1. Aibit Platform
Aibit platform (hereinafter referred to as "Platform" or "us") allows its users (hereinafter referred to as "Users" or "You") to trade digital assets (as defined in this Agreement) and provide other services related to digital assets (hereinafter referred to as "Services") ”). For convenience, you and we are hereby referred to collectively as the "Parties" and individually as a "Party".
You understand that this website (as defined in this Agreement) is only used as a platform for your use of the Services. You should carefully evaluate the authenticity, legality and validity of the relevant digital assets and/or information, and bear the responsibilities and losses that may arise therefrom.
Any opinions, information, discussions, analyses, prices and other information displayed by us on this platform should not be construed as investment advice. We shall not be liable for any damages, including but not limited to any lost profits, arising directly or indirectly from reliance on the above information.
Unless you have an account on the Platform (as defined in this Agreement), you may not use the services intended to be provided to users who have an account.
1.1 Risk
By using the services provided by this platform, you accept the risks associated with such services. The "Aibit Risk Notice" is an integral part of this agreement. Before signing this agreement, you have read and fully understood the contents of the "Aibit Risk Notice". We emphasize:
(i) the digital assets provided on the platform may not be issued by us, financial institutions or other legal entities.
(ii) the digital asset market is new, uncertain and likely not to grow.
(iii) digital assets are highly speculative in nature and not as mature as other asset classes.
(iv) Digital assets fluctuate greatly, transactions continue, and there is no limit to price fluctuations;
(v) Digital asset transactions may result in partial or total loss of your capital.
(vi) The actions of third parties such as market makers or governments may have a significant impact on digital assets.
(vii) Digital asset trading is not suitable for the vast majority of people.
(viii) While we strive to comply with all applicable laws, rules and regulations, we may not be regulated in all jurisdictions in which we operate.
(ix) In addition to the above risks, there may be other unpredictable or derived risks.
Please consider your own financial situation and, where necessary, seek independent legal, financial, tax, accounting or other advice before using the Services.
1.2 Restricted Jurisdictions
All services are prohibited for users from the following jurisdictions: Mainland China, United States, Canada, Japan, Cuba, Iran, North Korea, Sudan, Syria, Venezuela, Singapore, and Crimea.
Derivatives trading is prohibited for users from the following jurisdictions: Taiwan, Spain, Hong Kong, Israel, Iraq, Bangladesh, Bolivia, Ecuador, Kyrgyzstan, Sevastopol and the United Kingdom (retail users only).
The list of restricted jurisdictions may change and vary based on changes to our policies and the services we provide to specific jurisdictions. We may not notify you of such changes. You will need to review the latest information on the Platform or this Agreement for such changes.
2. General Terms and Conditions
The User Agreement (“this Agreement” or “these Terms and Conditions”), as updated from time to time, includes this User Agreement, Privacy Policy, Fiat Rules, KYC (“Know Your Customer”) and AML Policy, User Agreement or each Service and any other guidelines, rules, notices and instructions posted on the Platform from time to time.
Before using the platform to access services, you should read this agreement carefully and seek independent legal advice if necessary. If you do not agree or understand this agreement, please cancel your account immediately and stop using the service. By clicking "I agree", creating an account, obtaining your account identification number and creating a password, logging in to your account, or using the Services, you will be deemed to have understood, fully agreed to, and be bound by this Agreement (including any review of this Agreement from time to time). any modifications) constraints.
All headings in this agreement are for convenience of wording only and are not intended to expand or limit the content or scope of the terms and conditions of this agreement. The information on the Platform and all information in this Agreement is provided "as is" and "on an as-available basis" without further commitment from us. The headings in this agreement are for convenience only and do not affect the meaning or interpretation of any provision of this agreement.
3. Definition
"Account" means the account you create on the Platform.
"This Agreement" refers to the Aibit Platform User Agreement.
"AML/CTF" means Anti-Money Laundering/Counter-Terrorist Financing.
"Business Day" means a day on which the Bank is open for business transactions, other than a Saturday, Sunday or a gazetted public holiday.
"Bid Price" has the meaning in clause 7.1.
"Indemnity" has the meaning given in clause 15.1.
"Processing your Account" has the meaning in clause 4.4.
A "digital asset" refers to a digitally represented value supported by a platform that can be digitally transmitted, stored and traded.
"Dispute" has the meaning in clause 17.11.
"Exchange Rate" has the meaning in clause 7.1.
"Fork" has the meaning set out in clause 6.2.
"International Court of Arbitration of the International Chamber of Commerce" has the meaning given in Article 17.11.
"Identification Information" has the meaning set out in Section 9.2.
"Intellectual Property Rights" has the meaning given in Article 11.
"Internal Resolution" has the meaning given in clause 17.11.
"Login Details" has the meaning in clause 4.3.
"Miner Fee" means set out in Section 6.1.
"Party" means a party to this Agreement, the User and the Platform.
"Platform" means the Aibit Platform.
"Pre-Close" has the meaning given in clause 4.4.
"Registration Data" has the meaning given in Section 4.1.
"Sanctioned State" has the meaning given in Article 17.8.
"Sanctioned Person" has the meaning given in Section 17.8.
"Sell Price" has the meaning in Section 7.1.
"Services" refer to the products and services provided to users through the Platform.
"Transaction Fee" has the meaning set out in Clause 8.
"Transaction" has the meaning set out in clause 4.2.
"User" refers to the user of the Aibit Platform.
"Site" means a website or other gateway, such as a mobile application, through which users can access the Platform to use the Services.
4. Account
4.1 Account Creation
In order to be eligible to create an account, you confirm that you are a natural person, legal person or any other entity authorized to enter into this Agreement and use the Services in accordance with all applicable laws, rules and regulations. You may not create an account for the purpose of violating any applicable laws, rules and regulations and/or disrupting the services provided on the platform.
We reserve the right to refuse your account registration if you are not eligible to create an account, and if you have already created an account, we reserve the right to suspend, terminate and/or close your account without notice and may request You are responsible for any adverse consequences arising therefrom. We reserve the right, in our sole discretion, to refuse any application to create an account (including but not limited to accounts related to political and/or public figures) or to comply with AML/CTF laws and regulations.
To create an account, you should provide:
(i) a valid email address.
(ii) mobile phone number.
(iii) your real name.
(iv) identification documents.
(v) any other information we need to create and maintain your account.
The above is collectively referred to as the "Registration Data".
If your mobile number requires registration with your real name, you should complete this registration process before providing us with your mobile number. You shall be responsible and liable for any direct or indirect losses and any adverse consequences arising from failure to perform such registration.
It is your responsibility to update your registration data and to ensure that it is accurate at all times. You shall be responsible for the authenticity, completeness and accuracy of your registration data, and bear any direct or indirect losses and adverse consequences arising from inaccurate registration data.
After we verify and approve the account you have created, you will receive an account identification number and password through which you can use the Services. You agree to receive emails and/or messages from us related to the administration and operation of the Platform.
4.2 Account Usage
You have the right to use your account to access the platform to use the services, including:
(i) browse the real-time quotation and transaction information of digital asset products on this website.
(ii) Submit digital asset transaction instructions, whether transaction instructions or other instructions (referred to as "transactions").
(iii) complete the transaction.
(iv) view information provided to users through your account.
(v) Participate in events organised by us in accordance with the rules of the event.
(vi) other services we may provide to you from time to time.
4.3 Account Security
You are solely responsible for the login details associated with your account, including your username, password, mobile phone number, transaction password and verification code received via your mobile phone ("Login Details"). If your login details are compromised and/or your account is accessed by an unauthorized third party, you may immediately notify us and request suspension of your account.
Upon receipt of such a request, we will take action on your request within a reasonable period of time. You may not transfer or loan your account to any other person, whether by donation, loan, lease, assignment or otherwise, except with our consent.
If any digital asset, password or private key is lost, stolen, malfunctioned, destroyed or otherwise inaccessible, we are under no obligation to issue any substitute digital asset.
4.4 Suspension, Termination or Closure
In the following circumstances, we have the right to suspend the provision of some or all services to your account, freeze the digital assets in your account, terminate your account, close your account and/or notify the relevant competent authority ("Processing your account "):
(i) we reasonably believe this is necessary to protect our reputation.
(ii) you are exposed to any pending litigation, investigation or government proceeding while using your account, and/or we believe that your account activity is at increased risk of being illegal or in violation of the law.
(iii) you are from a restricted jurisdiction as described in clause 1.2.
(iv) you are not eligible to create an account pursuant to clause 4.1.
(v) you are creating the account on behalf of a legal entity but you are not an authorized person to act on behalf of that legal entity.
(vi) In our sole discretion, you are not suitable to use the Services.
(vii) you are not the person described in your account registration data.
(viii) You have not logged into your account for one year in a row.
(ix) you use your account to engage in unlawful or unlawful activities, such as money laundering and bribery.
(x) you use your account to engage in market manipulation, improper trading or other illegal trading activities, such as money laundering, smuggling and commercial bribery.
(xi) You have violated this Agreement or any other applicable laws, rules and regulations.
Notwithstanding the foregoing, we reserve the right to close and terminate your account by giving you 7 working days' notice. Thereafter, you will have 7 business days to take any necessary action, including cancelling any orders or closing out positions ("Close Up Front"). After the closing period ends, we have the right to cancel your order, close the position and return the digital assets in your account to you. Notwithstanding anything in this Agreement, if your account has been closed in accordance with these terms, all remaining account balances (including fees and liabilities owed to us) shall be paid to us immediately.
We are not responsible for any adverse consequences and/or losses associated with our handling of your account.
In the event of account suspension or closure due to fraud investigations, illegal investigations or violations of this Agreement, we will have full custody of digital assets, funds and user information/data that may be handed over to government authorities.
5. Deposit, Storage, Withdrawal and Transfer
The services are only available for digital assets supported by us and are subject to change from time to time. Under no circumstances should you use your account to store, send, request or receive digital assets in any form not supported by us. We assume no liability or obligation for attempting to use your account for digital assets that we do not support. I provide the services to you and do not act as buyer or seller in any transaction of digital assets. The services do not include access or custody of any legal tender.
All digital assets in your account are held by us in escrow. This means:
(i) Ownership of digital assets shall remain with you and will not be transferred to us. As digital assets are held in your account, you bear the risk of all loss of digital assets. We do not claim or treat the assets in the account as belonging to us.
(ii) We may not grant a security interest in digital assets held in your account.
(iii) Except as required by the competent authority or otherwise provided in this Agreement, we will not sell, transfer, lend, mortgage or otherwise transfer the assets in your account unless directed by you or compelled by a court of competent jurisdiction.
(iv) You control the digital assets in the account. At any time, subject to outages, downtime and other applicable policies, you may withdraw your digital assets by sending them to another blockchain address controlled by you or a third party.
(v) In order to hold the assets in your account more securely, your digital assets are kept separate from our own digital assets or funds, i.e. different general ledger accounting headings are used for users and our accounts. Notwithstanding the foregoing, we do not have any obligation to use a different blockchain address to store digital assets owned by you and other customers or by us.
We reserve the right to set and adjust daily trading volume and withdrawal limits based on our internal considerations, including the security and status of the relevant digital asset network.
6. Digital Asset Network
6.1 Transaction of Digital Assets
We will process the transaction according to your instructions. You should verify all transaction information before submitting instructions to us. We do not guarantee the identity of any user, recipient, respondent or other third party, nor are we obligated to ensure the accuracy and completeness of the information you provide. Once a transaction has been transmitted to the associated network of digital assets, it cannot be undone.
We may charge a network fee (" miner's fee ") to process transactions for you. We will calculate the miner's fee ourselves, but we will always inform you of the miner's fee when (or before) you authorize a digital asset transaction. When you or a third party send digital assets to an account from an external wallet that is not hosted on the platform, the person initiating the transaction is solely responsible for properly executing the transaction, including paying miner fees to facilitate the successful completion of the transaction. Failure to pay the miner's fee may result in your transaction being in a state of limbo beyond our control and we are not responsible for delays or losses resulting from incorrect transaction initiation and are not obliged to assist in the remedy of such transactions.
Once submitted to the digital asset network, the transaction will remain pending for a period of time, waiting for the digital asset network to fully confirm the transaction. A pending transaction is not completed. Digital assets associated with pending transactions will be locked up accordingly and will not be included in your account balance or used for transactions until network confirmation.
We may also refuse to process or cancel any pending transaction as required by law, regulation or any court or other competent authority having jurisdiction over us in any jurisdiction, for example, where money laundering, terrorist financing, fraud or any other financial crime is suspected.
6.2 Operations of the Digital Asset Protocol
We do not own or control the software agreements that govern the operation of digital assets supported by the platform. Often, the protocols are "open source" and can be used, copied, modified and disseminated by anyone.
We assume no responsibility for the operation of the agreement and cannot guarantee the functionality or security of the network operation. You acknowledge and accept the risk that the software agreements associated with any digital assets you store in your account may change.
In particular, the protocols may be affected by sudden changes in operating rules (" forks "). Any such material operational change may have a material impact on the availability, value, functionality and/or name of the digital assets you store in your account. We have no control over the timing and nature of these significant operational changes. It is your responsibility to make yourself aware of upcoming operational changes, and you must carefully consider the publicly available information and the information we may provide when deciding whether to continue trading affected digital assets on your account. In the event of any such operational change, we shall have the right to take necessary measures to protect the security of the assets on the Platform, including suspending the operation of the relevant digital assets and other necessary steps.
We will do our best to inform you of our response to any significant operational changes. However, such changes are not within our control and may occur without notice to us. Our response to any material operational change is at our sole discretion, including the decision not to support any new digital assets, forks or other actions.
You acknowledge and accept the risk of operational changes to the Digital Assets Agreement and agree that we shall not be liable for such operational changes or for any loss of value that you may suffer as a result of changes to the operating rules. You acknowledge and accept that we have the right to respond to any operational changes at our sole discretion and that we are not responsible for assisting you with unsupported assets or agreements.
7. Trading Rules
You should abide by the following rules when trading digital assets on the platform:
(i) Before executing a transaction, you should read, understand and fully accept the platform information, including but not limited to prices, fees and whether to buy or sell digital assets.
(ii) When you execute a transaction and submit your transaction, you authorize the platform as the broker of the relevant transaction to match the relevant counterparty for you without further notice to you.
(iii) you have the right to cancel or amend your transaction at any time before the transaction is executed.
(iv) You can view your transaction details and records in the platform management center.
7.1 Exchange Rate
Every time you buy or sell a digital asset, you are bound by the exchange rate of the specific transaction. "Exchange Rate" means the fiat currency price quoted on the Platform for a particular supported digital asset. Exchange rates are expressed as "bid" or "ask", which is the price at which you can buy or sell a digital asset.
You acknowledge that, at any given time, the bid rate may be different from the ask rate and we may add a margin or "spread" to the quoted rate. When you authorize a transaction, you agree to accept the exchange rate. We do not guarantee the availability of any exchange rate. We do not guarantee that you will be able to buy and/or sell your digital assets on the open market at any particular price or at any particular time.
8. Fees
You agree to be responsible for all charges. A fee ("transaction fee") is required for each purchase or sale of a digital asset. Transaction fees will be shown to you on the platform prior to each transaction and indicated on each receipt I send you. We may adjust our transaction fees at any time.
9. Compliance
Our KYC Policy and AML/CTF Policy are designed to comply with international laws and standards regarding KYC and AML/CTF, including the laws of your local jurisdiction. We will abide by our KYC and AML/CTF policies and use our best efforts to take measures and utilize relevant technologies to provide you with services in a safe and secure manner and prevent any loss due to money laundering.
You authorize us to make such enquiries, directly or through third parties, as we deem necessary to verify your identity or to protect you and/or us from fraud or other financial crime, and to take such action as we reasonably deem necessary based on the results of the enquiry . When we make these inquiries, you acknowledge and agree that your personal information may be disclosed to credit investigation and fraud prevention or financial crime agencies and that these agencies may fully respond to our inquiries. This is just an identity check and should not adversely affect your credit rating. In addition, we may require you to wait a period of time after the transaction is completed before allowing you to use additional services and/or allow you to trade beyond a certain volume limit.
If we become aware that any digital assets or funds in your account have been stolen or not legally in your possession, we may (but are not obligated to) impose an administrative freeze on the affected funds and your account. If we impose an administrative freeze on some or all of your funds or accounts, we may keep the freeze until the dispute is resolved and we receive evidence of an acceptable resolution in an acceptable form. We will not be involved in the resolution of any such disputes or disputes. You agree that we are not responsible or liable for any of the above freezes or your inability to withdraw digital assets or funds or execute transactions during the freeze period.
10. KYC and AML/CTF
Regarding KYC and AML/CTF, we:
(i) our KYC and AML/CTF policies shall be promulgated and updated to comply with the standards set forth by applicable laws, rules and regulations.
(ii) guidelines and rules related to the operation of this platform shall be promulgated and updated, and our staff shall facilitate the provision of services to you in accordance with these guidelines and rules.
(iii) should design and implement transaction monitoring procedures, including but not limited to strict identity verification procedures, and maintain a dedicated team to deal with anti-money laundering issues.
(iv) use a risk-based approach to due diligence and oversight of our users.
(v) the right to review and inspect transactions made on our platform.
(vi) the right to report to the relevant authorities transactions that we, in our sole discretion, consider suspicious.
(vii) Registration data and identification information (as defined herein) shall be retained for at least 6 years.
10.1 Identity Information
If you are an individual, we will collect certain information from you, including but not limited to your:
(i) name.
(ii) the address (and your usual residential address, if different from the address above). Your address (or address of usual residence) should be verified in the manner specified by us.
(iii) a valid email address.
(iv) date of birth.
(v) nationality.
(vi) Photographs taken with your identification document.
(vii) Official identification documents, including passports, identity cards (front and back) and other identification documents issued by the relevant authorities.
(viii) other information we may request from you from time to time.
Collectively, "Personally Identifiable Information".
In the case of a legal entity other than an individual, we will collect certain information from you, including but not limited to your:
(i) registration and establishment documents.
(ii) the articles of association or memorandum of association.
(iii) a description of the ownership structure and ownership structure.
(iv) a resolution of the board of directors which designates an authorized person responsible for your account.
(v) Identification documents of directors, substantial shareholders and authorized persons. Generally speaking, it is necessary to identify the shareholders who hold 10% or more of the voting rights of the entity.
(vi) your address.
(vii) other information we may request from you from time to time.
Collectively, "Corporate Identifiable Information" and together with Personally Identifiable Information, "Identified Information."
The identifying information we ask you to provide may vary depending on your jurisdiction, and we may also ask you to notarize copies of documents you provide to us. If your identity information is not provided in English or Chinese, we have the right to request that your identity information be translated into English and notarized.
10.2 Transaction Report
We will monitor your account activity for suspicious transactions. If we identify a suspicious transaction in relation to your account, we may suspend, stop or terminate the transaction, reverse the transaction and/or report the transaction to the appropriate authorities without notice. Any action we take in response to a suspicious transaction will not result in a breach of this Agreement.
11. Intellectual Property
All intellectual property rights related to the Platform, including but not limited to website name, goodwill, trademarks, logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combination of the foregoing, and software compilations , the related source code and software (including mini-applications and scripts) intellectual property rights ("Intellectual Property") shall be owned by us. You may not copy, modify, reproduce, transmit or use any intellectual property for commercial purposes. Your use of the Services does not grant you any rights to intellectual property rights.
Once you accept this agreement, you are deemed to have transferred all copyrights of any form of information you publish on this website to us completely free of charge, including but not limited to copyright, distribution rights, rental rights, exhibition rights, performance rights, Screening rights, broadcasting rights, information network dissemination rights, filming rights, adaptation rights, translation rights, compilation rights and other transferable rights enjoyed by the copyright owner, and we have the right to sue and obtain full compensation. This Agreement applies to any copyright-protected content that you post on this website, whether that content was created before or after the execution of this Agreement.
You may not use or dispose of our or anyone else's intellectual property rights unlawfully in your use of the Services. You may not publish or authorize other websites or media to use intellectual property in any way.
12. Rights and Obligations
Notwithstanding anything in this Agreement, we have the right, in our sole discretion:
(i) modify the information displayed on the website in the case of errors or updates.
(ii) Modify, suspend or terminate any or all services provided at any time without notice. If the above-mentioned termination occurs, it will take effect from the date of termination announced on this website.
(iii) suspend or permanently terminate your access to your account, the Platform or your use of any or all of the Services.
(iv) notify you to correct or update the information you have provided to us if we suspect or determine that the information you have provided to us is false, untrue, invalid and/or incomplete, and if you do not correct and In the case of updating relevant information, suspend or terminate the provision of services to you.
(v) remove without notice any content or information on the Platform that does not comply with applicable laws, rules or regulations.
(vi) Request information from you in accordance with applicable laws, rules and regulations. You are obligated to assist us in processing such requests.
(vii) In special circumstances such as system failures, network failures or extreme market conditions that prevent the platform from providing services, modify the services provided in order to safeguard the interests of users. You will be notified of these modifications by notice on the website.
Unless otherwise provided in this Agreement, we shall:
(i) Use necessary technical means and management measures to ensure the normal operation of the platform and provide a necessary and reliable environment for you to use the service.
(ii) maintain the provision of services to you.
(iii) ensure the security of your digital assets by enhancing our technical capabilities and strengthening our security measures.
(iv) notify you in advance of foreseeable security risks associated with your account.
13. Representations and Warranties
By agreeing to this Agreement, you represent, warrant and/or undertake that:
(i) you have not been previously suspended or excluded from using the Services.
(ii) You are of legal age and have the ability and authority to enter into this Agreement and use the Services in accordance with all applicable laws, rules and regulations.
(iii) your use of the Services and your account activity comply with all applicable laws and regulations.
(iv) all of your digital assets are legally acquired and owned by you.
(v) you are solely responsible for actions taken through your account.
(vi) you are responsible for all profits, losses or liabilities arising from your transactions and use of your account.
(vii) all information you provide to us is true, accurate and complete.
(viii) You should submit relevant reports to the competent authorities for tax purposes.
(ix) You shall refrain from engaging in any illegal activity by using the Services.
(x) You shall at all times refrain from engaging in or participating in any conduct or activity that is detrimental to the interests of the Platform, regardless of whether it is related to the services provided on this website.
(xi) You may not act in a manner contrary to the intended use of the Platform, such as facilitating the unlawful transmission of information, disseminating false information about the Platform, violating the rights of ours or other users, inviting to join a pyramid scheme, or forging and forwarding such false information to me parties or other users.
(xii) You shall not maliciously interfere with the normal operation of the platform or the use of the service by other users through technical means or other means.
(xiii) you shall not state or transmit false and defamatory information about us.
(xiv) If you have disputes with other users, you should only resort to judicial means or other government-related means to obtain information from us.
(xv) You are responsible for all fees and taxes associated with any hardware, software and other third-party services that you incur in the course of your use of the Services.
(xvi) You shall comply with this Agreement and other guidelines and rules published by us in relation to this Platform.
14. Liability and Indemnity
You understand and agree that in any of the following situations, we shall not be liable and you shall be solely responsible:
(i) loss of income.
(ii) loss of trading profits.
(iii) contract losses.
(iv) business interruption.
(v) currency-related losses.
(vi) loss or corruption of information or data.
(vii) lost opportunities.
(viii) loss of price or value of the digital asset.
(ix) the cost of purchasing products and services outside the scope of the service.
(x) any failure of software, hardware, internet connection and any distortion and delay caused thereby.
(xi) any indirect, special or incidental loss or damage arising out of any tort (including negligence) and/or breach of contract or any other cause, whether or not such loss or damage could reasonably have been foreseen by us and whether whether we have been advised in advance of the possibility of such loss or damage.
(xii) any malicious programs, such as viruses or Trojan horses, that you may encounter while using the Services.
(xiii) the information, products or businesses of third party websites linked to this website.
(xiv) the validity, accuracy, correctness, reliability, quality, stability, completeness, timeliness, suitability (including for a particular purpose), error or omission and consistency of any information or technology on the Platform losses caused by.
(xv) our miscalculation of transactions on the platform.
(xvi) Damage:
- Damage to your goodwill or reputation.
- Damages suffered by you when we have reasonable grounds to believe that your transactions and/or conduct on the Platform may involve any illegal activity or breach of this Agreemen.
- Any fees or losses arising from the purchase or acquisition of data, information or digital currency through the Services.
- Damages arising from your misunderstanding of the Services.
- Damages arising from any other loss related to the Services that cannot be attributed to us.
14.1 Limitation of Liability
Notwithstanding anything in this Agreement, our liability to you shall not exceed your total cost from 3 months prior to the occurrence of the responsible event until the occurrence of the relevant event.
We have not waived any rights not mentioned in this Agreement and will limit, exclude or offset our liability for damages to the fullest extent permitted by applicable law.
In the event of a dispute between you and one or more users of the Services (other than us), you agree that we, our affiliates or service providers and our respective officers, directors, agents, partners, Neither employees nor representatives will be liable for any claims, demands and damages (actual and incidental, direct or indirect) of any kind or nature arising out of or in connection with such disputes.
14.2 Indemnity
You agree to indemnify us, our affiliates and service providers, and our respective officers, directors, agents, employees and representatives for your breach of this Agreement and/or our enforcement of this Agreement or your breach of any law any costs (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) reasonably incurred in connection with any claim, demand or damages arising out of, rules or regulations or the rights of any third party.
14.3 Our Guarantee
The warranties and undertakings set forth in this Agreement are our sole warranties and representations with respect to the services we provide under this Agreement and through this website, and supersede any and all warranties and undertakings arising in any other manner, whether in writing or literal, express or implied. All such warranties and undertakings represent only our own warranties and undertakings and do not guarantee that any third party will comply with the warranties and undertakings contained in this Agreement.
15. Termination for Breach and Remedies
We reserve the right to terminate all services we provide to you under this Agreement at any time, and this Agreement shall terminate on the date of termination of all services. You have the right to terminate your use of our services at any time, and this Agreement shall terminate on the date you terminate your use of the services. After the termination of this Agreement, you agree that you have no right to require us to continue to provide you with services or to perform any other obligations, including but not limited to, no right to require us to retain or disclose your account information to you or any third party Disclose any information in it that has not been read or sent.
15.1 Breach of Agreement
If we discover or otherwise learn that you have violated this agreement, we have the right to cancel your project party account authentication status at any time without notice depending on the circumstances of your behavior, and decide to temporarily or permanently ban the relevant account authentication qualifications depending on the circumstances, and announce the handling. result. We also have the right to refuse to provide you with services in accordance with the provisions of this agreement and special rules. If you find anyone using this service in an inappropriate way, please complain to us immediately and we will deal with it according to law.
You understand and agree that we have the right to take appropriate legal actions against acts and persons who violate relevant laws and regulations or the provisions of this agreement according to our reasonable judgment, and save relevant information to report to relevant departments in accordance with laws and regulations. All legal liabilities arising therefrom.
You understand and agree that you shall be solely responsible for any claim, demand or loss claimed by a third party due to your breach of this agreement or the relevant terms of service, or due to your project, should also be compensated.
If you violate this Agreement or any applicable laws, rules or regulations, you shall pay us at least $2 million in damages, and bear all our costs, including any legal costs ("Indemnity"), which we incur as a result. If the compensation does not cover our losses, you shall be liable for any additional amount in excess of the compensation.
For the avoidance of doubt, the termination of this Agreement shall not prevent the non-observing party from requiring the breaching party to undertake liabilities arising outside of this Agreement.
16. Notices and Communications
Users undertake to regularly check the announcements, materials and information of the platform in a timely manner. We will not assume any responsibility or any form of compensation for your personal loss due to negligence in viewing announcements, materials and information.
17. Other provisions
17.1 Transfer
The rights and obligations stipulated in this Agreement are equally binding on the assignees, heirs, executors and receivers of both parties who benefit from such rights and obligations. You may not assign any of your rights or obligations under this Agreement to any third party without our consent, but we may transfer our rights or obligations under this Agreement at any time with 30 days' notice to you Rights and obligations are assigned to any third party.
17.2 Force Majeure
Maintenance of information network equipment, failure of information network connections, computer errors, communication or other systems, power failures, weather conditions, accidents, labor actions, labor disputes, uprisings, riots, lack of productivity or production materials, fire, floods, Storms, explosions, wars, problems with banks or other partners, the collapse of the digital asset market, government actions, actions of judicial or administrative agencies, etc., which are not under our control or beyond our control, or the reasons for third parties are not disclosed to you We do not assume any responsibility for the provision of services or delay in providing services, nor do we assume any loss you may suffer as a result.
17.3 Relationship between the Two Parties
This agreement is only binding on the rights and obligations between you and us, and does not involve legal relationships and legal disputes arising from and related to transactions between users of this website and between other parties and you.
Except as otherwise provided in this Agreement, nothing in this Agreement shall be deemed to create, imply or otherwise treat us as your agent, fiduciary or other representative.
17.4 Complete Agreement
If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable, invalid or illegal, the validity of the remaining provisions of this Agreement shall not be affected.
17.5 Amendments to the Agreement
We reserve the right to amend or modify any part of this Agreement at any time in our sole discretion. The date and time shown in the "Last Updated" section of this Agreement refers to the time at which the terms of this Agreement and any changes to this Agreement were made. The revised agreement will take effect immediately after the announcement is made on the platform. Although we have taken reasonable steps to ensure the accuracy of the information on the platform, we do not guarantee the extent of such accuracy and do not assume any loss arising directly or indirectly from the information on the platform or due to lack of connection to the network, transmission of or any loss arising directly or indirectly from any delay or failure resulting from the receipt of any notices and information.
It is your responsibility to keep yourself informed of the latest revisions to this Agreement. If you do not agree with these revisions, please stop using the service immediately. By continuing to use the service, you are deemed to agree to the terms of this agreement.
17.6 Continue to be Effective
All provisions of this Agreement, which by their nature should survive the expiration or termination of this Agreement, will continue to be binding and effective after the termination or expiration of this Agreement.
17.7 Data Protection
Your personal data will be properly protected and kept confidential, but we have the right to collect, process, use or disclose your personal data in accordance with this Agreement or applicable law.
Depending on the product or service involved, your personal data may be disclosed to the following third parties:
(i) your counterparty.
(ii) our shareholders, partners, investors, directors, supervisors, officers and employees.
(iii) our joint ventures, alliance partners and business partners.
(iv) our agents, contractors, suppliers, third party service providers and professional advisors, including providing us with administration in the areas of telecommunications, information technology, payroll, information processing, training, market research and storage , contracted providers of financial, research, operational, IT and other services.
(v) third party business partners who provide goods and services or sponsor contests or other promotions, whether or not in partnership with us.
(vi) insurance companies or insurance investigators and credit providers.
(vii) a credit bureau or any debt collection agency or dispute resolution centre (in the event of a dispute).
(viii) Professional consultants such as auditors and lawyers.
(ix) Relevant government regulators or law enforcement agencies (for the purpose of complying with laws or regulations imposed by government agencies).
(x) assignees of our rights and obligations.
(xi) Banks, credit card companies and their respective service providers.
(xii) a person identified by you or the relevant contract and with your consent.
Regarding the collection, use and storage protection of your personal information, the privacy policy published on this website shall prevail.
17.8 Export Control
Your use of the Services is subject to international export control and economic sanctions requirements. By using the Services to send, receive, buy, sell, trade or store digital assets, you agree to comply with these requirements. You may not acquire digital assets or use any services under the following circumstances:
(i) You are in or under the control of or a national or resident of Cuba, Democratic Republic of Congo, Democratic People’s Republic of Korea, Iran, Libya, Somalia, South Sudan, Sudan, Yemen or Syria, or any other country that is subject to the US embargo, UN sanctions, EU, MAS or UK Treasury financial sanctions regime ("Sanctioned Country"), or you are a person on an economic sanctions list published by the relevant authority from time to time (including but not limited to: without limitation the MAS Designated Persons and Entity List, the U.S. Department of Commerce Denied Persons List, the Unverified List, the Entity List or the European Union Financial Sanctions Regime ("Sanctioned Persons").
(ii) You intend to provide any held or stored digital assets or services to sanctioned countries (or nationals or residents of sanctioned countries) or sanctioned persons.
17.9 No Waiver
A waiver by us or you of the other party's breach of this Agreement or any other liability described in this Agreement shall not be construed or deemed to be a waiver of the other party's other breach of this Agreement. Failure to exercise any right or remedy shall not in any way be construed as a waiver of that right or remedy.
17.10 Governing Law
This Agreement and the relationship between us shall be governed by and construed in accordance with the "Should be Licensed" laws of Seychelles.
17.11 Dispute Resolution
You acknowledge and agree that prior to raising any disputes or claims, you will contact us at support@aibit.com and we will resolve the relevant disputes internally ("Internal Resolution") as soon as possible. The parties agree to negotiate in good faith to resolve any dispute (such negotiation shall be confidential and protected by applicable laws, rules and regulations and will not be used as evidence in any litigation).
You acknowledge and agree that if any dispute, dispute, disagreement or claim is not resolved through internal resolution, including any dispute relating to the existence, validity, interpretation, performance, breach or termination of these Terms or relating to or arising out of these Terms Disputes arising (collectively, "Disputes") shall be submitted by the parties to the International Chamber of Commerce International Court of Arbitration ("ICC Court of Arbitration") in accordance with the then-current ICC Arbitration Rules. The arbitration shall be conducted in Seychelles and shall be governed by the applicable law as determined in accordance with the ICC Arbitration Rules. Unless otherwise agreed by the parties, only one arbitrator shall be appointed under the ICC Arbitration Rules. The arbitrator shall have the authority to rule on its jurisdiction, including, but not limited to, challenges to the existence, scope or validity of the arbitration agreement or the arbitrability of any claim or counterclaim. The arbitration shall be conducted in English. Regardless of the arbitration method adopted, the arbitrator shall issue a reasonable written decision explaining the arbitral award and its basic findings and conclusions (if any). The arbitral award is final, binding on the parties and enforceable by any court of competent jurisdiction.
17.12 Unclaimed Property
If we hold digital assets for you, but we are unable to contact you, and there has been no record of your use of the Services for several years [more than a year], in some jurisdictions, applicable law may require us to transfer digital Assets are reported to the competent authority as unclaimed property.
We will try to contact you at the address shown in our records, but if we cannot find you, we will publish an announcement on the Aibit platform, within 6 months from the date of the announcement, if we still cannot find you You, we may be required to hand over any such digital assets as unclaimed property to competent authorities in certain jurisdictions. Where permitted by applicable law, we reserve the right to deduct dormancy fees or other administrative fees from these unclaimed funds.
17.13 Class Action Waiver
You agree that any claim relating to this Agreement (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claim arises during or after the termination of this Agreement) shall be settled in arbitration on a case-by-case basis The basis is brought against the other party, not as a plaintiff or class member in a so-called class action or representative action. You further agree to waive any right to bring, hear or arbitrate such claims as a class, collective, representative or private attorney general action, to the extent permitted by applicable law. Individual arbitrations may not be consolidated or unified into a single arbitration without the consent of all parties, including us.