Please read the terms carefully as they govern your use of BinaricX 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 BINARICX 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 BINARICX SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) BINARICX SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using, or attempting to use BinaricX 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 BinaricX or utilize BinaricX services.
2. BinaricX Operators refer to all parties that run BinaricX, including but not limited to legal persons, unincorporated organizations and teams that provide BinaricX Services and are responsible for such services. For convenience, unless otherwise stated, references to “BinaricX” and “we” in these Terms specifically mean BinaricX Operators. UNDER THESE TERMS, BINARICX OPERATORS MAY CHANGE AS BINARICX’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 BINARICX OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW BINARICX SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE BINARICX SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED BINARICX 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.
3. BinaricX Services refer to various services provided to you by BinaricX that are based on Internet and/or blockchain technologies and offered via BinaricX websites, mobile applications, clients, and other forms (including new ones enabled by future technological development). BinaricX Services include but are not limited to such BinaricX ecosystem components as Digital Asset Trading Platforms, the financing sector.
4. BinaricX Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by BinaricX, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Centre or within products or service processes.
5. Users refer to all individuals, institutions or organizations that access, download, or use BinaricX or BinaricX Services and who meet the criteria and conditions stipulated by BinaricX. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
6. 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.
7. Digital Assets refer to Digital Currencies, their derivatives, or other types of digitalized assets with a certain value.
8. BinaricX Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by BinaricX for Users to record on BinaricX their usage of BinaricX Services, transactions, asset changes and basic information. BinaricX Accounts serve as the basis for Users to enjoy and exercise their rights on BinaricX.
9. Peer-to-peer Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
10. Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
11. Collateral Accounts refer to special accounts opened by Users on BinaricX to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the BinaricX Contract Services Agreement and BinaricX Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
12. Loan/Lending refers to BinaricX’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 BinaricX.
II. General Provisions
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and BinaricX Operators.
b. Supplementary Terms
c. Changes to These Terms
BinaricX reserves the right to change or modify these Terms in its discretion at any time. BinaricX will notify such changes by updating the terms on its website (https://www.binaricx.com/en/terms) 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 BINARICX 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 BINARICX 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 BINARICX SERVICES.
d. Prohibition of Use
BY ACCESSING AND USING BINARICX 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. BINARICX RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF BINARICX SERVICES IN CERTAIN COUNTRIES OR REGIONS.
2. About BinaricX
As an important part of the BinaricX Ecosystem, BinaricX mainly serves as a global online platform for Digital Assets trading, 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 BinaricX, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although BinaricX has been committed to maintaining the accuracy of the information provided through BinaricX Services, BinaricX cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance, or appropriateness, nor shall BinaricX be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about BinaricX Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. BinaricX does not provide investment or consulting advice of any kind and is not responsible for the use or interpretation of information on BinaricX or any other communication medium. All Users of BinaricX Services must understand the risks involved in Digital Assets trading and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. BinaricX Account Registration and Requirements
By registering to use a BinaricX Account, you represent and warrant that (i) as an individual, you are at least 18 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 BinaricX Services; (iv) you do not currently have a BinaricX Account; (v) you are a non-U.S User, unless you only log on to websites for U.S. Users and use BinaricX Services for U.S. Users. If you act as an employee or agent of a legal entity, and enter these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of BinaricX Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
c. User Identity Verification
BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE BINARICX TO CONDUCT INVESTIGATIONS THAT BINARICX CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR BINARICX 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 BinaricX Account can only be used by the account registrant. BinaricX reserves the right to suspend, freeze or cancel the use of BinaricX 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 BinaricX immediately. BinaricX assumes no liability for any loss or damage arising from the use of BinaricX Account by you or any third party with or without your authorization.
e. Account Security
BinaricX has been committed to maintaining the security of User entrusted funds and has implemented industry standard protection for BinaricX 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 BinaricX Account and personal information.
You should be solely responsible for keeping safe of your BinaricX Account and password and be responsible for all the transactions under your BinaricX Account. BinaricX 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 BinaricX Account, you hereby agree that:
– you will notify BinaricX immediately if you are aware of any unauthorized use of your BinaricX Account and password or any other violation of security rules.
– you will strictly abide by all mechanisms or procedures of BinaricX regarding security, authentication, trading, charging, and withdrawal; and
– you will take appropriate steps to logout from BinaricX at the end of each visit.
f. Personal Data
– your transaction counterparties.
– BinaricX Operators, and the shareholders, partners, investors, directors, supervisors, senior managers, and employees of such entities.
– our joint ventures, alliance partners and business partners.
– our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archival.
– third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether in cooperation with us.
– insurance companies or insurance investigators and credit providers.
– credit bureaus, or any debt collection agencies or dispute resolution centres in the event of violation or dispute.
– business partners, investors, trustees, or assignees (actual or expected) that promote business asset transactions (which can be broadened to include any merger, acquisition, or asset sale) of BinaricX Operators.
– professional consultants such as auditors and lawyers.
– relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities.
– assignees of our rights and obligations.
– banks, credit card companies and their respective service providers.
– persons with your consent as determined by you or the applicable contract.
III. BinaricX Services
Upon completion of the registration and identity verification for your BinaricX Account, you may use various BinaricX Services, including but not limited to, Peer-to-peer Trading, Fiat Trading, contract trading, leveraged trading, BinaricX Savings services, staking, acquiring market-related data, research and other information released by BinaricX, participating in User activities held by BinaricX, etc., in accordance with the provisions of these Terms (including BinaricX Platform Rules and other individual agreements). BinaricX has the right to:
Provide, modify, or terminate, in its discretion, any BinaricX Services based on its development plan; and
Allow or prohibit some Users’ use of any BinaricX Services in accordance with relevant BinaricX Platform Rules.
1. Service Usage Guidelines
Provided that you constantly comply with the express terms and conditions stated in these Terms, BinaricX grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use BinaricX Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use BinaricX 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 BinaricX Services should be stipulated in the discretion of BinaricX. BinaricX reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using BinaricX Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use BinaricX Services. Therefore, you hereby agree that when you use BinaricX Services, BinaricX does not transfer BinaricX Services or the ownership or intellectual property rights of any BinaricX 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 BinaricX Services, are exclusively owned, controlled and/or licensed by BinaricX Operators or its members, parent companies, licensors or affiliates.
BinaricX owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about BinaricX or BinaricX Services that you provide through email, BinaricX Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to BinaricX. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
When you use BinaricX Services, you agree and undertake to comply with the following provisions:
During the use of BinaricX Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of BinaricX.
Your use of BinaricX 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 BinaricX Services.
You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
Without written consent from BinaricX, the following commercial uses of BinaricX data are prohibited:
Trading services that make use of BinaricX quotes or market bulletin board information.
Data feeding or streaming services that make use of any market data of BinaricX.
Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from BinaricX.
Without prior written consent from BinaricX, 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 BinaricX Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through BinaricX Services; (ii) attempt to access any part or function of the properties without authorization, or connect to BinaricX Services or any BinaricX servers or any other systems or networks of any BinaricX Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of BinaricX Services or any network connected to the properties, or violate any security or authentication measures on BinaricX Services or any network connected to BinaricX Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of BinaricX Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of BinaricX Services or BinaricX, or the infrastructure of any systems or networks connected to BinaricX services; (vi) use any devices, software or routine programs to interfere with the normal operation of BinaricX Services or any transactions on BinaricX Services, or any other person’s use of BinaricX Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to BinaricX, or (viii) use BinaricX Services in an illegal way.
By accessing BinaricX Services, you agree that BinaricX 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. Peer-to-peer Trading
Upon completion of the registration and identity verification for your BinaricX Account, you may conduct peer-to-peer Trading on BinaricX in accordance with the provisions of these Terms and BinaricX Platform Rules.
Upon sending an instruction of using BinaricX Services for Peer-to-peer Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in BinaricX’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, BinaricX will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize BinaricX to temporarily control the Digital Currencies involved in your Transaction.
For Orders initiated through BinaricX Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke, or cancel BinaricX’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. BinaricX reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient number of Digital Currencies to execute an Order, BinaricX may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to BinaricX are deducted as stated in paragraph (c) below).
You agree to pay BinaricX the fees specified in https://www.binance.com/en/fee/schedule. BinaricX may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize BinaricX to deduct from your account any applicable fees that you owe under these Terms.
d. Other Types of Peer-to-peer Trading
In addition to the Peer-to-peer Trading that allows users to directly place orders as mentioned in paragraph (a) above, BinaricX may, in its discretion, provide technical and platform services for other types of Peer-to-peer Trading under its separately formulated BinaricX Platform Rules, such as One Cancels the Other (OCO) and block trade.
3. Futures Trading
Unless otherwise specified by BinaricX, to conduct Futures Trading, you must conclude with BinaricX a separate BinaricX Futures Service Agreement ( /en/support/faq/360033180732) and open a special Collateral Account, following the completion of registration and identity verification for your BinaricX 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 BinaricX Futures Service Agreement and the relevant BinaricX 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 BinaricX 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 BinaricX Futures Service Agreement and the relevant BinaricX Platform Rules to protect the legitimate interests of you, BinaricX and other Users.
4. Margins Trading
Unless otherwise specified by BinaricX, prior to conducting Margins Trading, you must open a special Collateral Account and/or complete other related procedures, following the completion of registration and identity verification for your BinaricX Account.
a. Risks of Margins Trading
Margins Trading is highly risky. As a leveraged trader, you acknowledge and agree that you access and use Margins Trading and borrowing services at your own risk, which include but are not limited to:
The liquidity, market depth and dynamics of the trading market fluctuate violently and change rapidly. The use of leverage may work to your advantage or disadvantage, which may result in major gains or losses as the case may be.
You are not eligible to receive forked currencies split from any blockchain assets in your Collateral Account, even if you have not engaged in any Margins Trading or borrowing at all.
Loans carry risk, and the value of your blockchain assets may decline. If the value of your assets drops to a certain level, you are responsible for dealing with these market circumstances.
In some market situations, you may find it difficult or impossible to liquidate a position. This may occur, for example, because of insufficient market liquidity or technical issues on BinaricX.
Placing contingent Orders does not necessarily limit your losses to the expected amount, as market conditions may prevent you from executing such orders.
Margins Trading does not have guaranteed measures against losses. As a borrower, you may suffer losses that exceed the amount you deposited into your Collateral Account.
b. To start Margins Trading:
– You represent and warrant that you are neither from the U.S. nor on any list of trade embargoes or economic sanctions, such as the Specially Designated National by OFAC (The Office of Foreign Assets Control of the U.S. Department of the Treasury).
– You should fully understand the risks associated with Margins Trading and Lending and be fully responsible for any trading and non-trading activities under your BinaricX – —- Account and Collateral Account. You should not engage in Transactions or invest in funds that are beyond your financial capacities.
– You are fully responsible for knowing the true status of any position, even if BinaricX may present it incorrectly at any time.
– You agree to keep enough Digital Assets in your Collateral Account, as required by BinaricX for Users’ engagement in Margins Trading, and promptly repay your loan in full. – — Failure to keep enough assets or to timely repay the outstanding loan may result in forced liquidation of the assets in your Collateral Account.
– Even if with the ability to forcefully liquidate any position, BinaricX cannot guarantee to stop losses. If your assets are insufficient to repay the outstanding loan after the liquidation of your position, you are still liable for any further shortfall of assets.
– BinaricX may take measures, in its discretion and on your behalf, to reduce your potential losses, including but not limited to, transferring assets from your Collateral Account into your BinaricX Account and/or vice versa.
– During BinaricX system maintenance, you agree to be fully responsible for managing your Collateral Account under risks, including but not limited to, closing positions, and repaying your loan.
– You agree to conduct all Transactions, Margins Trading and/or borrowing on your own, and be fully responsible for your activities. BinaricX assumes no liability for any loss or damage caused by your use of any BinaricX services or your unawareness of the risks associated with the use of Digital Assets or with your use of BinaricX Services.
5. Lending Services
Unless otherwise provided by BinaricX, to borrow currencies, you must conclude with BinaricX 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 BinaricX Account. You understand and agree that:
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.
You shall cooperate to provide the information and materials related to identity verification and Lending Services as required by BinaricX and be solely responsible for taking necessary security measures to protect the security of your Collateral Account and personal information.
You shall carefully read relevant BinaricX 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.
BinaricX 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.
BinaricX has the right to prohibit you temporarily or permanently 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.
6. BinaricX Savings Service
BinaricX offers BinaricX Savings, a service to provide Users with value-added services for their idle Digital Assets. To use BinaricX Savings service, you must conclude with BinaricX a separate BinaricX Savings Service User Agreement (/en/support/faq/360032559032) and open a special BinaricX Savings service account, following the completion of registration and identity verification for your BinaricX Account. When using BinaricX Savings service, you should note that:
– BinaricX Savings assets will be used in cryptocurrency leveraged borrowing and other businesses.
– When you use BinaricX Savings service, you will unconditionally authorize BinaricX to distribute and grant the leveraged interest according to BinaricX Platform Rules.
– You shall abide by relevant laws and regulations to ensure that the sources of Digital Assets are legitimate and compliant when using BinaricX Savings service.
– When you use BinaricX Savings service, you should fully recognize the risks of investing in Digital Assets and operate cautiously.
– You agree that all investment operations conducted on BinaricX represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.
– BinaricX reserves the right to suspend or terminate BinaricX Savings service. If necessary, BinaricX can suspend and terminate BinaricX Savings service at any time.
Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension, termination, or deviation of execution of BinaricX Savings service, BinaricX will use reasonable effort to ensure but not promise that BinaricX Savings service execution system runs stably and effectively. BinaricX does not take any responsibility if the final execution fails to match your expectations due to the above factors.
1. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BINARICX SERVICES, BINARICX MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BINARICX ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BINARICX 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, BINARICX DOES NOT REPRESENT OR WARRANT THAT THE SITE, BINARICX SERVICES OR BINARICX MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BINARICX 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 BINARICX SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT BINARICX 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 BINARICX 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 BINARICX; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY BINARICX.
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 BINARICX, 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 BINARICX SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF BINARICX SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BINARICX AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF BINARICX 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 BINARICX’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 BINARICX, 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 BINARICX AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF BINARICX 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 BINARICX UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless BinaricX 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, BinaricX 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 BinaricX Services. If you are obligated to indemnify BinaricX Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees, or agents pursuant to these Terms, BinaricX will have the right, in its sole discretion, to control any action or proceeding and to determine whether BinaricX wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on /en/support/announcement .USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. BINARICX 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 BinaricX Accounts
– The BinaricX Account is subject to a governmental proceeding, criminal investigation, or other pending litigation.
– We detect unusual activities in the BinaricX Account
– We detect unauthorized access to the BinaricX Account
– We are required to do so by a court order or command by a regulatory/government authority.
2. Cancellation of BinaricX Accounts
In case of any of the following events, BinaricX shall have the right to directly terminate these Terms by cancelling your BinaricX Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your BinaricX Account on BinaricX and withdraw the corresponding BinaricX Account thereof:
– after BinaricX terminates services to you
– you allegedly register or register in any other person’s name as a BinaricX 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 BinaricX Account or by other means
you request that BinaricX Services be terminated; and
– any other circumstances where BinaricX deems it should terminate BinaricX Services.
– Should your BinaricX 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, BinaricX 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 BinaricX is informed that any Digital Assets or funds held in your BinaricX Account are stolen or otherwise are not lawfully possessed by you, BinaricX may, but has no obligation to, place an administrative hold on the affected funds and your BinaricX Account. If BinaricX does lay down an administrative hold on some or all your funds or BinaricX Account, BinaricX may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to BinaricX has been provided to BinaricX in a form acceptable to BinaricX. BinaricX will not involve itself in any such dispute or the resolution of the dispute. You agree that BinaricX 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 BinaricX Account Termination
Except as set forth in paragraph 4 below, once a BinaricX Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to BinaricX) will be payable immediately to BinaricX. Upon payment of all outstanding charges to BinaricX (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
4. Remaining Funds After BinaricX Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
BinaricX maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of BinaricX Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
No Financial Advice
BinaricX is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using BinaricX Services. No communication or information provided to you by BinaricX is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances, and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. BinaricX does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. BinaricX will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by BinaricX.
Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of BinaricX 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 BINARICX SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT BINARICX 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. BinaricX 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.
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 BinaricX first! BinaricX wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with BinaricX, then you should contact BinaricX and a ticket number will be assigned. BinaricX 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 BinaricX, 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 BinaricX. 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 BinaricX account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with BinaricX. After you have provided the Notice of Claim to BinaricX, the dispute referenced in the Notice of Claim may be submitted by either BinaricX or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to BinaricX for resolution internally and the delivery of a Notice of Claim to BinaricX 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 BinaricX shall not be disclosed to the arbitrator.
2. Agreement to Arbitrate. You and BinaricX agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and BinaricX arising in connection with or relating in any way to these Terms or to your relationship with BinaricX as a user of BinaricX 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 BinaricX 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 benefiting 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 Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”), as modified by this Section X. The arbitration will be administered by the International Court of Arbitration of the ICC. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the ICC Rules. Any arbitration will be conducted in the English language, unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction. Regardless of the way 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 BINARICX 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 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 ICC in accordance with the ICC 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 BinaricX is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be U.K. Place of Hearing: The location of any in-person arbitration hearing shall be U.K, unless otherwise agreed to by the parties. Governing Law / Jurisdiction: The governing law of the arbitration shall be determined in accordance with the ICC Rules. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public 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 ICC, 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 fulfil 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 BinaricX agree that any claims relating to these Terms or to your relationship with BinaricX as a user of BinaricX 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 BinaricX 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 BinaricX.
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.
1. Independent Parties. BinaricX 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 BinaricX 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. BinaricX 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 BinaricX 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 BinaricX Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, BinaricX will not be responsible for any modification or termination of BinaricX Services by you or any third party, or suspension or termination of your access to BinaricX Services.
4. Force Majeure. BinaricX will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond BinaricX’s reasonable control.
5. 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.
6. Assignment. You may not assign or transfer any right to use BinaricX Services or any of your rights or obligations under these Terms without prior written consent from BinaricX, including any right or obligation related to the enforcement of laws or the change of control. BinaricX may assign or transfer any or all its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
7. 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. Contact Information. For more information on BinaricX, you may refer to the company and license information found on BinaricX websites. If you have questions regarding these Terms, please feel free to contact BinaricX for clarification via our Customer Support team at [email protected]