omissions of the Third-Party Service Provider regarding Third-Party Accounts, the Third-Party Service Provider Terms, or its handling of your Personal Information. The Company is not responsible for transactions conducted by you or your Authorized Persons in relation to your Third-Party Account. Any requests or inquiries regarding trading activity or other services relating to Third-Party Accounts that you send to us will be forwarded by the Company to the Third-Party Service Provider.
10.1. Downloading the App and registering as a User is free, but we may charge fees for certain in-app purchases and other features that we may specify from time to time.
10.2. In exchange for access to the Platform and services, you agree to pay a fee for each transaction you initiate and settle (such fee, the “Transaction Fee”). The current Transaction Fee can be found on the Site after you log in to your Account. We reserve the right to change, modify, or increase the Transaction Fee at any time and from time to time. Any such changes, modifications, or increases become effective upon posting on the Site. If you do not agree with the published changes, modifications, or increases, you should cease using your Account as provided herein. Your continued use of the Account after the posting of the revised Transaction Fee on the Site constitutes acceptance of all such changes or adjustments.
10.3. Transaction Fees are paid by the parties to a trade in any given transaction. Each side of the trade will be charged a fee in USDT/USDC or other currencies we may approve from time to time. You are responsible for any fees charged by third parties in connection with transferring Digital Assets to your Account on the Platform. The Platform charges a withdrawal fee for transferring Digital Assets from your Account.
10.4. If you believe you have been incorrectly charged a Transaction Fee, you must promptly notify the Platform of such error and provide any additional information related to the transaction. If you fail to raise any questions or objections within thirty (30) days after such allegedly incorrect Transaction Fee first appears on any account statement, such fee will be deemed acceptable by you for all purposes.
10.5. You may be charged transaction or other fees in connection with your third-party account. Any such fees are specified in the Third-Party Service Provider Terms. We are not responsible for any fees, charges, or expenses that you may incur in connection with such third-party account.
11.1. The Company will issue a set of unique User Credentials to each User registered to use the Site and Platform. Such User Credentials permit the User only to access the Account. Each User must promptly provide the Company with confirmation of receipt of such User Credentials.
11.2. Each User acknowledges that each set of User Credentials is non-transferable and must be used only by the User to whom it was issued. Such User Credentials must not be disclosed or transferred to any third party without the Company’s written consent. We will never ask you, for any reason, via email, regular mail, or by telephone, to disclose your User Credentials. Password requests will be conducted only online and only after you log in to the Platform. We will never send you embedded links in an email requesting that you log in to the Platform by clicking such link. If you receive an embedded link by email purporting to be from us or the Platform, you must not open or click the link. The email is not from us and is most likely fraudulent.
11.3. You understand and agree that the information and services provided by the Platform are not provided to, and may not be used by or for the benefit of, any person or entity in any jurisdiction where the provision or use would be contrary to applicable law, or where we are not authorized to provide such Platform, information, or services. We also do not offer services or products to Users in certain excluded jurisdictions, including the United States, mainland China, Hong Kong, Singapore, Canada, France, the United Kingdom, North Korea, Cuba, Iran, Uzbekistan, Russian-controlled regions of Ukraine (currently including Crimea, Donetsk, and Luhansk), Sevastopol, Sudan, Syria, or any other jurisdictions in which we may decide from time to time to discontinue services at our sole discretion (“Excluded Jurisdictions”). You must promptly inform us if you become a resident of any Excluded Jurisdiction or become aware of any Users based in an Excluded Jurisdiction. You understand and acknowledge that if it is determined that you provided false information regarding your location or residence, the Company reserves the right to take any appropriate action under this restriction or under the laws of the relevant jurisdiction, including the immediate closure of any Account and liquidation of any open positions. We also do not offer services to persons or entities listed on the U.S. Treasury Department’s Specially Designated Nationals or Blocked Persons Lists, the EU Consolidated Financial Sanctions List, the UK Sanctions List, or any entity owned or controlled (50 percent or more) by a person or entity on such lists (collectively, “Prohibited Parties”), or provide services that involve or otherwise benefit Prohibited Parties. You understand that the Company reserves the right to take any appropriate action under this restriction or under the laws of the relevant jurisdiction, including the immediate closure of any Account and liquidation of any open positions.
11.4. Each User is obligated to:
• Keep their User Credentials strictly confidential and not disclose them to any third party for any purpose, including, without limitation, initiating or executing any payment transactions using the Account. Furthermore, the User must not visibly disclose their User Credentials to third parties on any device (e.g., by writing down or recording the User Credentials without concealing them);
• Take all reasonable efforts to safeguard all records relating to their User Credentials, including, without limitation, storing such records in a secure or physical location accessible and known only to the User, and in a place where third parties are unlikely to gain access;
• Take all reasonable measures to comply with security instructions provided by the Company and otherwise protect the security, prevent unauthorized access, or use by any other person of the User’s Credentials, the Site, or the Platform, including security measures prescribed in our Privacy Policy;
• Immediately notify the Company through any channel prescribed by the Company in the event of:
a) loss of your User Credentials;
b) your User Credentials being disclosed to third parties or otherwise compromised;
c) any suspicion of unauthorized use of your User Credentials;
• Create strong passwords (e.g., using a combination of letters, numbers, and special characters rather than easily obtainable personal information) and strong PINs (e.g., not using sequential numbers or basing a PIN on a User’s contract ID, date of birth, phone number, identification number, or any other easily accessible personal information).
11.5. If access to the Platform is made through the correct entry of User Credentials or via the App, the corresponding User is deemed to have accessed the Platform. You are responsible for all actions performed through such access by an Authorized Person authorized to access the Platform on your behalf. The Company is not obligated to investigate or take any other steps to verify the identity of any User or Authorized Person. The Company is not responsible for any losses you may incur as a result of another person using your User Credentials or Account, whether with or without your knowledge. Upon receipt of notification under Section 11.4(d), the Company will deactivate the relevant User Credentials and block access to the Platform or Site as soon as practicable.
11.6. Each User must secure all devices or systems used to access the Platform (e.g., the App), including, without limitation, installing and regularly updating browsers, security patches, antivirus, anti-malware, and other appropriate software on the devices or systems. Each User must also comply with all instructions, procedures, and directions related to the Platform, Site, and User Credentials as communicated by the Company from time to time, including, without limitation, risk management and other measures outlined on the Platform login page.
12.1. You must use the Site or Platform solely in accordance with these Terms, exclusively for your Account or internal business purposes. You may not sell, lease, or otherwise provide access to the Site or Platform to third parties, act as a service bureau, or otherwise use the Site or Platform on behalf of third parties.
12.2. You may not use the Site or Platform in any way, provide any information or content, or take any action while using the Site or Platform that:
• is unlawful, illegal, or unauthorized;
• is defamatory toward any other person;
• is obscene, sexually explicit, or offensive;
• advertises or promotes any other product or business;
• may annoy, upset, embarrass, alarm, or irritate any other person;
• may disrupt the operation of the Platform or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
• infringes any copyright, trademark, trade secret, or other proprietary rights of any other person;
• restricts or prevents any other person from using the Platform, including, without limitation, by “hacking” or damaging any part of the Platform;
• disables, damages, or alters the functionality or appearance of the Platform;
• “frames” or “mirrors” any part of the Platform without our prior written consent;
• uses any robot, spider, scraper, data mining, data gathering, or extraction tool or process, manual or automated, to download, extract, index, “mine,” collect, or otherwise reproduce or bypass the navigation or presentation of the Platform or its content;
• collects or processes information about other Users without their explicit consent;
• sends unsolicited or unauthorized advertising, spam, or “chain letters” to other Platform Users;
• except as otherwise permitted in writing by the Company, open multiple accounts, unless expressly allowed by the Platform;
• engage in frequent, high-volume trading using or without using software or trading tools not permitted by the Platform;
• transmit any content containing software viruses or other harmful computer code, files, or programs; or
promote, encourage, or facilitate any violence or illegal activity.
12.3. You understand and agree that the information and services provided by the Platform are not provided to, and may not be used by or for the benefit of, any person or entity in any jurisdiction where provision or use would violate any applicable law, or where we are not authorized to provide such Platform, information, or services. We also do not offer services or products to Users in certain excluded jurisdictions, including the United States, mainland China, Hong Kong, Singapore, Canada, France, the United Kingdom, North Korea, Cuba, Iran, Uzbekistan, Russian-controlled regions of Ukraine (currently including Crimea, Donetsk, and Luhansk), Sevastopol, Sudan, Syria, or any other jurisdictions in which we may decide from time to time to discontinue services at our sole discretion (“Excluded Jurisdictions”). You must promptly notify us if you become a resident of any Excluded Jurisdiction or know of any Users based in any Excluded Jurisdiction. You understand and acknowledge that if it is determined that you provided false information regarding your location or residence, the Company reserves the right to take any appropriate action under this restriction or under applicable law, including the immediate closure of any Account and liquidation of any open positions. We also do not offer services to persons or entities listed on the U.S. Treasury Department’s Specially Designated Nationals or Blocked Persons Lists, the EU Consolidated Financial Sanctions List, the UK Sanctions List, or any entity owned or controlled (50 percent or more) by a person or entity on such lists (“Prohibited Parties”), or provide services that involve or otherwise benefit Prohibited Parties. You understand that the Company reserves the right to take any appropriate action under this restriction or applicable law, including immediate Account closure and liquidation of open positions.
12.4. We reserve the right, but are not obligated, at our sole discretion, to edit, remove, block, or restrict any information that violates these Terms.
13.1. We may use technologies, services, or authentication or verification measures that we consider desirable or appropriate. Such measures may include multi-factor authentication or the use of biometric information to access the App and Platform. There can be no guarantees that such technologies, services, or authentication measures will be fully secure, adequate, or successful in preventing unauthorized access or use of the Platform, your Account, or the hacking or theft of personal data.
13.2. We may offer access to the App and Platform via mobile devices using Biometric Authentication. The User acknowledges that enabling Biometric Authentication for the Platform may allow unauthorized third parties to access the Platform without entering User Credentials or banking information. The User acknowledges and accepts the risks and obligations associated with using the Platform in conjunction with Biometric Authentication, including the risk that third parties may request information about their Account. By choosing to use Biometric Authentication on their mobile device, the User consents to the collection and use of such Biometric information to provide access to the App and Platform in accordance with these Terms and the Privacy Policy. The User also relies on functionality provided by the hardware and operating system of the mobile device. We are not responsible for any malfunctions, errors, inaccuracies, or unauthorized access to the User’s Biometric information.
13.3. While we implement reasonable security measures to protect the security and confidentiality of the Platform and your Personal Information in accordance with applicable law, we cannot guarantee the security of all transmissions or any network or system where your Personal Information or account or transaction information is stored or processed. To the extent required by law, we will notify you of any unauthorized access, use, or disclosure of your Personal Information that comes to our attention. Upon receipt of such notice, you are responsible for following the instructions in the notice, including immediately changing your User Credentials and taking other steps to prevent unauthorized access to your account or Personal Information.
14.1. Each User and Authorized Person acknowledge that they have received and accepted these Terms. By applying for access to the Platform and Account on their behalf, any Authorized Person represents and warrants that they are duly authorized to (i) access the Platform and use it on behalf of the User and, if applicable, exercise the same powers that the User has granted the Authorized Person under any underlying power of attorney to the extent technically feasible, and that the services offered via the Platform are similar to services the User may use through other channels; (ii) accept any Changes to these Terms on behalf of the User; and (iii) apply for or subscribe to any Platform services that require a separate application or subscription.
14.2. Each User must ensure that each Authorized Person acting on their behalf is informed of, agrees to, and complies with these Terms and, if applicable, the Third-Party Service Provider Terms. You are fully responsible for all acts or omissions or noncompliance by your designated Authorized Person when accessing and using the Platform and any transactions conducted through your Account.
14.3. Each User fully releases the Company and its affiliates, subsidiaries, officers, directors, employees, agents, and representatives from any liabilities, costs, claims, losses, expenses (including legal fees), and damages arising in connection with (i) any violation of these Terms by their Authorized Person; and (ii) any claims or actions by their Authorized Person against the Company.
14.4. You represent, warrant, and confirm that you have obtained consent from your Authorized Persons for the collection, use, transfer, disclosure, and processing of their Personal Information in accordance with these Terms and the Privacy Policy.
15.1. By choosing to use the Platform, each User acknowledges that:
• The Company is not obligated to fulfill a User’s request for Materials regarding any products and/or services;
• Any Material provided, if any, is provided solely to the User and may not be further distributed without the Company’s written consent.
15.2. You acknowledge that neither the Company nor the Platform is your investment advisor or fiduciary. You also acknowledge that none of the Materials we provide or make available on the Platform constitute our recommendation or solicitation to engage in any specific transaction, or that any particular transaction is suitable or appropriate for you.
15.3. You acknowledge that we have no duty or obligation to verify, correct, supplement, or update any Material displayed on the Platform. Materials, including, without limitation, market data, price quotes, news, and research, may be prepared by information providers independent of us. We do not guarantee that any Material will be accurate, complete, or timely. You should conduct additional research and analysis or consult an investment advisor before making investment decisions. Any use of, or reliance on, the Materials is at your own risk. We are not obligated to notify you of technical difficulties affecting access to the Platform.
15.4. Information about the balance of your Digital Assets and Account status is available electronically for viewing at any time (subject to downtime) on the Site. You may view all transactions online, including pending orders, positions, deposits, and withdrawals, that occurred during the previous year or other periods as determined by the Company from time to time. You are also entitled to receive a receipt, trade ticket, or other proof of transaction. Nothing in the transaction history should be considered as valuation. You acknowledge that errors may occasionally occur, and such errors do not affect the actual funds or results of the transaction. Any transaction reflected in a statement or other communication to you will be deemed authorized and correct, approved and confirmed by you, unless we receive written notice from you to the contrary within three (3) days from the date the message was sent or posted on the Site.
15.5. Content and information displayed on the Platform regarding products and services may not be available for sale or may be restricted to residents of certain countries or certain categories of investors due to regulatory restrictions.
16.1. Use of Service Notices implies communication over unsecured networks. You must provide us with a complete and accurate email address(es) or phone number(s) so that we can send you Service Notices. To ensure you receive all communications, you agree to update your email address and immediately notify us of any changes. Delivery of any message to the provided email address is considered valid. If any email is returned as undeliverable, we reserve the right to block your access to the Platform until you provide and verify a new valid email address. If you provide multiple email addresses and phone numbers, you must indicate the preferred contact details for receiving Service Notices. If your account is a joint account, you must inform us whether Service Notices should be sent to a specific account holder or all holders.
16.2. You agree to receive notices regarding the App, Platform, your Account, and the Terms via Service Notices. You agree that such Service Notices constitute effective notice instead of written, mailed, or other notice required by applicable law.
16.3. You are solely responsible for monitoring the relevant email address or phone number without further reminders or repeat notifications from the Company. You must immediately report any unauthorized use or access to the Platform.
16.4. You release the Company from any liability for losses or damages arising from the use of Service Notices to the extent permitted by law. The Company provides no warranties and assumes no responsibility for the accuracy, timeliness, or completeness of information provided through Service Notices.
17.1. Personal information of Users may be collected, used, transferred, disclosed, or otherwise processed by the Company in accordance with the Privacy Policy. You should carefully read the Privacy Policy before registering and using the Site and Platform. You consent to the collection, use, and disclosure of your Personal Information in accordance with these Terms and the Privacy Policy, including, without limitation, disclosure to a Third-Party Service Provider for the purpose of providing services and executing transactions regarding your Account.
17.2. You agree to provide truthful, accurate, current, and complete Personal Information. You also agree to maintain and promptly update your Personal Information so that it remains truthful, accurate, current, and complete at all times during the term of this Agreement.
17.3. You must immediately notify us of any changes, including, without limitation, changes to Personal Information related to the Platform. If you provide any information that is false, inaccurate, outdated, or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate the Account and deny you any current or future use of the Platform and Site, and to hold you civilly liable or refer you to the relevant law enforcement authorities for criminal prosecution. We are not responsible for any monetary or other compensation following such suspension, termination, or inability to use the Platform or Site.
17.4. You must comply with any reasonable requests from us for information, documents, and agreements related to any transaction or your use of the Site or Platform. You understand that we may report such information to regulatory authorities as we deem necessary in accordance with the Privacy Policy.
17.5. Note that we may collect information using tracking technologies regarding your device, such as IP address, network provider, mobile operator, mobile browser type, timestamp, time zone, speed, bearing, orientation, altitude, or other device-identifying information. You agree to such use of tracking technologies and acknowledge that the obtained information, including Personal Data, may be combined with publicly or privately available information accessible to the Company or any Third-Party Service Provider. You also agree that such information may be provided to the Company’s service providers and Third-Party Service Providers for providing and supporting tracking technologies and related services. We may also collect precise geolocation data from or about your device, which may be expressed as latitude/longitude coordinates obtained via GPS tools, WiFi data, cellular tower triangulation, or other methods. Our use of such information is described in our Privacy Policy.
18.1. We may engage one or more market makers, who may also be affiliated with us, to act as liquidity providers on the Platform. You understand and agree that such market makers may be entitled to terms or rates that are preferential relative to those offered to you.
19.1. The Company maintains an insurance fund to cover excessive losses caused by liquidated positions closed at prices worse than bankruptcy prices. The insurance fund is formed from residual margins of liquidated positions closed at prices better than bankruptcy prices. The current balance of the insurance fund will be displayed on the “Daily Insurance Fund Balance” page of the Platform.
19.2. However, in extreme market conditions, if a position loss over a certain period depletes the insurance fund, you agree that the Platform will automatically reduce the leverage of opposing positions from Users with the highest ADL ranking at the bankruptcy price of the liquidated order. In such circumstances, Users with the highest ADL ranking may have their winning positions partially or fully closed, depending on the size of the liquidated position, to cover the margin deficit of other Users. You can find your ADL ranking on the Platform. The ADL ranking is assigned by the Platform based on your leverage and the profit ratio of your positions.
20.1. The Platform and Site, including all content (including third-party Content), features, and any related services, are provided “As Is” and “As Available” at the User’s own risk, without any representations or warranties. We do not guarantee that all or any part of the Platform or App will be available to the User at any time.
20.2. Using the Platform, including downloading, installing, or using the Site and related third-party links (e.g., distribution platform providers, network providers, device manufacturers), carries risks, including in particular:
• disclosure of your Personal Data or other information, as well as the existence of your relationship with a Third-Party Service Provider, to third parties;
• system failures, restrictions related to security, unauthorized removal of restrictions on end-device usage, and other disruptions that may render use impossible;
• unauthorized use due to malware or unauthorized access, including in case of loss or theft of the User’s device used to access the Site or Platform.
You have also received, read, and understood any Risk Disclosure Statement and fully acknowledge the potential risks associated with accessing or using the Platform and trading via your Account.
20.3. We reserve the right to block or disable use of the Site on end devices if security features provided by the device’s operating system or manufacturer are modified at any time (e.g., the device has been “jailbroken”). Accordingly, we do not guarantee the functionality of the App on end devices that have been so modified, or on old devices no longer meeting technical requirements for using the Site or accessing the Platform.
20.4. ALL WARRANTIES, CONDITIONS, OR TERMS (express, implied, statutory, or otherwise), including, without limitation, those relating to quality, merchantability, fitness for a purpose, or uninterrupted, error-free access, are expressly excluded for the Site and Platform to the fullest extent permitted by law.
20.5. No representations or warranties, express or implied, are made regarding the accuracy or completeness of information provided on the Platform.
20.6. Each User acknowledges and accepts the risks arising from Internet transactions conducted through open systems accessible to anyone and acknowledges that, despite data encryption, the connection of the User’s PC or mobile device to the Platform via the Internet may be observable. We may also use servers and other computer equipment located in any jurisdiction worldwide to provide any part of the Platform.
20.7. We disclaim any liability for losses or damages caused by transmission errors, technical malfunctions, breakdowns, outages, or unlawful interference in the transmission network, IT systems/computers of the User, or any third party (including publicly accessible systems).
21.1. To the maximum extent permitted by applicable law, you hereby release, waive, and otherwise discharge us, our parent company, affiliates, subsidiaries, and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunications service providers, and agents (collectively, the “Released Parties”) from any and all claims, accounts, expenses, debts, causes of action, demands, and damages in any way arising out of the use of or activities related to the use of the Site, Platform, any Account, and any services or Third-Party Content provided through the Site, Platform, or any Account, including, without limitation, claims related to: negligence, gross negligence, willful interference with contractual or beneficial business relationships, defamation, privacy, advertising, misrepresentation, false identities, fraudulent acts by others, intrusion into privacy, disclosure of Personal Information, failed transactions, purchases or Platform functionality, unavailability of the Site, Platform, Third-Party Content, or any Account, their functions, and any other technical failures that may render the Site, Platform, Third-Party Content, or any Account unavailable, or any claim based on vicarious liability for torts committed by you encountered or interacted with through the Site, Platform, Third-Party Content, or any Account, including, without limitation, fraud, computer hacking, theft or improper use of Personal Information, assault, battery, harassment, rape, deception, perjury, manslaughter, or murder. The foregoing list is for illustrative purposes only and is not exhaustive of the types or categories of claims released hereunder. The Parties intend for this release to be interpreted broadly in our favor, and any ambiguity should be construed to provide the broadest release possible. This release is intended as a full release of claims, and the Parties acknowledge the legally binding nature of this provision and the rights waived herein.
22.1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Released Parties from any claims (including third-party claims), actions, losses, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, directly or indirectly arising from or related to your (or if under another person’s jurisdiction, including, without limitation, government authorities of such person) use, misuse, or inability to use the Site, Platform, any Account on the Platform, or any content, including Third-Party Content contained therein, or any content or information you provided to the Platform; or (ii) your breach of these Terms or any Third-Party Service Provider Terms, including those documents incorporated by reference into these Terms or Third-Party Service Provider Terms.
22.2. We will notify you by email, mail, or other reasonable means of any such claim or action and will reasonably cooperate (at your expense) in the defense of such claim or action. We reserve the right to participate in the defense of such claim or select our own legal counsel, but are not obligated to do so.
22.3. Under no circumstances and under no legal theory (tort, contract, strict liability, or otherwise) shall we or any of the indemnified parties be liable to you or any other person for any damages arising from the use, misuse, or inability to use the Platform, Site, Third-Party Content, or any Account, whether such damages are direct, indirect, special, incidental, or consequential of any kind, including trading losses, loss of information, business interruption, lost profits, lost savings, or lost opportunity. THE DATA OR LIABILITY FOR ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING FROM OR RELATED IN ANY WAY TO THE SITE, PLATFORM, THIRD-PARTY CONTENT, OR ANY ACCOUNT OR ANY CLAIM OR DEMAND OF ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR DEMANDS, SHALL APPLY ONLY TO THE EXTENT THAT THE ABOVE DISCLAIMERS AND LIMITATIONS ARE DEEMED INVALID OR INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
22.4. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY, REGARDLESS OF FORM OF ACTION AND DAMAGES INCURRED BY YOU, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE PLATFORM OR SITE, OR USD 10,000.
22.5. We shall not be liable for any failure to perform any obligations under these Terms due to events beyond our control, and the time provided for performance of such obligations shall be extended by the duration of such events. Events beyond our control include, without limitation, natural disasters, war, riots, arson, embargoes, civil commotion, strikes, labor disputes, equipment failures, bank insolvency, virtual currency market crashes or fluctuations, failures in credit or debit card processing, strikes, fire, flood, earthquake, hurricane, tropical storm, or other disasters or accidents, labor or material shortages, lack of transportation, facilities, fuel, energy, government regulations or restrictions, acts of civil or military authority, terrorism, fiber-optic outages, weather conditions, breaches or nonperformance by third parties, technical problems including hardware and software failures, telecommunications or information service infrastructure failures, hacking, spam, or failure of any computer, server, or software, vandalism, theft, telephone outages, power outages, Internet outages, viruses, and mechanical, energy, or communication failures.
23.1. Access to the Platform may be suspended or terminated, in whole or in part, at any time by the User or by us in accordance with the Terms. Additionally, we reserve the right, in our sole discretion, to immediately suspend or terminate access of any User to the Site and Platform or their use thereof without notice if they breach any provision of these Terms or otherwise under Section 23.2. Your access to the Platform will automatically terminate upon the termination of your Account. Sections 1, 2, 3, 6, 10–17, and 20–26, as well as any claims relating to breach of these Terms, shall survive such termination.
23.2. We may, at any time and at our discretion, limit, suspend, or terminate the Platform or an Account, or issue a warning to you regarding them, including terminating an Account (or certain functions, such as depositing, receiving, sending, and/or withdrawing Digital Assets), in particular if:
• we consider it necessary or desirable to protect the security of the Account;
• any transactions are made that we, in our sole discretion, consider:
a) in violation of this Agreement or security requirements of the Account; or
b) suspicious, unauthorized, or fraudulent, including, without limitation, related to money laundering, terrorism financing, fraud, or other illegal activity;
• we become aware or suspect that any Digital Assets or funds held in your Account may be associated with criminal proceeds or are otherwise not lawfully owned by you;
• in the event of insolvency, liquidation, cessation of operations, bankruptcy, administrative management, receivership, or dissolution of the User, or when we reasonably believe such a risk exists;
• we cannot verify or authenticate any information provided by you;
• we, in our sole discretion, believe your actions may result in legal liability for you, the Platform, or other Platform Users;
• we decide to cease operations or otherwise terminate any services or features provided by the Platform;
• there is a change in your circumstances (including deterioration or change in your financial position) that we, in our sole discretion, consider material for continuation of the Account;
• we act under the instruction of any government authority;
• otherwise required by applicable law;
• a disruptive market event occurs causing a trading halt; or
we otherwise determine it necessary, in our sole discretion, to suspend or terminate the Account, Platform, or Terms.
23.3. We are not obligated to inform you of the basis or reasons for any suspension, termination, or freezing of your Account or any Digital Assets in your Account, or other actions we take regarding the Site, Account, or Platform.
23.4. Neither the Company, the Platform, nor any third party acting on their behalf shall be liable to you for any suspension, limitation, or termination of your Account or access to any part of the Platform under this Agreement.
23.5. You must not attempt to regain access to the Platform if we have terminated your access, regardless of whether you use the same or another username, without our prior written consent.
23.6. If there is any pending transaction in the Account subject to termination, the Company may notify your counterparty of the proposed termination.
23.7. The Company maintains full custody of assets, funds, and user data/information, which may be provided to government authorities in the event of suspension or termination of your Account due to fraud investigations, law enforcement investigations, or violations of these Terms. We shall not be liable to you, your authorized representatives, or any third party for losses or damages caused by delays, transmission errors, technical failures, defects, breakdowns, or unlawful interference in the provided information or services, or any failures or delays in executing any orders or transactions using any Account. Similarly, we shall not be liable for losses or damages resulting from delays, technical failures, or interruptions in the availability of the Site, Platform, or any Account (including maintenance required by our systems).
24.1. Company records and system calculations regarding the Platform and any Account, including, without limitation, transaction history and balances in any of your Accounts, shall be final and binding on each User for all purposes. Each User agrees that such records are admissible as evidence and further agrees to waive any rights to challenge or dispute the admissibility, reliability, accuracy, or authenticity of such records solely because they were created or derived from a computer system or presented in electronic form.
25.1. These Terms, including the Privacy Policy and other policies incorporated herein, constitute the complete and exclusive agreement between you and the Company regarding the subject matter herein and supersede any prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral. If any provision of these Terms is found to be unlawful, invalid, or unenforceable for any reason, such provision shall be severable and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived, or modified except by the Company as provided herein. Neither these Terms nor any rights, obligations, or remedies hereunder may be assigned, transferred, delegated, or sublicensed by you except with our prior written consent, and any attempt to assign, transfer, delegate, or sublicense shall be void. No waiver by any party of any breach or default under these Terms shall constitute a waiver of any prior or subsequent breach or default. Any headings, captions, or section titles in these Terms are inserted for convenience only and in no way define or explain any section or provision of these Terms.
26.1. These Terms are governed by the laws of Singapore.
26.2. Any dispute arising out of or relating to these Terms or the Platform, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre in force at the time, which are deemed incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator. The language of arbitration shall be English. The seat of arbitration shall be Singapore. Any award is final and may be enforced in any court of competent jurisdiction. The Parties must properly and punctually perform their obligations under this Agreement pending the arbitration award.
27.1. You may contact the Company regarding these Terms, the Site, or the Platform using this form or by email at [email protected]