Terms and conditions
Bycryptr Terms of Use
Last revised: 18 January 2023
These Bycryptr Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and Bycryptr operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any Bycryptr Services (as defined below) provided by Bycryptr (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of Bycryptr Services.THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION.The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF Bycryptr SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF Bycryptr SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) Bycryptr SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Bycryptr Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Bycryptr or utilize Bycryptr services.
If you would like to know more about the risks associated with investing in or trading Digital Assets, you can access our General Risk Warning.
I. Definition
1. Bycryptr refers to an ecosystem comprising Bycryptr websites (whose domain names include but are not limited to Bycryptr’s website, mobile applications, clients, applets and other applications that are developed to offer Bycryptr Services, and includes independently-operated platforms, websites and clients within the ecosystem (e.g. Bycryptr’s Open Platform, Bycryptr Launchpad, Bycryptr Labs, Bycryptr Charity, Bycryptr DET, Bycryptr Investments, STOCKS, Trust Wallet, and fiat gateways). In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
2. Bycryptr Accounts refer to the foundational virtual accounts, including main accounts and sub accounts, which are opened by Bycryptr for Users to record on Bycryptr their usage of Bycryptr Services, transactions, asset changes and basic information. Bycryptr Accounts serve as the basis for Users to enjoy and exercise their rights on Bycryptr.
3. Bycryptr Fiat Account means the record of your fiat currencies’ balance (if any), which is enabled through an electronic money wallet (or similar account) service that is provided by a Fiat Partner.
4. Bycryptr Operators refer to all parties that run Bycryptr, including but not limited to legal persons (including Bycryptr UAB), unincorporated organizations and teams that provide Bycryptr Services and are responsible for such services. For convenience, unless otherwise stated, references to “Bycryptr” and “we” in these Terms specifically mean Bycryptr Operators. UNDER THESE TERMS, Bycryptr OPERATORS MAY CHANGE AS Bycryptr’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF Bycryptr OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW Bycryptr SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE Bycryptr SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED GALALXY OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
5. Bycryptr Services refer to various services provided to you by Bycryptr that are based on Internet and/or blockchain technologies and offered via Bycryptr websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Bycryptr Services include but are not limited to such Bycryptr ecosystem components as Digital Asset Trading Platforms, the financing sector, Bycryptr Labs, Bycryptr Academy, Bycryptr Charity, Bycryptr Info, Bycryptr Launchpad, Bycryptr Research, Bycryptr Chain, Bycryptr Investments, Bycryptr Fiat Gateway, existing services offered by Trust Wallet and novel services to be provided by Bycryptr.
6. Bycryptr Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Bycryptr, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
7. GUSD means Bycryptr USD, a US dollar denominated and backed stable coin managed Paxos Trust Company, LLC.
8. Collateral Accounts refer to special accounts opened by Users on Bycryptr to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the Bycryptr Contract Services Agreement and Bycryptr Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
9. Designated Stable coin means each of USD Coin (USDC), Pax Dollar (USDP), True USD (TUSD) and any other Digital Asset Bycryptr may designate as such from time to time, provided that Bycryptr may remove any Digital Asset from the scope of this definition at any time without prior notice.
10. Designated Stable coin Conversion means, in respect of each Designated Stable coin, the automatic conversion of that Designated Stable coin into BUSD upon deposit or transfer into your Bycryptr Account or the conversion of BUSD into that Designated Stable coin in connection with a w
11. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
12. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
13. Fiat Partner means any third party service provider, with which Bycryptr may partner in connection with any Fiat Services.
14. Fiat Services means: (a) crediting your Bycryptr Fiat Account with one or more fiat currencies either via a bank transfer, or with your debit card or credit card; (b) purchasing Digital Assets at spot prices with one or more fiat currencies by using either your Bycryptr Fiat Account balance, or your debit card or credit card; (c) selling Digital Assets at spot prices for fiat currencies and crediting the corresponding proceeds of sale either to your Bycryptr Fiat Account, or to your debit card or credit card; (d) withdrawing one or more fiat currencies from your Bycryptr Fiat Account either into your bank account, or to your debit card or credit card.
15. KYC refers to the “know-your-customer” process that Bycryptr has put in place before entering into a business relationship or conducting transactions with its Users. As part of this process, Bycryptr may do anything that it deems necessary in order to identify Users, verify their identity, scrutinize and investigate User transactions, or comply with any applicable law or regulation.
16. Loan/Lending refers to Bycryptr’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by Bycryptr.
17. Basic Trading means buying or selling supported Digital Assets and/or any supported fiat currency on the exchange for immediate settlement.
18. Users refer to all individuals, institutions or organizations that access, download or use Bycryptr or Bycryptr Services and who meet the criteria and conditions stipulated by Bycryptr. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
II. General Provisions
1. About These Terms a. Contractual Relationship These Terms constitute a legal agreement and create a binding contract between you and Bycryptr Operators. b. Supplementary Terms Due to the rapid development of Digital Currencies and Bycryptr, these Terms between you and Bycryptr Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore,THE PRIVACY POLICY (（）), BycryptrPLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND Bycryptr ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF BycryptrSERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS. c. Changes to These Terms Bycryptr reserves the right to change or modify these Terms in its discretion at any time. Bycryptr will notify such changes by updating the terms on its website and modifying the [Last revised] date displayed on this page.。ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF Bycryptr SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING Bycryptr SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF Bycryptr SERVICES. d. Prohibition of Use BY ACCESSING AND USING Bycryptr SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. Bycryptr RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF Bycryptr SERVICES IN CERTAIN COUNTRIES OR REGIONS. 2. About Bycryptr As an important part of the Bycryptr Ecosystem, Bycryptr mainly serves as a global online platform for Digital Assets trading, investing and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with Bycryptr, and deposit Digital Assets into their account prior to trading or Investing. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets. Although Bycryptr has been committed to maintaining the accuracy of the information provided through Bycryptr Services, Bycryptr cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Bycryptr be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Bycryptr Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Bycryptr does not provide investment or consulting advice of any kind,outside it’s jurisdiction and is not responsible for the use or interpretation of information on Bycryptr or any other communication medium. All Users of Bycryptr Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade or invest responsibly within their own capabilities. 3. Bycryptr Account Registration and Requirements a. Registration All Users must apply for a Bycryptr Account before using Bycryptr Services. When you register a Bycryptr Account, you must provide the information identified in this paragraph 3 or otherwise as requested by Bycryptr, and accept these Terms, the Privacy Policy, and other Bycryptr Platform Rules. Bycryptr may refuse, in its discretion, to open a Bycryptr Account for you. You agree to provide complete and accurate information when opening a Bycryptr Account, and agree to timely update any information you provide to Bycryptr to maintain the integrity and accuracy of the information. Each User (including natural person, business or legal entity) may maintain only one main account at any given time. However, Users can open one or more subaccounts under the main account with the consent of Bycryptr. For certain Bycryptr Services, you may be required to set up a specific account independent from your Bycryptr Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this Section and Section VI, unless otherwise stated in these Terms or the Supplementary Terms. b. Eligibility By registering to use a Bycryptr Account, you represent and warrant that: (i) as an individual, you are at least 16 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using the Bycryptr Platform or the Bycryptr Services; (iv) you do not have an existing Bycryptr Account; (v) you are not resident, located in or otherwise attempting to access the Bycryptr Platform or the Bycryptr Services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Restricted Location. For the purposes hereof, “Restricted Location” shall include Malaysia, Russia, and such other locations as designated by Bycryptr Operators from time to time as a “Restricted Location” for the purposes hereof; (vi) if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the Bycryptr Platform and Bycryptr Services on behalf of such legal entity; and (vii) your use of the Bycryptr Platform and the Bycryptr Services will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing. Please note that there are legal requirements in various countries which may restrict the products and services that Bycryptr Operators can lawfully provide. Accordingly, some products and services and certain functionality within the Bycryptr Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the Bycryptr Platform and the Bycryptr Services in each country from which the Bycryptr Platform and the Bycryptr Services are accessed by you or on your behalf. Bycryptr Operators reserve the right to change, modify or impose additional restrictions with respect to the access to and use of the Bycryptr Platform and/the Bycryptr Services from time to time at their discretion at any time without prior notification. c. User Identity Verification Your registration of an account with Bycryptr will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Bycryptr, or for other lawful purposes stated by Bycryptr. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate.AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, Bycryptr RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF Bycryptr SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO Bycryptr DURING YOUR USE OF Bycryptr SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE Bycryptr TO CONDUCT INVESTIGATIONS THAT Bycryptr CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR Bycryptr FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL. d. Account Usage Requirements The Bycryptr Account can only be used by the account registrant. Bycryptr reserves the right to suspend, freeze or cancel the use of Bycryptr Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Bycryptr immediately. Bycryptr assumes no liability for any loss or damage arising from the use of Bycryptr Account by you or any third party with or without your authorization. e. Account Security Bycryptr has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Bycryptr Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Bycryptr Account and personal information. You should be solely responsible for keeping safe of your Bycryptr Account and password, and be responsible for all the transactions under your Bycryptr Account. Bycryptr assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc. By creating a Bycryptr Account, you hereby agree that: you will notify Bycryptr immediately if you are aware of any unauthorized use of your Bycryptr Account and password or any other violation of security rules; you will strictly abide by all mechanisms or procedures of Bycryptr regarding security, authentication, trading, charging, and withdrawal; and you will take appropriate steps to logout from Bycryptr at the end of each visit.
III. Bycryptr Services
Upon completion of the registration and identity verification for your Bycryptr Account, you may use various Bycryptr Services, including but not limited to, Basic Trading, Fiat Services, Investment, contract trading, leveraged trading, Bycryptr Savings services, staking, acquiring market-related data, research and other information released by Bycryptr, participating in User activities held by Bycryptr, etc., in accordance with the provisions of these Terms (including Bycryptr Platform Rules and other individual agreements). Bycryptr has the right to: Provide, modify or terminate, in its discretion, any Bycryptr Services; and Allow or prohibit some Users’ use of any Bycryptr Services in accordance with relevant Bycryptr Platform Rules. Bycryptr has the exclusive authority to determine which Digital Assets are listed on the platform and may add or remove Digital Assets from the platform in its sole discretion, from time to time. Bycryptr may also change the order size available for each Digital Asset. In respect of such additions, removals, or amendments, Bycryptr may, but is not obliged to, notify Users in advance and Bycryptr shall have no liability to Users in connection with such additions, removals or amendments. 1. Service Usage Guidelines a. License Provided that you constantly comply with the express terms and conditions stated in these Terms, Bycryptr grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Bycryptr Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Bycryptr Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Bycryptr Services should be stipulated in the discretion of Bycryptr. Bycryptr reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Bycryptr Services in any way not expressly authorized by these Terms. These Terms only grant a limited license to access and use Bycryptr Services. Therefore, you hereby agree that when you use Bycryptr Services, Bycryptr does not transfer Bycryptr Services or the ownership or intellectual property rights of any Bycryptr intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Bycryptr Services, are exclusively owned, controlled and/or licensed by Bycryptr Operators or its members, parent companies, licensors or affiliates. Bycryptr owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Bycryptr or Bycryptr Services that you provide through email, Bycryptr Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Bycryptr. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback. b. Restriction When you use Bycryptr Services, you agree and undertake to comply with the following provisions: During the use of Bycryptr Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Bycryptr; Your use of Bycryptr Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Bycryptr Services; Without written consent from Bycryptr, the following commercial uses of Bycryptr data are prohibited: 1) Trading services that make use of Bycryptr quotes or market bulletin board information. 2) Data feeding or streaming services that make use of any market data of Bycryptr. 3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Bycryptr. Without prior written consent from Bycryptr, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties. You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Bycryptr Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Bycryptr Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Bycryptr Services or any Bycryptr servers or any other systems or networks of any Bycryptr Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Bycryptr Services or any network connected to the properties, or violate any security or authentication measures on Bycryptr Services or any network connected to Bycryptr Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of Bycryptr Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Bycryptr Services or Bycryptr, or the infrastructure of any systems or networks connected to Bycryptr services; (vi) use any devices, software or routine programs to interfere with the normal operation of Bycryptr Services or any transactions on Bycryptr Services, or any other person’s use of Bycryptr Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Bycryptr, or (viii) use Bycryptr Services in an illegal way. By accessing Bycryptr Services, you agree that Bycryptr has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to: Blocking and closing order requests; Freezing your account; Reporting the incident to the authorities; Publishing the alleged violations and actions that have been taken; Deleting any information you published that are found to be violations. 2. Basic Trading By making use of Basic Trading, you acknowledge and agree that you have read, understood and accepted the Basic Trading Terms of Use, which shall apply to all Basic Trading (as such term is defined in the Basic Trading Terms of Use). 3. Fiat Services 3.1 By accepting these Terms, you acknowledge and agree that: you have read, accepted and will comply with these Terms, the Legal Statement, the Privacy Policy, and any other Bycryptr Platform Rules related to Fiat Services; Bycryptr may partner with any Fiat Partners and that, if applicable, you will open an account with such Fiat Partners by completing the relevant registration and identity verification for such account, and by accepting any user agreements, terms and conditions, policies and procedures or similar documents of any Fiat Partners; any payments expressed in any fiat currencies and which have been made in connection with any Fiat Services may not be canceled, recalled or refunded, and that any charge back requests in connection with any Fiat Services that involve a Fiat Partner, are subject to that Fiat Partner's policies and procedures. 3.2 If: (a) you are resident or located in an EEA jurisdiction or in the United Kingdom, then all Fiat Services will be provided to you by Coinbase; or (b) you use any Fiat Services, which involve a debit card or credit card, then (regardless of your residence or location) such the Fiat Services will be provided to you by any of the provided options on the Buy Crypto option, and in each case you will be required to read, accept and comply with the Terms of Use and Privacy Policy of providers of the fiat services. Coinbase is a US-based cryptocurrency exchange platform that allows users to buy, sell, and store cryptocurrencies such as Bitcoin, Ethereum, and others. It was founded in 2012 and is considered one of the largest and most reputable exchanges in the world. The platform is easy to use and offers features such as a mobile app, insurance coverage for stored funds, and support for multiple payment methods. Coinbase also offers trading services for professional traders, institutional investors, and high-volume traders. 4. Futures Trading Unless otherwise specified by Bycryptr, to conduct Futures Trading, you must conclude with Bycryptr a separate Bycryptr Futures Service Agreement and open a special Collateral Account, following the completion of registration and identity verification for your Bycryptr Account. You acknowledge and agree that: a. You fully understand the high risks of Futures Trading, including but not limited to the risk of major fluctuations of Digital Assets in Futures Trading, and the risk of exacerbated adverse outcome when leverage is used; b. You have sufficient investment knowledge and experience and the capacity to take risks arising from Futures Trading, and agree to independently assume all the risks arising from the investment of Futures Trading; c. Before performing Futures Trading, you have read and understood all the contents of the Bycryptr Futures Service Agreement and the relevant Bycryptr Platform Rules, and have consulted relevant professionals to make informed decisions on whether and how to complete Futures Trading according to their recommendations and your own reasonable judgment; d. You agree and authorize Bycryptr to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the Bycryptr Futures Service Agreement and the relevant Bycryptr Platform Rules to protect the legitimate interests of you, Bycryptr and other Users. 5.Stock Trading Before entering into transactions in Stock products through Bycryptr (“Stock Trading”), you acknowledge and agree that: a. You fully understand the high risks of Stock Trading, including but not limited to the risk of major fluctuations of Digital Assets in Stock Trading, and the risk of exacerbated adverse outcome when leverage is used; b. You have sufficient investment knowledge and experience and the capacity to take risks arising from Stock Trading, and agree to independently assume all the risks arising from the investment of Stock Trading; c. Before performing Stock Trading, you have read and understood, and agree to be bound by the terms of, the Bycryptr Stock Service Agreement and all relevant Bycryptr Platform Rules, which shall supplement these Terms of Use, and have consulted relevant professionals to make informed decisions on whether and how to complete Stock Trading according to their recommendations and your own reasonable judgment; d. You agree and authorize Bycryptr to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the Bycryptr Options Service Agreement and all relevant Bycryptr Platform Rules to protect the legitimate interests of you, Bycryptr and other Users. 6. Mortage services By making use of the Mortage services, you acknowledge and agree that you have read, understood and accepted the “Mortage services Terms of Use”, which shall apply to all Mortage services (as such term is defined in the Mortage services Terms of Use). 7. Lending Services Unless otherwise provided by Bycryptr, to borrow currencies, you must conclude with Bycryptr a separate Lending Services User Agreement and open a special Collateral Account and/or finish other relevant procedures, following the completion of registration and identity verification for your Bycryptr Account. You understand and agree that: a. There are considerable risks involved in Lending Services, which include without limitation to risks of fluctuation of the borrowed Digital Assets’ value, derivative risks and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using Lending Services, and you shall be responsible for all losses arising therefrom; b. you shall cooperate to provide the information and materials related to identity verification and Lending Services as required by Bycryptr, and be solely responsible for taking necessary security measures to protect the security of your Collateral Account and personal information; c. you shall carefully read relevant Bycryptr Platform Rules before using Lending Services, and be aware of, understand and observe the specific information and rules regarding the operations of Lending Services, and you undertake that the use of the assets borrowed shall conform to requirements of these Terms and related laws and regulations; d. Bycryptr has the full right to manage your Collateral Account and collateral during the period in which Lending Services are offered, and reserves the right, under the circumstances specified in the Lending Services User Agreement or these Terms, to implement various risk control measures, which include but are not limited to forced liquidation. Such steps may cause major losses to you and you shall be solely responsible for the outcomes of such measures; e. Bycryptr has the right to temporarily or permanently prohibit you from using Lending Services when it deems it necessary or reasonable, and to the maximum extent permitted by law, without liability of any kind to you. 8. Bycryptr Savings Service Bycryptr offers Bycryptr Savings, a service to provide Users with value-added services for their idle Digital Assets. To use Bycryptr Savings service, you must conclude with Bycryptr a separate Bycryptr Savings Service User Agreement and open a special Bycryptr Savings service account, following the completion of registration and identity verification for your Bycryptr Account. When using Bycryptr Savings service, you should note that: a. Bycryptr Savings assets will be used in cryptocurrency leveraged borrowing and other businesses. b. When you use Bycryptr Savings service, you will unconditionally authorize Bycryptr to distribute and grant the leveraged interest according to Bycryptr Platform Rules. c. You shall abide by relevant laws and regulations to ensure that the sources of Digital Assets are legitimate and compliant when using Bycryptr Savings service. d. When you use Bycryptr Savings service, you should fully recognize the risks of investing in Digital Assets and operate cautiously. e. You agree that all investment operations conducted on Bycryptr represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions. f. Bycryptr reserves the right to suspend or terminate Bycryptr Savings service. If necessary, Bycryptr can suspend and terminate Bycryptr Savings service at any time. g. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension, termination or deviation of execution of Bycryptr Savings service, Bycryptr will use reasonable effort to ensure but not promise that Bycryptr Savings service execution system runs stably and effectively. Bycryptr does not take any responsibility if the final execution fails to match your expectations due to the above factors. We offer a bonus to compensate for any considerable damage or inconvenience we are responsible for the outcome. 9. Staking Programs Bycryptr will from time to time launch Staking Programs for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their Bycryptr Accounts. When participating in Staking Programs, you should note that: a. Unless otherwise stipulated by Bycryptr, Staking Programs are free of charge and Users may trade during the staking period; b. Bycryptr does not guarantee Users’ proceeds under any Staking Program; c. Bycryptr has the right to initiate or terminate Staking Program for any Digital Currencies or modify rules on such programs in its sole discretion; d. Users shall ensure that sources of the Digital Currencies they hold in Bycryptr Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, Bycryptr has the right to take necessary steps in accordance with these Terms or Bycryptr Platform Rules, including, without limitation, freezing Bycryptr Accounts or deducting the Digital Currencies awarded to Users who violate the rules of respective Staking Programs. 10. Bycryptr POS Service Agreement a. Bycryptr’s POS service for Bycryptr users to gain proceeds through idle cryptocurrency assets. b. Bycryptr POS assets will be used in cryptocurrency staking to gain proceeds and other businesses. c. When you use Bycryptr POS service, you will unconditionally authorize Bycryptr.com to distribute the staking interest according to the rules of the platform. d. You shall abide by the relevant laws of the State to ensure that the sources of assets are legitimate and compliant when using Bycryptr POS service. e. When you use Bycryptr POS service, you should fully recognize the risks of investment in cryptocurrency and operate cautiously. f. You agree that all investment operations conducted on Bycryptr.com represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions. g. Bycryptr.com reserves the right to suspend or terminate Bycryptr POS service. If necessary, Bycryptr.com can suspend and terminate Bycryptr POS service at any time. h. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of Bycryptr POS service execution, Bycryptr.com will use commercially reasonable effort to ensure but not promise that Bycryptr POS service execution system run stably and effectively. Bycryptr.com does not take any responsibility if the final execution doesn’t match your expectations due to the above factors. 11. Bycryptr Convert Services a. Upon completion of the registration and identity verification for your Bycryptr Account, you may be able to make use of the Bycryptr Convert services, which enable Users to buy and sell Digital Assets based on prices provided by Bycryptr (the “Bycryptr Convert Services”). Pursuant to the Bycryptr Convert Services, Users may provide Bycryptr with a request to convert one Digital Asset into another Digital Asset or a particular Fiat currency into a Digital Asset (or vice versa), as applicable, based on supported trading pairs as available on the Platform (a “Conversion”), which Bycryptr may, in its sole discretion, elect to accept or reject. If accepted, a transaction will be entered into between Bycryptr and the User subject to the terms as set out in the remainder of this Clause. b. To request a Conversion between a supported trading pair through the Platform, Users may place (i) a market order, by specifying the type and amount of the Digital Asset or fiat currency (each an "Asset") to be converted and the type of the Asset to be received pursuant to such Conversion (a “Convert Market Order”); and/or (ii) a limit order, by specifying the type and amount of the Asset to be converted and the type of Asset to be received pursuant to such Conversion, the limit price at which such Conversion is to take place and the date upon which the limit order is to expire (a “Convert Limit Order”). For the purposes of the Bycryptr Convert Services reference to “Platform” shall be to the digital platform made accessible via any website, page, feature, or content owned or operated by Bycryptr, any mobile application developed or provided by Bycryptr or any Bycryptr API Connection (as defined below) made available to Users or third-party applications relying on such Bycryptr API Connection or by such other means as Bycryptr may prescribe from time to time for the use of Bycryptr Convert Services. c. If a User places a Convert Market Order, Bycryptr may (but is not obliged to) provide a non-binding, indicative and discretionary quote for the conversion (a “Convert Quote”), which the User may accept or decline within such period of time as Bycryptr may in its sole discretion specify. It is the User’s responsibility to check the competitiveness of the price and decide whether to accept the Convert Quote or not within the specified time. User’s acceptance of the Convert Quote will result in the submission of a trade request to Bycryptr for Bycryptr to process the requested Conversion at the price provided in the Convert Quote (the “User Trade Request”). Submission of a User Trade Request authorizes Bycryptr to temporarily lock the requisite amount of the User’s Assets that are to be converted until the Conversion is completed (subject to Bycryptr’s right to reject any such User Trade Request as detailed further below). d. User’s acceptance of a Convert Quote and submission of a User Trade Request does not obligate Bycryptr to process the requested Conversion on behalf of the User. Bycryptr may either accept or reject the User Trade Request at its sole discretion, depending on market conditions and other factors at the relevant time. e. If Bycryptr accept a User Trade Request, Bycryptr will guarantee the price of the requested Conversion (regardless of any price movement since the Convert Quote was provided) as well as the amounts of the relevant Assets that are to be Converted and provided to User pursuant to such Conversion. Bycryptr will settle the requested Conversion accordingly by debiting the User’s Bycryptr Account of the agreed amount of Assets to be converted and crediting the User’s Bycryptr Account with the agreed amount of Assets to be received pursuant to such Conversion. In most cases, the settlement process will complete within 10 seconds from the acceptance by Bycryptr of the relevant User Trade Request, however Bycryptr does not guarantee the settlement of the Conversion within this timeframe and in some instances the settlement process may take several hours or even longer, depending on various factors, including, without limitation, market conditions, technical issues, etc. Once a User Trade Request has been accepted by Bycryptr, , the User will not be permitted to cancel the requested Conversion or to transfer, withdraw, or otherwise trade the Assets that are the subject of such Conversion. Bycryptr shall not be held responsible for potential loss or opportunity cost in connection with any price change of the Asset subject to the Conversion during this settlement period. f. In respect of Convert Limit Orders, Bycryptr may accept or reject any Convert Limit Order in its sole discretion. If Bycryptr accepts a Convert Limit Order, Bycryptr does not guarantee that such Convert Limit Order will be filled , even if the market price of the relevant Asset subject to the Conversion hits or crosses the limit price set by the User pursuant to such Convert Limit Order. This is due to the fact that Convert Limit Orders are executed subject to market conditions and liquidity. Bycryptr shall not be held responsible for any potential loss or opportunity cost due to the failure to execute any Convert Limit Order in such case. If any Convert Market Order is executed, the provisions detailed in sub-clause (e) above with respect to the settlement of the relevant Conversion shall apply. g. Bycryptr has the exclusive authority to determine which Assets are listed on the Platform and are available for the purposes of any Conversion and may add or remove Assets and/or particular trading pairs from the Platform in its sole discretion, from time to time without prior notice. Bycryptr may also change the order size available for a Conversion with respect to a particular Asset. In respect of any such additions, removals, or changes, Bycryptr may, but is not obliged to, notify Users in advance and Bycryptr shall have no liability to Users in connection with such additions, removals or changes. h. It is recommended that Users conduct independent research into different Digital Assets prior to using Bycryptr Convert Services and that Users take steps to ensure they understand the risks associated with the trading of Digital Assets. Users bear full responsibility for ensuring that the Bycryptr Convert Services are suitable for them, taking into account their own financial objectives and circumstances, and shall be solely responsible for any profit or loss sustained in connection with their use of the Bycryptr Convert Services. Bycryptr does not make any representation of guarantee as to the outcome to be received by the trading of Digital Assets whether pursuant to the Bycryptr Convert Services or otherwise. If a User is accessing the Bycryptr Convert Services pursuant to an API connection provided to the User by Bycryptr (a “Bycryptr API Connection”), the User acknowledges and agrees as follows: Bycryptr does not currently support the submission of Convert Limit Orders through any Bycryptr API Connection. Accordingly, a Bycryptr API Connection may only be used for the purposes of submitting Convert Market Orders; Bycryptr may change the endpoints of any Bycryptr API Connection from time to time and/or may change the settings of any Bycryptr API Connection, including to impose any particular trading limits and/or minimum order amounts with respect to specific Users, in each case at any time for any reason in its sole discretion and shall not be obliged to provide any prior notice to User of any such change; Bycryptr may restrict or terminate a Bycryptr API Connection at any time for any reason in its sole discretion, for example, including (but not limited to) where Bycryptr suspects that the User is using the Bycryptr API Connection for the purposes of price arbitrage, market manipulation or is otherwise exploiting pricing provided by Bycryptr via the Binace API Connection for the purposes of gaining a market advantage, and Bycryptr is not obliged to provide any prior notice to User of any such restriction or termination or any reason therefor; a Bycryptr API Connection is provided “as is” and is used by a User entirely at its own risk. Bycryptr shall not be liable for any error, malfunction, or unavailability of any Bycryptr API Connection or any losses incurred by a User or any third party in connection with the use of (or inability to use) any Bycryptr API Connection; and if User is redistributing any prices provided by Bycryptr through a Bycryptr API Connection, whether in relation to the Bycryptr Convert Services or otherwise, Bycryptr shall not be a party to, nor have any obligation with respect to, any transaction entered into by the User with any third party (including any customer of the User) on the basis of a price provided by Bycryptr. User shall be solely responsible for its transactions and relationships with third parties (including its own customers), including without limitation any obligations or duties arising under applicable law or regulation. To the extent that User applies any mark-up or spread to prices received from Bycryptr for the purposes of trading with its own customers, User shall be solely responsible for determining the amount of and appropriateness of any such mark-up or spread and Bycryptr shall have no involvement with, or liability in relation to, any such decision or other decision regarding transactions between the User and any customer of User or other third party. Unless otherwise agreed by Bycryptr in writing, User shall not identify Bycryptr as the source of any prices provided to User to any third party (including User’s own customers) nor use the name “Bycryptr” or any logo or symbol of Bycryptr in its own marketing, communications with third parties, websites or for any other purpose. 12. Bycryptr Leveraged Tokens Before transacting in Bycryptr Leveraged Tokens, you acknowledge and agree that you have read, understood and accepted each of the Bycryptr Leveraged Tokens Risk Disclosure Statement and the Bycryptr Leveraged Tokens Agreement, which shall apply to all subscriptions to, redemptions of and transactions in Bycryptr Leveraged Tokens (as such term is defined in the Bycryptr Leveraged Tokens Agreement). 13. BUSD Conversion A. Deposits Unless you opt out of the Designated Stablecoin Conversion, when you deposit or receive a Designated Stablecoin into your Bycryptr Account, the amount received will automatically be converted into an equivalent amount of BUSD at a rate of 1 to 1. B. Withdrawals Unless you have opted out of the Designated Stablecoin Conversion, if you have a balance in your Bycryptr Account denominated in BUSD, you may give Instructions to withdraw such balance from your Bycryptr Account either in BUSD or in any of the Designated Stablecoins. Where you choose to withdraw a Designated Stablecoin, you will receive an amount equal to your balance in BUSD, converted into the relevant Designated Stablecoin at a rate of 1 to 1, minus any applicable withdrawal and transaction fees. C. Exceptions Bycryptr reserves the right to suspend or terminate the Designated Stablecoin Conversion for any or all Designated Stablecoins at any time without prior notice. Where necessary due to market conditions affecting one or more Designated Stablecoins, Bycryptr may adjust the conversion rate used for the Designated Stablecoin Conversion. 14. Bycryptr OTC If agreed with Bycryptr, you may be permitted to receive certain over-the-counter (OTC) services with respect to bilateral transactions in Digital Assets, which services shall be subject to the Bycryptr OTC Terms. You agree to be bound by the Bycryptr OTC Terms with respect to all OTC Services provided to you through Agreed Communication Channels (as each term is defined in the Bycryptr OTC Terms). INVESTMENTS Purpose: The purpose of investing is to grow your capital over time by allocating funds into various financial instruments with the expectation of earning returns. Risks: Investing always involves a degree of risk, including the possibility of losing some or all of your invested capital. You should thoroughly understand the risks involved before making any investment decisions. Diversification: Diversifying your investments across different asset classes and geographies can help to minimize risk and maximize returns. It is recommended to not put all your eggs in one basket. Research: Conduct thorough research on the investment opportunities you are considering and keep yourself informed of market conditions and any news that may affect your investments. Monitoring: Regularly monitor the performance of your investments and adjust your strategy as necessary. Long-term perspective: Investing is a long-term strategy, and it is important to have patience and maintain a long-term perspective. Tax implications: Be aware of any tax implications of your investments, as these can have a significant impact on your returns.
IV. Liabilities
1. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Bycryptr SERVICES, Bycryptr MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Bycryptr ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Bycryptr EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, Bycryptr DOES NOT REPRESENT OR WARRANT THAT THE SITE, Bycryptr SERVICES OR Bycryptr MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bycryptr DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF Bycryptr SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT Bycryptr WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY Bycryptr AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY Bycryptr; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY Bycryptr. THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE. 2. Disclaimer of Damages and Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Bycryptr, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF Bycryptr SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF Bycryptr SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Bycryptr AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF Bycryptr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF Bycryptr’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF Bycryptr, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF Bycryptr AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF Bycryptr SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO Bycryptr UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. 3. Indemnification You agree to indemnify and hold harmless Bycryptr Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Bycryptr Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Bycryptr Services. If you are obligated to indemnify Bycryptr Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Bycryptr will have the right, in its sole discretion, to control any action or proceeding and to determine whether Bycryptr wishes to settle, and if so, on what terms.
V. Announcements
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed or sent via mail. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. Bycryptr WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
VI. Termination of Agreement
1. Suspension of Bycryptr Accounts You agree that Bycryptr shall have the right to immediately suspend your Bycryptr Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to Bycryptr for any reason including if Bycryptr suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Bycryptr shall not be liable to you for any permanent or temporary modification of your Bycryptr Account, or suspension or termination of your access to all or any portion of Bycryptr Services. Bycryptr shall reserve the right to keep and use the transaction data or other information related to such Bycryptr Accounts. The above account controls may also be applied in the following cases: The Bycryptr Account is subject to a governmental proceeding, criminal investigation or other pending litigation; We detect unusual activities in the Bycryptr Account; We detect unauthorized access to the Bycryptr Account; We are required to do so by a court order or command by a regulatory/government authority. 2. Cancellation of Bycryptr Accounts In case of any of the following events, Bycryptr shall have the right to directly terminate these Terms by cancelling your Bycryptr Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Bycryptr Account on Bycryptr and withdraw the corresponding Bycryptr Account thereof: after Bycryptr terminates services to you; you allegedly register or register in any other person’s name as a Bycryptr User again, directly or indirectly; the information that you have provided is untruthful, inaccurate, outdated or incomplete; when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Bycryptr Account or by other means; you request that Bycryptr Services be terminated; and any other circumstances where Bycryptr deems it should terminate Bycryptr Services. Should your Bycryptr Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Bycryptr shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above. If Bycryptr is informed that any Digital Assets or funds held in your Bycryptr Account are stolen or otherwise are not lawfully possessed by you, Bycryptr may, but has no obligation to, place an administrative hold on the affected funds and your Bycryptr Account. If Bycryptr does lay down an administrative hold on some or all of your funds or Bycryptr Account, Bycryptr may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Bycryptr has been provided to Bycryptr in a form acceptable to Bycryptr. Bycryptr will not involve itself in any such dispute or the resolution of the dispute. You agree that Bycryptr 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. 3. Remaining Funds After Bycryptr Account Termination Except as set forth in paragraph 4 below, once a Bycryptr Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Bycryptr) will be payable immediately to Bycryptr. Upon payment of all outstanding charges to Bycryptr (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account. 4. Remaining Funds After Bycryptr Account Termination Due to Fraud, Violation of Law, or Violation of These Terms Bycryptr maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Bycryptr Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms. 5. Dormant Accounts Notwithstanding any provision of this Section VI, Bycryptr may provide a written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your Bycryptr Account within 30 days of the notice. In the event that you fail to do so, Bycryptr may in its absolute discretion and without prior notice to you: (a) deem your Bycryptr account as a dormant account; (b) close any open positions in any Bycryptr products; (c) convert the Digital Assets to a different type of Digital Asset (e.g., from BTC to BUSD). For the avoidance of doubt, none of the Bycryptr Operators shall be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion; (d) transfer such dormant account (including any Digital Assets contained therein) to an affiliate of the Bycryptr Operators, any third-party custodian or an isolated wallet where it is deemed reasonably necessary by Bycryptr to do so. In the event that such transfer has taken place, you have the right to retrieve your digital assets from subject to satisfying Bycryptr’s verification requirements, including completing KYC; (e) charge a dormant account fee to cover the cost of maintaining the assets by the Bycryptr Operators, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis; and (f) close a dormant account at any time, and Bycryptr will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by Bycryptr. Any assets in these dormant accounts will be transferred in accordance to paragraph 5(d) above. After a dormant account is closed, it cannot be reactivated by you (i.e. you will need to register a new Bycryptr account if you wish to continue to use Bycryptr Services).
VII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of Bycryptr Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.ALL USERS OF Bycryptr SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT Bycryptr WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Bycryptr maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
VIII. Privacy Policy
Access to Bycryptr Services will require the submission of certain personally identifiable information. Please review Bycryptr’s Privacy Policy at www.Bycryptr.com/en/privacy for a summary of Bycryptr’s guidelines regarding the collection and use of personally identifiable information.
IX. Resolving Disputes: Forum, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION. 1. Notice of Claim and Dispute Resolution Period. Please contact Bycryptr first! Bycryptr wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Bycryptr, then you should contact Bycryptr and a ticket number will be assigned. Bycryptr will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding). In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Bycryptr, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Bycryptr. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Bycryptr account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Bycryptr. After you have provided the Notice of Claim to Bycryptr, the dispute referenced in the Notice of Claim may be submitted by either Bycryptr or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Bycryptr for resolution internally and the delivery of a Notice of Claim to Bycryptr are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Bycryptr shall not be disclosed to the arbitrator. 2. Agreement to Arbitrate and Governing Law. You and Bycryptr Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and Bycryptr (and/or Bycryptr Operators) arising in connection with or relating in any way to these Terms or to your relationship with Bycryptr (and/or Bycryptr Operators) as a user of Bycryptr Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and Bycryptr Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC. Rules) in force when the Notice of Arbitration is submitted, as modified by this Section X. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST Bycryptr OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the HKIAC in accordance with the HKIAC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Bycryptr is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Hong Kong. Place of Hearing: The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Hong Kong. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms. 3. Class Action Waiver. You and Bycryptr agree that any claims relating to these Terms or to your relationship with Bycryptr as a user of Bycryptr Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Bycryptr further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Bycryptr. 4. Modifications. Bycryptr reserves the right to update, modify, revise, suspend, or make any future changes to Section X regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your Bycryptr account shall be deemed to be your acceptance of any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section X, Bycryptr may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account. 5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
X. Miscellaneous
1. Independent Parties. Bycryptr is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties. 2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Bycryptr Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein. 3. Interpretation and Revision. Bycryptr reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Bycryptr websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Bycryptr Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Bycryptr will not be responsible for any modification or termination of Bycryptr Services by you or any third party, or suspension or termination of your access to Bycryptr Services. 4. Language & Translations: These Terms may, at Bycryptr’s sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text. 5. Force Majeure. Bycryptr will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Bycryptr’s reasonable control. 6. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible. 7. Assignment. You may not assign or transfer any right to use Bycryptr Services or any of your rights or obligations under these Terms without prior written consent from Bycryptr, including any right or obligation related to the enforcement of laws or the change of control. Bycryptr may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval. 8. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself. 9. Third-Party Website Disclaimer. Any links to third-party websites from Bycryptr Services does not imply endorsement by Bycryptr of any product, service, information or disclaimer presented therein, nor does Bycryptr guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Bycryptr will not be liable for such loss. In addition, since Bycryptr has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully. 10. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through Bycryptr Services, such activities and programs are provided by Bycryptr and are not associated with Apple Inc. in any manner. 11. Contact Information. For more information on Bycryptr, you may refer to the company and license information found on Bycryptr websites. If you have questions regarding these Terms, please feel free to contact Bycryptr for clarification via our Customer Support team at www.Bycryptr.com/en/support/requests/new.