EFFECTIVE DATE: December 24, 2024

 

These Terms of Use (the “Terms” or this “Agreement”) govern the use of the digital asset trading facility, including any website or mobile application (the “App”, together with the website, the “Site”) for accessing the platform, and any services provided through the platform (collectively, the “Platform”) provided by Bybit Limited trading as Bybit Kazakhstan (the “Company”, “we”, “us” or “our”). The Terms form a binding agreement between the Company and you, as a user (“you”, “your” or “User”) for your usage of the App and Platform. By registering for and downloading the App and using the Platform, you confirm your acceptance of this Agreement and our associated Privacy Policy. If you do not agree to these Terms, you must immediately uninstall the App and cease using the App and the Platform. You should be aware and accept that the risk of loss in trading or holding Digital Assets can be substantial and should therefore carefully consider whether trading or holding Digital Assets is suitable for you in light of your financial condition and personal circumstances.

 

Disclaimer: No material or any other information which may be made available on the Site or Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation to enter into any transaction with or purchase any product, or otherwise deal with Digital Assets. You further understand that none of the information providers, are advising you personally concerning the nature, potential, value or suitability of any particular Digital Asset, portfolio of Digital Assets, transaction, investment strategy or other matter, and any information provided is not tailored to the investment needs of any specific person. You understand that an investment in any Digital Asset is subject to a number of risks, and that discussions of any Digital Asset published on the Site or Platform may not contain a list or description of relevant risk factors. Please note that markets change continuously, so any information, content, Third-Party Content (as defined below) or other material provided on or through the Site or Platform may not be complete or current, or may be superseded by more current information.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 of an offer to buy, or a recommendation for any Digital Asset by the Company. You alone are solely responsible for determining whether any investment, Digital Asset or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

1. Definitions

1.1 Unless otherwise defined or the context otherwise requires, all capitalized terms shall have the meaning given to them in these Terms:

1. “Account” means the account established by a User that has downloaded the App or accessed the Site and registered with the Company to use the Site and the Platform.

2. “AIFC” means the Astana International Financial Centre.

3. “App” means the mobile application provided by the Company to access the Platform.

4. “Applicable Law” means the laws, regulations and rules of AIFC.

5. “Authorized Individual” means any person that is authorized to access and use the Site (including the App) and Platform on behalf of a User.

6. “Biometric Authentication” means the identity authentication function using biometric credentials including fingerprint, facial recognition or any other biometric data, as we may permit from time to time.

7. “Business Day” means a day (other than a Saturday or a Sunday) on which banks in AIFC are authorised to open for normal banking business, provided that where, as a result of any natural disaster or similar event, the period during which banks in AIFC are open on any day are reduced, such day shall not be a Business Day.

8. “Digital Asset” means a digital representation of value that (1) can be digitally traded and functions as (a) a medium of exchange; or (b) a unit of account; or (c) a store of value; (2) can be exchanged back-and-forth for Fiat Currency, but is neither issued nor guaranteed by the government of any jurisdiction, and (3) fulfils the above functions only by agreement within the community of users of the Digital Asset; and accordingly (4) is to be distinguished from Fiat Currency and E-money.

9. “Digital Platforms” means third-party distribution platforms where mobile applications or other software programs can be accessed or downloaded, including, but not limited to, the Apple App Store and Google Play.

10. “E-money” means a digital representation of Fiat Currency used to electronically transfer value denominated in Fiat Currency.

11. “Fiat Currency” means currency which is issued by or on behalf of the government in its country (or countries) of issuance, and which is designated as legal tender in that or those countries through government decree, regulation or law.

12. “Governmental Authority” means any nation or government or any province or state or any other political subdivision thereof, or any entity, authority or body exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, any court, tribunal or arbitrator, and any self-regulatory organization.

13. “Material” means any offering material, term sheet, market data, research report, product or service documentation or any other information provided through the Platform.

14. “Personal Data” refers to information supplied by a User from which the identity of such User may be directly or indirectly ascertained.

15. “Privacy Policy” means the additional terms and conditions governing the collection, use and disclosure of each User’s Personal Data, as set out hereunder. Each User must read and agree to the Privacy Policy in order to use the App or the Site

16. “Service Notifications” are one-way notifications from the Company (which may include security-related notifications) via text message or emails and, where applicable, push notifications through the Site. These notifications are sent to the User in respect of certain information or events relating to an account to which an User has access through the Platform.

17. “Undertaking” means (a) any body corporate, including a limited liability partnership and a body corporate constituted under the law of a country or territory outside the AIFC; or (b) any partnership, including a partnership constituted under the law of a jurisdiction other than the AIFC, but not including a limited liability partnership; or (c) an unincorporated association carrying on a trade or business, with or without a view to profit.

18. “User” means any person that has registered with the Company to use the Site and access the Platform and any Authorized Individual acting on their behalf.

19. “User Identification Policy” means the know-your-client policy and procedures adopted by the Company from time to time regarding the User’s access to the Platform.

20. “User Credentials” means the set of user identification, password, personal identification number, token and any other information or device provided to a User to access the Platform.

2. Posting, Application and Amendment

2.1 The Company should post these Terms of Use, the Privacy Policy and any other documents governing the terms and conditions for the use of the Platform, on the initial landing page used to access the Platform, in order to allow the Terms of Use, Privacy Policy to be available and easily accessible to Users, via the Site.

 

2.2 We reserve the right at any time to, subject to Applicable Law: 

(a) modify, update or change the terms and conditions of this Agreement or our Privacy Policy;

(b) modify, update, or change the Site and Platform, including eliminating or discontinuing any content or feature of the Site or Platform; or

(c) modify, update, or change the fees, charges or other conditions for use of the Platform or parts thereof (all of the foregoing referred to as “Changes”).

 

2.3 We shall notify the Users of any Changes by posting a general notification through the Platform on the Site or following such other method as reasonably determined by the Company. In posting the notification, we shall state the applicable date and the Changes shall take effect within such reasonable timeline following the posting of such notification. However, where the Changes, as in the reasonable opinion of the Company, cause material impact to Users or substantially affect the Platform or no applicable date is stated; then such Changes shall take effect 30 Business Days following the posting of such notification (“Effective Date of Change”). The revised Terms of Use, Privacy Policy (with the revised “Last Updated” date at the top of the applicable document) will be posted on/through the Platform.

 

2.4 If a User does not agree to any proposed Changes, the User may express his/her/its objection before the Effective Date of Change and terminate the use of the Platform. Users who do not raise any opposition to any proposed Changes shall be deemed to have agreed to such Changes. In the event that a User does not agree to any proposed Changes, the Company reserves the right to suspend or terminate the use of the Platform (even if the User does not exercise his/her/its right to terminate the use of the Platform), and in such event, the User must stop using the Platform.

 

2.5 The continued access or use of the Platform by the User on or after the Effective Date of Change constitutes User's agreement to be legally bound by the Changes.

3. Digital Platform Terms

3.1 The App may be available for download from one or more Digital Platforms. Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable Digital Platform (the “Digital Platform Terms”). If there is any conflict between these Terms and the Digital Platform Terms, then these Terms will prevail.

 

3.2 The App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any Digital Platform. You and we acknowledge that this Agreement is entered into between you and us only, and not with any Digital Platform, and we, not the Digital Platform, are solely responsible for the App and the content thereof to the extent specified in this Agreement.

 

3.3 You and we acknowledge and agree that the relevant Digital Platform, and that Digital Platform’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that Digital Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

4. Network Device and Carrier Requirements

4.1 You acknowledge that your agreement with your mobile and Internet network provider (the “Network Provider”) will apply to your use of the Site. You acknowledge that you may be charged by your Network Provider for data services while using certain features of the Site or any other third-party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the mobile/Internet device being used to access the Site, you will be assumed to have received permission from the bill payer for using the Site. You must also ensure that your use of the Site is not in violation of your mobile or Internet device agreement or any wireless data service agreement.

5. Eligibility and Registration

5.1 You must be at least 18 years of age to access and use the Site and Platform. You further affirm 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. An individual or Undertaking who desires to become a User or customer of the Company (“Applicant”) must register with the Company to use the Site and the Platform; and you agree to provide complete and accurate information and documents when registering to use the Site and the Platform, and to keep that information updated to prove that you, as the Applicant, fulfil the following criteria:

1. the Applicant shall complete, to the satisfaction of the Company, a registration form supplied by the Company, either online or by such other method as the Company shall notify the Applicant;

2. to be eligible to use the Platform, the Applicant must be at least 18 years old;

3. the Applicant shall be of legal capacity to enter into this Agreement;

4. the Applicant's eligibility to access the Platform also depends on the country in which the Applicant resides, subject to the Applicable Law;

5. the Applicant shall provide, to the satisfaction of the Company, such information and supporting documents as may be required by the Company to conduct KYC, process the application, and satisfy the KYC test or procedures as determined by the Company following the Company's internal policies;

6. the Applicant shall have no indicia of being connected with money laundering or terrorist financing as determined by the Company in its sole discretion;

7. the Applicant confirms that the application is made on his/her/its behalf and that the Account is used by the Applicant for his/her/its account, and not as agent for any third parties;

8. the Applicant has agreed to this Agreement; 

9. the Applicant shall satisfy such other criteria and procedures as the Company may determine from time to time following the Company's internal policies or as required by Applicable Law; and

10. the continued use of the Platform by the User shall be subject to the above eligibility criteria, applied with the necessary modifications. 

 

5.2 We have the sole discretion to accept or reject your registration with the Platform. Only Users whose registration are approved by us will be our customers. If the Company accepts the Applicant's registration, the Company shall notify the Applicant to that effect. Applicants who do not receive such notification shall not attempt to use the Platform through any accounts.

6. Intellectual Property

6.1 All title, ownership rights and intellectual property rights in or relating to the Site and Platform, any information transmitted by, to or over the Platform and information regarding use of the Platform will remain with the Company or its licensors. Nothing on the Platform will be construed as conferring on any User any license, save as expressly set out herein, of any of the Company’s or any third party’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.

 

6.2 The Platform and App may provide you access to content, information, quote, videos, photos or other materials (the “Third-Party Content”) supplied by certain third parties (the “Third-Party Content Providers”). The Company does not endorse or recommend, and is not responsible for verifying the accuracy, validity or completeness of any Third-Party Content provided through the Site or Platform. Your use or reliance on such Third-Party Content is at your sole risk. All title, ownership rights and intellectual property rights in or relating to the Third-Party Content will remain with the applicable Third-Party Content Provider. Nothing on the Platform will be construed as conferring on any User any license, save as expressly set out herein, of any Third-Party Content Provider’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.

 

6.3 Provided you are in compliance with these Terms, you can download and access the Site on a single mobile device and access the Platform using properly issued User Credentials. All other rights in the Site are reserved by the Company. In the event of your breach of these Terms, we will be entitled to terminate your use and access to the Site and Platform immediately.

 

6.4 You agree not to:

11. modify, adapt, reproduce, translate or create derivative works of the Site or Platform, or any data or content (including the Third-Party Content) provided through the Site or Platform, or any portion thereof, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or Platform;

12. remove any copyright notice, trademark, legend, logo or product identification from the Site or Platform;

13. misrepresent the other sites as the Company’s Site by co-opting the visual “look and feel” of or text from the Company’s Site or otherwise violate the Company’s intellectual property rights, including, without limitation, “scraping” text or images from the Company’s Site or the Company managed banners and/or text links, search marketing or all other online and offline campaigns,

14. edit, modify, filter, truncate or change the order of 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 authorization of the Company; or

15. make any commercial use of the Site or Platform or the Company’s logo, trademark or brand name in any way.

 

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, geographic information, device information) in the context and for the purpose of providing services or products on the Platform and the secure use of the Site and the Platform.

7. Account and Custody

7.1 In order to use the services on the Platform, you must create an account with the Platform (the “Account”). The Account will be used to record various Digital Assets transferred by you onto the Platform and conduct transactions on the Platform. The Account may be registered by any individual who is over 18 years old or an Undertaking by its duly authorized representatives, provided such individual and Undertaking have read and understand the Risk Disclosure Statements, which is incorporated by reference into, and shall be a part of this Agreement. Each User shall only register one trading Account on the Platform. Registration of multiple trading Accounts would be a violation of these Terms and may lead to immediate termination of these Terms and the Accounts involved.

 

7.2 Except as otherwise permitted by the Platform, the User agrees that it shall not be entitled to any interests accrued from any funds in any Fiat Currency or Digital Assets under your Account and waives all rights to such interests and acknowledges that the Company is not obliged to hold such interests or transfer such interests to the User. 

 

7.3 You may fund the Account by transferring Digital Assets from your accounts with third parties into the Account. No fees are charged by the Platform for funding the Account; however, third parties may charge transaction and other fees, such as gas fee. 

 

7.4 Users’ assets are kept in custodian wallets which are clearly identified and defined both on the Platform and its ledger. The User can transact in Digital Assets by the transfer or deposit of the User’s own Digital Assets into the User’s Account, following the process steps prescribed on the Site. The Company will securely store the Digital Assets of the User with a unique private key, through which the relevant User’s Digital Assets are segregated from the Company’s and other users’ Digital Assets. Once transferred and successfully received, the User's Account will show the Digital Assets deposited.

 

7.5 You may withdraw all or some of the Digital Assets under your name recorded on the Platform’s ledger. There is no minimum amount of Digital Assets required to maintain your status as a User. Digital Assets will be transferred from the user account held by the Platform to the specific Digital Assets address provided by you. Withdrawals may take up to 3 Business Days to complete, provided that larger withdrawals may take up to 30 Business Days to complete and that any withdrawal may be delayed as necessary to comply with Applicable Law.

8. Digital Asset Trading

8.1 The Platform provides a digital asset trading facility that allows you to place orders and facilitates the order matching and settlement of the purchase or sale of Digital Assets or its derivatives with other Users. The Platform simply matches purchase and sale orders put forth by Users and assists Users with carrying out their intent as expressed via the orders. Except as expressly specified otherwise in this Agreement, neither the Company nor the Platform is acting as a principle in or other participants in those transactions. Neither the Company nor the Platform is responsible for any disputes among or between Users regarding any transaction.

 

8.2 Matching Orders are automatically paired by the Platform through its proprietary software and models, and the Platform will notify the respective Users that the order has been executed. Once a match is made, the order is executed and cleared instantaneously. YOU SHOULD ONLY PLACE AN ORDER IF YOU FULLY INTEND TO COMPLETE THE TRANSACTION. You have the right to stop a preauthorized order by initiating procedures through your Account to effectuate closure of such open order.

 

8.3 Unless otherwise permitted by the Platform, you may only sell such amount of Digital Assets as does not exceed the total amount of Digital Assets held in your Account and recorded in the Platform ledger, plus the applicable Transaction Fee (as defined below). Any attempt by you to sell more Digital Assets than the Platform records show exists in your Account after deduction of the applicable Transaction Fee will result in an unsuccessful trade and may be grounds for termination of the Account.

 

8.4 You acknowledge that you may not be possible in all circumstances to cancel or modify an order, even before the order is matched or executed. We accept no responsibility for ensuring that an order is modified or canceled and you understand and agree that, if the order cannot be canceled or modified, you are bound by any execution of the original order. You further acknowledge that attempts to modify or cancel and replace an order may result in over-execution or the execution of duplicate orders, and you shall be responsible for all such executions.

 

8.5 You shall be deemed to have given orders through the Platform when we acknowledge such orders through the Platform or by such other means as we may determine (whether or not you actually receive or become aware of such acknowledgment). You understand that the Platform provides the ability to show the real-time status of all of your open orders and pending instructions. You further understand that it is your responsibility to monitor your open orders and pending instructions in real-time until the Platform acknowledges the full execution, cancellation or rejection of the orders or instructions and that we assume no responsibility or liability if you fail to do so. In the event that you fail to immediately notify us of any error in the real-time acknowledgment of the status of any of your open orders or pending instructions, including the Platform’s failure to promptly acknowledge the receipt of an order after you transmit such order, we reserve the right to exercise in good faith discretion to require you to accept the trade or to remove the trade from your Account at your sole benefit or loss. We may, in some cases, and at our sole discretion, require secondary electronic, verbal, written or other confirmation before acting if your Account activity is outside of its normal range of activities.

 

8.6 Your orders shall be 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 has been executed, the transaction may not be reversible.

 

8.8 You acknowledge that, due to technical and other restrictions, the price of Digital Assets displayed on the Site may be delayed and therefore not reflect the current, live market value of such Digital Asset. Nonetheless, 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 warrant or guarantee that any Order placed through the Platform will be executed at the best posted price.

 

8.10 Absent mutual consent of parties involved, we reserve the right to cancel or nullify trades in the event that:

(a) the trade resulted from an identifiable interruption or malfunction of execution, settlement or communication system;

(b) the trade that the Company, in its sole discretion, believes to be fraudulent, manipulative or disruptive to other Users or the Platform;

(c) the trade was executed by any Account that has been hacked by unauthorized users and we determine in good faith that cancellation of the trades shall be in the best interest of Users or the Platform; or

(d) the Company believes in its sole discretion that your Account or trading activities therein violates these Terms.

9. Matters concerning Use of Services

9.1 The Company may also refuse to complete a transaction the User has confirmed or authorized where there is insufficient balance in the User's Account to cover the transaction and associated fees at the time that we receive notification of the transaction.

 

9.2 Subject to Applicable Law and the extent reasonably practicable, the Company shall make reasonable efforts to inform Users whether it would remove any specific Digital Asset and/or service in advance. If a Digital Asset is excluded from the Platform of the Company, the User shall withdraw all such Digital Assets from its Account within 15 Business Days. 

 

9.3 Once you have opened an Account, you will be able to use the services in accordance with these Terms, relevant client agreements and the trading terms/ product terms that govern your use of each specific service in accordance with the Acting Law of the AIFC. The current trading terms/ product terms and relevant client agreements may be found on the Site after you log into your Account.

 

9.4 You acknowledge and agree that some of the services may be provided by the relevant third-party providers, as set out in the relevant product terms and client agreements. 

 

9.5 The services are complex and carry a high level of risk and are not appropriate for users who do not possess the appropriate level of knowledge and experience to deal in them. The Company is under no obligation to assess the suitability of the services for users and any comment or statement which may be made by the Company or any of its associates as to the suitability of the services to you should under no circumstances be considered as investment or legal advice and should not be received or relied upon as such.  

10. Fees

10.1 There is no charge to download the App and register as a User.

 

10.2 In exchange for access to the Platform and the Services, you agree to pay a fee on each settled transaction initiated by you (such fee, a “Transaction Fee”). The current Transaction Fee may be found on the Site. 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 will be effective upon posting such changes, modifications or increases on the Site as specified in section 2. If you do not agree to the posted changes, modifications, or increases, you should stop using the Account as provided herein. Your continued use of the Account following the posting of the modified Transaction Fee as posted on the Site will constitute the acceptance of all such changes or revisions.

 

10.3 Transaction Fees are paid by the Users in any given transaction. The Users will each be charged a fee in USDT/USDC. You are responsible for any fees imposed by third parties in connection with transferring Digital Assets into your Account on the Platform. The Platform charges a flat fee to transfer or withdraw Digital Assets from your Account at  such fee rates as last updated on the Site from time to time.

 

10.4 If you believe that you have been erroneously charged a Transaction Fee, you shall notify the Platform immediately of such error, along with any additional information concerning the transaction. If you do not raise any question or objection within 30 Business Days after such alleged erroneous Transaction Fee first appears on any Account statement, such fee will be deemed acceptable by you for all purposes.

11. User Access Obligations

11.1 The Company will issue a set of unique User Credentials to each User that is registered to use the Site and Platform. Such User Credentials only allow the User to access the Account. Each User shall promptly provide acknowledgment of receipt of such User Credentials to the Company.

 

11.2 Each User acknowledges that each set of User Credentials is non-transferable and shall only be used by the User to whom it is issued. Such User Credentials shall not be disclosed to or transfer to any third person without written permission of the Company. We will never ask you, for any reason, whether by email, regular mail or telephone, to disclose your User Credentials. Password inquiries will only be conducted online and only after you have signed onto the Platform. We will never send you embedded links in an email requesting that you sign onto the Platform by clicking such a link. If you receive an embedded link by email, claiming to be from us or the Platform, you shall not open or click on the link. The email is not from us and is likely fraudulent.

 

11.3 Each User shall:

1. keep their User Credentials strictly confidential and not share them with any other person for any purpose including, but not limited to, initiating or executing any payment transaction involving the Account. Further, the User shall not disclose his/her User Credentials in a recognizable way to third parties on any device (for example, by writing down or recording the User Credentials without disguising them);

2. take all reasonable efforts to secure all records relating to his/her User Credentials, including, but not limited to, keeping such records in a secure or physical location accessible or known only to the User and keeping such records in a place where the records are unlikely to be accessed by a third party;

3. take all reasonable measures to follow security instructions provided by the Company and otherwise protect the security, prevent tampering or use by any other person of the User Credentials, Site or Platform, including those security measures prescribed in our Privacy Policy;

4. notify the Company immediately through any channel prescribed by the Company in the event:

1. of loss of your User Credentials;

2. of your User Credentials having been disclosed to third parties or otherwise compromised;

3. that you reasonably suspect any unauthorized use of your User Credentials;

5. create strong passwords (for example, using a mixture of letters, numbers and special characters, and not using easily accessible personal information) and strong PINs (for example, by not using numbers that are consecutive or basing the PIN on the User’s contract ID, birth date, telephone number, identification number, or any other easily accessible personal information).

 

11.4 Where the Platform is accessed by correct entry of User Credentials or through the App, the relevant User shall be deemed to have accessed the Platform. You shall be responsible and liable for all actions through such access by an Authorized Individual authorized to access the Platform on your behalf. The Company shall not be obliged in any manner to investigate or take any other step to verify the identity of any User or Authorized Individual. The Company shall not be liable for any loss that you may incur as a result of someone else using your User Credentials or Account, either with or without your knowledge. Upon receipt of notification under Section 11.3(d), the Company shall disable the relevant User Credentials and block access to the Platform or the Site as soon as reasonably practicable.

 

11.5 Each User shall secure all of their devices or systems used to access the Platform (for example, the App), including, without limitation, installing and regularly updating browsers, security patches, antivirus, anti-malware and other relevant software in the devices or systems. Each User shall also comply with all instructions, procedures and directions relating to the Platform, the Site and User Credentials as notified the Company from time to time, including, but not limited to, the risk management and other measures notified at the Platform login page.

12. Prohibited Uses

12.1 You shall use the Site or Platform solely in compliance with these Terms, solely for your own Account or your internal business purposes. You shall not sell, lease or otherwise provide access to the Site or Platform to any third party, nor act as a service bureau or otherwise use the Site or Platform on behalf of any third party.

 

12.2 You shall not use the Site or Platform in any way, provide any information or content, or engage in any conduct in using the Site or Platform that:

1. is unlawful, illegal or unauthorized;

2. is defamatory of any other person;

3. is obscene, sexually explicit or offensive;

4. advertises or promotes any other product or business;

5. is likely to harass, upset, embarrass, alarm or annoy any other person;

6. is likely to disrupt the Platform in any way; or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

7. infringes any copyright, trademark, trade secret, or other proprietary right of any other person;

8. restricts or inhibits any other person from using the Platform, including, without limitation, by means of “hacking” or defacing any portion of the Platform;

9. disables, damages or alters the functioning or appearance of the Platform;

10. “frames” or “mirrors” any part of the Platform without our prior written authorization;

11. uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;

12. harvests or collects information about other Users without their express consent;

13. sends unsolicited or unauthorized advertisements, spam, or chain letter to other Users of the Platform;

14. except as otherwise permitted by the Company in writing, open multiple accounts except as otherwise explicitly permitted by the Platform;

15. conduct frequent, intensive trading with or without software or trading tools that are unauthorized by the Platform;

16. transmits any content which contains software viruses, or other harmful computer code, files or programs; or

17. advocates, promotes or assists any violence or any unlawful act.

 

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, any individual or Undertaking in any jurisdiction where the provision or use thereof would be contrary to any applicable law, or where we are not authorized to provide such Platform or information and services. We do not offer services or products to Users in a few excluded jurisdictions including the United States, mainland China, Singapore, Quebec (Canada), Ontario (Canada), North Korea, Cuba, Iran, Crimea, Sevastopol, Sudan or any other jurisdictions in which we may determine from time to time to terminate the services at our sole discretion (the “Excluded Jurisdictions”). You should inform us immediately if you become a resident in any of the Excluded Jurisdictions or are aware of any Users based in any of the Excluded Jurisdictions. You understand and acknowledge that if it is determined that you have given false representations of your location or place of residence, the Company reserves the right to take any appropriate actions with compliance to the local jurisdiction, including termination of any Account immediately and liquidating any open positions.

 

12.4 We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any information that violates these Terms.