User Agreement - Yubit TradFi
1. Introduction
1.1. Certain aspects of digital asset trading involved in the TradFi Services are provided by Yubit Technology Limited.
1.2. All access to and use of the TradFi Services are subject to the following terms and conditions (the “Terms” or “Agreement”). This Agreement is entered into between you and the Company. If you (the “User”, “you” or “your”) do not agree to any of the terms or conditions of this Agreement, you must immediately cease using the TradFi Services.
1.3. By accessing or using the TradFi Services, you acknowledge that you accept and agree to be bound by the terms and conditions of this Agreement, as well as the Terms of Service and Privacy Policy, which may be amended from time to time by us (with respect to this Agreement) or by Yubit Technology Limited (with respect to the Terms of Service and Privacy Policy).
1.4. Unless otherwise defined or unless the context otherwise requires, all capitalized terms shall have the meanings ascribed to them in this Agreement:a. “Yubit Account” has the meaning set out in Clause 2.3.b. “CFD” means a leveraged contract for difference between a buyer and a seller (if selected), whereby the buyer pays the seller the difference between the opening trade price and the closing trade price of the reference asset, without purchasing or holding the reference asset.c. “Reference Asset” means a digital asset, foreign currency, or commodity.d. “Settlement” means the consideration paid by one party to the other upon the conclusion of a CFD. All CFD products are settled in USD, regardless of the currency used for deposits or withdrawals.e. “Digital Assets” under this Agreement mean Bitcoin, Ether, USDu, or other cryptocurrencies, digital assets, or digital currencies.f. “Government Authority” means any nation or government, or any province, state, or other political subdivision thereof, or any entity exercising executive, legislative, judicial, regulatory, or administrative functions of or pertaining to government, including any governmental authority, agency, department, board, commission, or instrumentality, any court, tribunal, or arbitrator, and any self-regulatory organization.g. “Personal Information” means information provided by a user that directly or indirectly identifies such user.h. “Platform” means this website, including any related applications or mobile applications.i. “Service Notifications” mean one-way notifications sent by the Company via SMS or email (which may include security-related notifications), and where applicable, website push notifications. The system sends users specific information or activity notifications related to the TradFi Services.j. “Website” means Yubit.com, operated by Yubit Technology Limited.k. “Suspicious Trading Activity” means any trading activity or conduct by you or your affiliates on the TradFi Platform, whether or not expressly communicated to you, that violates principles of fair and transparent trading or is intended to manipulate the market. Such activities include, without limitation:
any conduct intended to interfere with the free and fair operation of the market through the TradFi Services, including creating false, fictitious, or misleading trading activity;
trading or combinations of trades involving the same reference asset in the underlying market by you or your agents;
executing trades or combinations of trades to exploit abnormally wide spreads during periods of low market activity or low liquidity, including rapidly buying or selling assets using market or limit orders to profit from temporary price gaps without regard to fair trading practices or market stability;
engaging in trading strategies or trades, including the use of excessively leveraged positions, intended to exploit market gaps, news events, abnormal volatility, market closures, or certain announcements that cause temporary price dislocations;
engaging in any trading behavior deemed exploitative, dishonest, abusive, or in bad faith; or
any other conduct deemed suspicious by your affiliates.
l. “Third-Party Account” means an independent financial services account established by a user with a third-party service provider for trading purposes.m. “Third-Party Service Provider” means any third party that provides trading accounts, fiat-to-crypto trading platforms, or other financial services accounts accessible through registration and access via the Platform.n. “Third-Party Service Provider Terms” means the terms, conditions, and policies established by a third-party service provider for a third-party account.o. “USD” or “US$” means the lawful currency of the United States of America.
2.Account
2.1. To use the services on the TradFi Platform, you must create a separate TradFi account (“TradFi Account”). The TradFi Account is used to record the USDu transferred into your TradFi Account and to conduct trading activities on the TradFi Platform. A TradFi Account may be registered by any individual aged eighteen (18) or above, or by their duly authorized representative, provided that such individual or entity has read and understood the Risk Disclosure Statement, which is incorporated into this Agreement by reference and forms an integral part hereof. Each user may register only one TradFi Account on the TradFi Platform. Registering multiple TradFi Accounts constitutes a breach of this Agreement and may result in the immediate termination of the relevant TradFi Accounts.
2.2. A TradFi Account is not a bank account, and the digital assets held in a TradFi Account are not deposits or other financial products. Unless otherwise expressly permitted by the Company, no interest will be paid on any funds or digital assets held in your TradFi Account, and all digital assets held by us on your behalf are not protected or guaranteed by any governmental authority.
2.3. You may transfer USDu to your TradFi Account via the Yubit Technology Limited platform (“Yubit TradFi Account”) to fund your TradFi Account. The Platform does not charge any funding fees for TradFi Accounts.
3.Trading via TradFi Services
3.1. The TradFi Platform is a marketplace that enables you to engage in contracts for difference (“CFDs”) trading with other users. The TradFi Platform solely matches buy and sell orders submitted by users and facilitates the execution of the intent expressed in such orders. Except as expressly provided in this Agreement, neither the Company nor the Platform acts as a principal or other participant in such transactions. The Company and the Platform shall not be responsible for any disputes between users in connection with any transaction.
3.2. This also means that, when you withdraw digital assets as reference assets, you instruct your Yubit Account to convert your settlement into the relevant reference asset. For the avoidance of doubt, all CFD settlements are calculated and effected in USD, regardless of the currency used for deposits or withdrawals. Although deposits and withdrawals may be made in USDu, conversions between USDu and USD are performed automatically in order to calculate and execute settlement in fiat currency terms.
3.2A. You acknowledge and agree that all CFD settlements are denominated and executed in USD. Notwithstanding that deposits and withdrawals may be made in USDu, the Platform will automatically process all necessary currency conversions to reflect USD-denominated balances and facilitate settlement. You accept any exchange rates applied at the time of conversion and acknowledge and assume all related conversion risks, including market volatility or slippage.
3.3. The TradFi Platform automatically matches orders through third-party liquidity providers and will notify the relevant users once an order has been executed. Upon completion of matching, orders are executed and cleared immediately. You may place an order only if you fully intend to complete the transaction. You are entitled to initiate procedures through your TradFi Account to stop pre-authorized orders in order to close such outstanding orders.
3.4. You acknowledge that, even prior to order matching or execution, you may not be able to cancel or modify an order under any circumstances. We do not guarantee that any order will be modified or cancelled, and you understand and agree that, if an order cannot be cancelled or modified, you will be bound by any execution of the original order. You further acknowledge that modifying, cancelling, or replacing an order may result in over-execution or duplicate execution, and you shall be responsible for all such executions.
3.5. When we confirm an order through the TradFi Platform or by other means determined by us (whether or not you actually receive or become aware of such confirmation), you shall be deemed to have placed the order through the TradFi Platform. You understand that the TradFi Platform is capable of displaying in real time the status of all open orders and pending instructions. You further understand that you are responsible for promptly monitoring all open orders and pending instructions until the TradFi Platform confirms that such orders or instructions have been fully executed, cancelled, or rejected, and we shall bear no liability for your failure to do so. If you fail to promptly notify us of any errors in the status of your open orders or pending instructions, including the failure of the TradFi Platform to timely confirm receipt of an order after submission, we reserve the right, at our discretion, to require you to accept the transaction or to remove the transaction from your TradFi Account, with any resulting gains or losses borne solely by you. In certain circumstances, where your TradFi Account activity exceeds normal parameters, we may, at our discretion, require secondary electronic, oral, written, or other confirmation.
3.6. Your orders are subject to trading limits, which we may establish, modify, and communicate to you from time to time.
3.7. Subject to Clause 3.14, once an order has been executed, the transaction may not be reversible.
3.8. You acknowledge that, due to technical and other limitations, reference asset prices displayed on the TradFi Platform may be delayed and therefore may not reflect the current real-time market price of such reference assets. Nevertheless, you agree that the prices displayed on the TradFi Platform govern the value of your TradFi Account and your use of the TradFi Platform.
3.9. You acknowledge and agree that we cannot and do not guarantee that any order placed through the TradFi Platform will be executed at the best publicly available price.
3.10. You understand, agree, and acknowledge that you are responsible for meeting margin requirements and for ensuring that sufficient margin is maintained at all times for all positions in your TradFi Account.
3.11. You understand, agree, and acknowledge that you are responsible for making margin calls and ensuring that your TradFi Account maintains sufficient funds at all times to meet the margin requirements for any open positions, regardless of whether the Company or the TradFi Platform communicates with you regarding any outstanding margin obligations.
3.12. You understand, agree, and acknowledge that, if you fail to maintain the margin requirements for any open position, we may, at our sole discretion but without obligation, forcibly liquidate any or all positions when the balance of your TradFi Account reaches or falls below the stop-out level. Notwithstanding the foregoing, if you fail to maintain the required margin for any position, the Company has no obligation whatsoever to close or liquidate any position or to take any action in respect of any position.
3.13. You further acknowledge and agree that: a. any losses arising from the forced liquidation or closure of any open position shall be borne solely by you; and b. if we exercise any or all of our rights under this Agreement, we shall not be liable for any losses arising from forced suspension or forced liquidation.
3.14. Without the mutual consent of the relevant parties, we reserve the right to cancel, void, or suspend or terminate your TradFi Account, temporarily or permanently, if any of the following circumstances arise: a. a transaction is affected by an identifiable disruption or failure in execution, settlement, or communication systems; b. we determine, in our sole discretion, that a transaction is fraudulent, manipulative, or disruptive to other users or to the TradFi Platform; c. we determine that your conduct, whether acting alone or in concert with others, results in Suspicious Trading Activity as defined in this Agreement; d. a transaction is executed by a TradFi Account that has been compromised by unauthorized access, and we determine in good faith that cancellation of the transaction is in the best interests of the user or the TradFi Platform; e. the transaction is executed through arbitrage or exploitation of market failure or off-market rates; f. technical issues cause the transaction to fail to execute as intended; g. a liquidity provider cancels or amends the transaction; h. the transaction has been partially executed with a liquidity provider; or i. we determine that your TradFi Account, transaction, or trading activity violates this Agreement.
4.Fees
4.1. Downloading the TradFi App and registering as a user is free of charge. However, we may charge fees from time to time for certain in-app purchases and additional features.
4.2. To facilitate user access to the TradFi Platform and TradFi Services, you agree to pay a fee for each settlement transaction you initiate (the “Transaction Fee”). The current Transaction Fees can be found on the website after logging into your TradFi Account. We reserve the right to change, modify, or add fees at any time. Any such changes, modifications, or additions will become effective upon being published on the website. If you do not agree with any published changes, modifications, or additions, you should cease using the TradFi Account provided hereunder. Your continued use of the TradFi Account after the revised Transaction Fees are published constitutes your acceptance of all such changes or revisions.
4.3. Transaction Fees are payable by the trading party in each applicable transaction. Fees may be charged in USDu or other currencies from time to time.
4.4. If you believe that you have been incorrectly charged any fees, you must notify us immediately and provide any additional information relating to the relevant transaction. If you do not raise any question or objection within thirty (30) days from the date the alleged incorrect Transaction Fee first appears on any TradFi Account statement, you shall be deemed to have accepted such fees.
5.1. Yubit Technology Limited will issue each user who registers to use this website and any related applications or mobile applications with a unique set of user identification details, passwords, personal identification numbers (PINs), tokens, and any other information or devices (the “User Credentials”). To access the TradFi Services, each user will be separately issued a unique set of User Credentials for the TradFi Account created pursuant to Section 2.1.
5.2. Each user shall:a. Keep their User Credentials strictly confidential and shall not share them with any other person for any purpose whatsoever, including but not limited to initiating or executing any payment transactions involving the TradFi Account. Users must not disclose their User Credentials to any third party in an identifiable manner on any device (e.g., writing down or recording User Credentials without masking);b. Use all reasonable efforts to ensure the security of all records relating to their User Credentials, including but not limited to storing such records in secure or physical locations accessible or known only to the user, and in places where third parties are unlikely to gain access;c. Take all reasonable measures to follow any security instructions provided by us and otherwise safeguard their User Credentials, the website, or the platform from tampering or misuse, including the security measures set out in the Privacy Policy;d. Immediately notify us through any channel designated by us if:i. the User Credentials are lost;ii. the User Credentials have been disclosed to a third party or otherwise compromised; oriii. the user reasonably suspects any unauthorized use of their User Credentials; ande. Create strong passwords (e.g., using a combination of letters, numbers, and special characters and avoiding easily accessible personal information) and strong PINs (e.g., not using sequential numbers or PINs based on account IDs, dates of birth, telephone numbers, identification numbers, or any other easily accessible personal information).
5.3. Where access to the TradFi Platform is obtained by correctly entering User Credentials or through the App, the relevant user shall be deemed to have accessed the TradFi Platform. You are responsible for all actions taken through such access by any individual authorized by you to access the platform on your behalf (“Authorized Person”). The Company has no obligation to investigate or take any additional steps to verify the identity of any user or Authorized Person. The Company shall not be liable for any loss arising from the use of your User Credentials or TradFi Account by any other person. Upon receiving notice under Section 5.2(d), the Company will suspend your TradFi Account and, where reasonably practicable, promptly prevent further access to the TradFi Platform or website.
5.4. Each user shall protect all devices or systems used to access the TradFi Platform (including the App), including but not limited to installing and regularly updating browsers, security patches, antivirus software, anti-malware software, and other relevant software. Each user shall also comply with all instructions, procedures, and directions relating to the TradFi Platform and User Credentials as notified by the Company from time to time, including but not limited to risk management measures and any other measures notified on the platform login pages.
6.Prohibited Use
6.1. You may use the TradFi Platform only in accordance with this Agreement and solely for your own TradFi Account or internal business purposes. You must not sell, lease, sublicense, or otherwise make the TradFi Platform available to any third party, nor may you use the TradFi Platform as a service provider or on behalf of any third party.
6.2. You must not use the TradFi Platform, provide any information or content, or engage in any of the following activities on or through the TradFi Platform:a. Any unlawful, illegal, or unauthorized use;b. Any activity that may, in our sole discretion, constitute market manipulation, including but not limited to insider trading, spoofing, front-running, proprietary trading abuse, wash trading, quote stuffing, layering, or deception, or any conduct deemed exploitative, dishonest, abusive, or contrary to principles of good faith, whether or not prohibited by law;c. Defaming any other person;d. Posting or transmitting obscene, pornographic, or offensive content;e. Advertising or promoting any other products or businesses;f. Harassing, annoying, embarrassing, alarming, or causing distress to any other person;g. Disrupting the TradFi Platform in any manner, or engaging in discriminatory conduct based on race, gender, religion, nationality, disability, sexual orientation, or age;h. Infringing upon any copyright, trademark, trade secret, or other proprietary rights of any other person;i. Restricting or inhibiting any other person’s use of the TradFi Platform, including but not limited to hacking or defacing any part of the TradFi Platform;j. Disabling, damaging, or altering the functionality or appearance of the TradFi Platform;k. Framing or mirroring any part of the TradFi Platform without our prior written authorization;l. Using any robot, spider, scraper, crawler, search/retrieval application, or other manual or automated device or process to download, retrieve, index, data-mine, scrape, harvest, or otherwise copy content from the TradFi Platform, or to circumvent its navigation structure or presentation;m. Collecting or harvesting information about other users without their explicit consent;n. Sending unsolicited or unauthorized advertising, spam, or chain letters to other users of the TradFi Platform;o. Opening multiple accounts unless expressly permitted by the TradFi Platform or authorized by us in writing;p. Engaging in frequent or intensive trading using unauthorized software or trading tools with or without the TradFi Platform;q. Transmitting any content that contains software viruses or other harmful computer code, files, or programs; orr. Advocating, promoting, or assisting any violence or illegal activity.
6.3. You understand and agree that the information and services provided by the Company are not intended for, and may not be used by, any person or entity in any jurisdiction where such provision or use would violate applicable laws or where we are not authorized to provide such TradFi services. We do not provide services or products to users in certain jurisdictions, including but not limited to the United States, Mainland China, Hong Kong, Singapore, Canada, France, the United Kingdom, North Korea, Cuba, Iran, Uzbekistan, regions of Ukraine controlled by Russia (including Crimea, Donetsk, and Luhansk), Sevastopol, Sudan, and Syria, or any other jurisdiction where we may, from time to time, determine to suspend or terminate services (the “Excluded Jurisdictions”).If you become a resident of any Excluded Jurisdiction, you must notify us immediately. You acknowledge and agree that if it is determined that you have misrepresented your residence or location, we may take any appropriate action permitted under applicable law, including the immediate termination of any TradFi Account and the forced closure of any open positions.We also do not provide services to individuals or entities listed on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List, the EU Consolidated Financial Sanctions List, the UK Sanctions List, or any other sanctions list we may designate from time to time, nor to any entity owned or controlled (fifty percent (50%) or more) by such persons or entities (collectively, “Prohibited Parties”), or provide services that involve or benefit such Prohibited Parties. You acknowledge that we may take any appropriate action in accordance with these restrictions or applicable laws, including immediate termination of any TradFi Account and closure of all open positions.
6.4. We reserve the right, but have no obligation, to edit, remove, delete, or block any information or content that violates this Agreement, at our sole discretion.
7.Authorized Persons
7.1. Each user, and any person authorized to access and use this website (including the App) and the Platform on behalf of the user (each, an “Authorized Person”), acknowledges that they have received, read, and accepted this Agreement. By appointing any Authorized Person to access the TradFi Platform and TradFi Account on the user’s behalf, the user represents and warrants that such Authorized Person has been duly authorized to: (i) access and use the TradFi Platform on behalf of the user and, where applicable and technically feasible, exercise the same powers granted to the user under any relevant power of attorney, with the TradFi Platform providing services equivalent to those available to the user through other channels; (ii) accept any amendments or modifications to this Agreement on behalf of the user; and (iii) apply for or subscribe to any TradFi Platform services that require a separate application or subscription.
7.2. Each user shall ensure that every Authorized Person acting on their behalf is aware of, agrees to, and complies with this Agreement and all applicable third-party service provider terms. The user shall be fully responsible for all acts, omissions, and any non-compliance of any Authorized Person in connection with access to and use of the Platform and any transactions conducted through the TradFi Account.
7.3. Each user shall fully indemnify and hold harmless the Company and its subsidiaries, affiliates, officers, directors, employees, agents, and representatives from and against any and all liabilities, costs, claims, losses, expenses (including, without limitation, legal fees), and damages arising out of or in connection with: (i) any breach of this Agreement by an Authorized Person; and (ii) any claim or legal action brought by an Authorized Person against the Company.
7.4. You represent, warrant, and confirm that you have obtained the consent of each Authorized Person to collect, use, transfer, disclose, and otherwise process such Authorized Person’s personal information in accordance with this Agreement, the Terms of Service, and the Privacy Policy.
8.Provision of Materials and Information
8.1. By choosing to use the TradFi Services, each user acknowledges that:a. the Company is under no obligation to provide any offering materials, term sheets, market data, research reports, product or service documentation, or any other information relating to any products and/or services provided by the user (collectively, the “Materials”); andb. any Materials provided are for the user’s personal use only and may not be further distributed without the prior written consent of the Company.
8.2. You acknowledge that neither the Company nor the TradFi Platform acts as your investment advisor or fiduciary. You further acknowledge that any Materials provided or made available in connection with the TradFi Services do not constitute advice, recommendations, or invitations by us to engage in any specific transaction, nor do they represent any determination that a particular transaction is suitable for you.
8.3. You acknowledge that we are under no obligation to verify, correct, complete, or update any Materials displayed on the TradFi Platform. Materials, including but not limited to market data, quotations, news, and research, may be prepared by information providers independent of us. We do not guarantee that any Materials are accurate, complete, or up to date. Before making any investment decision, you should conduct your own research and analysis or consult an investment advisor. Any use of or reliance on the Materials is at your own risk. We have no obligation to notify you of any technical issues encountered when accessing the Platform or the TradFi Platform.
8.4. You may access information regarding your digital asset balances and TradFi Account status on the TradFi Platform at any time (subject to downtime). You may review all transactions conducted within the past one (1) year, or such other period as we may determine from time to time, including open orders, positions, deposits, and withdrawals. You are also entitled to obtain receipts, trade confirmations, or other transaction records. Nothing contained in any transaction record shall be deemed a valuation. You acknowledge that errors may occasionally occur, and such errors shall not affect the actual manner or outcome of any transaction. Any transaction reflected in statements or other communications provided to you shall be deemed authorized, accurate, approved, and confirmed by you unless we receive written notice to the contrary within three (3) calendar days from the date such notice is sent or posted on the TradFi Platform.
8.5. Due to regulatory restrictions, certain content and information displayed on the TradFi Platform may not be available or offered for sale to residents of certain countries or regions, or to specific categories of investors.
9.Service and Other Notices
9.1. The use of Service Notices involves communications transmitted through unsecured communication networks. You must provide us with a complete and accurate email address or telephone number so that we may send you service notices (“Service Notices”). To ensure that you receive all communications, you agree to promptly update your email address and notify us immediately of any changes. Any communication sent to the email address on record shall be deemed valid. If any email communication is returned as undeliverable, we reserve the right to restrict your access to the TradFi Platform until you provide and confirm a new valid email address. If you provide us with multiple email addresses or telephone numbers, you must designate a preferred contact method for receiving Service Notices (“Contact Details”). If your account is a joint account, you must inform us whether Service Notices should be sent to a specific account holder or to all account holders.
9.2. You agree to receive notices relating to the TradFi Platform, your TradFi Account, and this Agreement via Service Notices. You agree that such Service Notices shall constitute valid notice and shall replace any written, postal, or other forms of notice required under applicable law.
9.3. You are solely responsible for monitoring the relevant email account or telephone number, without the need for additional reminders or repeated notifications. You must immediately report any unauthorized use of or access to the TradFi Platform.
9.4. To the fullest extent permitted by law, you acknowledge that we shall not be liable for any loss or damage arising from the use of Service Notices. We make no representations or warranties, and assume no responsibility, as to whether any information provided via Service Notices is current, accurate, or complete.
10.Market Makers
10.1. We may appoint one or more market makers, who may be affiliated with us, to act as liquidity providers for the TradFi Platform. You understand and agree that such market makers may be entitled to preferential terms or rates in connection with the services they provide.
11.Platform Use Disclaimer and Risks
11.1. The TradFi Platform, including all content (including third-party content), features, and any related services, is provided on an “as is” and “as available” basis. Use of the TradFi Platform is at the user’s own risk, and no representations or warranties are made. We do not guarantee that the TradFi Platform on the TradFi App, or any part thereof, will be available or accessible at all times.
11.2. The use of the TradFi Platform involves risks arising from downloading, installing, or using the TradFi Platform, as well as from reliance on third parties (such as distribution platform providers, network providers, and device manufacturers), including but not limited to:a. disclosure of your personal information or other data to third parties, and your relationship with third-party service providers;b. system interruptions, security-related restrictions, unauthorized removal of device security limitations, or other disruptions that may result in service unavailability; andc. misuse caused by malware manipulation or unauthorized access, including loss or theft of devices used to access the Website, Platform, or TradFi Platform.You further acknowledge that you have received, read, and understood any applicable risk disclosure statements and fully understand the potential risks associated with accessing or using the TradFi Platform and trading via a TradFi Account.
11.3. If the operating system or manufacturer-designed security features of any device on which the TradFi Platform is installed (including “jailbroken” devices) are modified at any time, we reserve the right to block or disable use of the TradFi Platform on such devices. Accordingly, we do not guarantee that the TradFi App will function properly on modified devices or on older devices that no longer meet the technical requirements for accessing or using the Website, Platform, or TradFi Platform.
11.4. To the maximum extent permitted by law, the Website, Platform, and TradFi Platform expressly disclaim all warranties, conditions, or terms, whether express, implied, statutory, or otherwise, including but not limited to warranties, conditions, or terms relating to quality, merchantability, fitness for a particular purpose, or uninterrupted or error-free access.
11.5. No express or implied representations or warranties are made regarding the accuracy or completeness of any information provided through the TradFi Platform.
11.6. Each user acknowledges and accepts the risks associated with internet transactions conducted over open systems accessible to the public, and acknowledges that, despite data encryption, communications between the user’s personal computer or mobile device and the TradFi Platform may be visible. We may also use servers and other computer hardware located in any jurisdiction worldwide to provide any part of the TradFi Services.
11.7. We shall not be liable for any loss or damage arising from transmission errors, technical failures, malfunctions, business interruptions, or unlawful interference with transmission networks or IT systems/computers by users or any third parties, including systems in the public domain.
12.Intellectual Property
12.1. All rights, title, ownership, and intellectual property in and to the Website and the Platform are owned by Yubit Technology Limited or its licensors. Nothing contained on the Platform or the TradFi Platform shall be construed as granting any user any license or right to any rights, title, ownership, and/or intellectual property of Yubit Technology Limited or any third party, whether by estoppel, implication, or otherwise.
12.2. The TradFi Platform may provide access to content, information, quotes, videos, images, or other materials supplied by certain third parties (“Third-Party Content Providers”) (“Third-Party Content”). We do not endorse, recommend, or assume responsibility for verifying the accuracy, validity, or completeness of any Third-Party Content made available through the TradFi Platform. Your use of or reliance on such Third-Party Content is at your own risk. All rights, title, ownership, and intellectual property in Third-Party Content remain with the respective Third-Party Content Providers. Nothing on the TradFi Platform shall be construed as granting any user any license to any rights, title, ownership, and/or intellectual property of any Third-Party Content Provider, except as expressly set forth in this Agreement.
12.3. Subject to your compliance with this Agreement, you may download and access the Website on a single mobile device and access the TradFi Platform using properly issued user credentials. All other rights in and to the TradFi Platform are reserved by the Company. If you breach this Agreement, we reserve the right to immediately terminate your access to and use of the TradFi Platform.
12.4. You agree that you should not:a. modify, adapt, copy, translate, or create derivative works of the TradFi Platform, or any data or content made available through the TradFi Platform (including Third-Party Content), or attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the TradFi Platform;b. remove any copyright notices, trademarks, legends, logos, or product identifiers from the TradFi Platform;c. without authorization from the Company, edit, modify, filter, truncate, alter the sequence of, remove, obscure, or minimize any information or any part of the TradFi Platform in any manner; ord. use the TradFi Platform or any logos, trademarks, or brand names of Yubit Technology Limited for any commercial purpose.
12.5. Each user authorizes the Company to use and/or transfer to its affiliates any information or content provided by the user or processed in connection with the use of the TradFi Services (including, without limitation, personal information, geographic information, and device information) for the purposes of providing services or products on the TradFi Platform and ensuring the secure operation of the TradFi Platform.
13.Release
13.1. To the fullest extent permitted by applicable law, you hereby release, acquit, and forever discharge us, our parent companies, affiliates, and subsidiaries, and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunications providers, and agents (collectively, the “Released Parties”) from any and all allegations, charges, claims, liabilities, causes of action, losses, and damages, of any kind or nature, whether known or unknown, arising out of or in any way related to:
your use of the TradFi Services, the TradFi Platform, any TradFi Account,
any services or Third-Party Content provided through the Website, the TradFi Platform, or any related application or mobile application.
This release includes, without limitation, claims relating to negligence, gross negligence, intentional interference with contractual or advantageous business relationships, defamation, privacy, publicity, misrepresentation, false identity, fraud by third parties, invasion of privacy, disclosure of personal information, transaction failures, purchases or functionality of the TradFi Platform, Website unavailability, or the unavailability of the TradFi Platform, Third-Party Content, or any TradFi Account, as well as any technical failures that may result in an inability to access the Website, the TradFi Platform, Third-Party Content, or any TradFi Account.This release further includes claims arising from or relating to tortious acts encountered or suffered by you through the Website, the TradFi Platform, Third-Party Content, or any TradFi Account, including but not limited to fraud, computer hacking, theft or misuse of personal information, assault, battery, stalking, sexual assault, cheating, perjury, manslaughter, or murder.The foregoing list is illustrative and non-exhaustive, and does not limit the scope or categories of claims released herein. This release shall be interpreted broadly in favor of the Released Parties, and any ambiguity shall be resolved to provide the maximum possible waiver of claims. You acknowledge that this release is legally binding, and that you fully understand the nature and extent of the rights you are waiving under this provision.
14.Indemnification and Limitation of Liability
14.1. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims (including third-party claims), actions, losses, liabilities, expenses, costs, or demands, including but not limited to legal and accounting fees, whether direct or indirect, arising out of or related to: (i) your (or any person authorized by you, including but not limited to any governmental authority or counterparty) use, misuse, or inability to use the Website, the TradFi Platform, any TradFi Account, or any content, including any Third-Party Content contained therein or any content or information you provide to the TradFi Platform; or (ii) your breach of these Terms or any Third-Party Service Provider Terms (including documents expressly incorporated by reference and forming part of these Terms or such Third-Party Service Provider Terms), including but not limited to participation in Suspicious Trading Activities as defined herein.
14.2. We will notify you of any such claim or action by email, mail, or other appropriate means, and you agree to reasonably cooperate (at your own expense) in the defense of such claim or action. We reserve the right, but have no obligation, to participate in the defense of any such claim or to select our own legal counsel.
14.3. To the maximum extent permitted by law, in no event and under no legal theory (whether tort, contract, strict liability, or otherwise) shall we be liable for any damages of any kind, whether direct, indirect, incidental, special, or consequential, arising out of or related to the use, misuse, or inability to use the Website, the Platform, the TradFi Platform, any Third-Party Content, or any TradFi Account. This includes, without limitation, damages for trading losses, loss of information, business interruption, loss of profits, loss of savings, or data loss, or any liability under any contract, negligence, strict liability, or other theory, whether arising from or related to the Website, Platform, TradFi Platform, Third-Party Content, or any TradFi Account, or any claim or demand brought by any third party, even if we knew or had reason to know of the possibility of such damages. Certain jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations or exclusions may not apply to you.
14.4. In any event, regardless of the form of action or damage suffered, our total liability shall not exceed the greater of: (a) the total fees paid by you to us in connection with the TradFi Platform; or (b) US$10,000.14.5. We shall not be liable for any failure or delay in performing any obligation under this Agreement due to events beyond our reasonable control, and the time for performance of such obligations shall be extended for the duration of such events. Such events include, without limitation: **acts of God, war, riots, arson, embargoes, civil unrest, strikes, labor disputes, equipment failures, banking failures, cryptocurrency market crashes or volatility, credit or debit card processing failures, fires, floods, earthquakes, hurricanes, tropical storms or other natural disasters, shortages of labor or materials, transportation shortages, shortages of facilities, fuel or energy, government regulation or restrictions, acts of civil or military authority, terrorism, fiber cuts, weather conditions, third-party breaches or failures, technical issues (including hardware or software failures), telecommunications or information service infrastructure failures, hacking, computer spam or malfunctions, intentional damage or disruption of servers or software, theft, telephone service interruptions, power outages, internet outages, viruses, and mechanical, power, or communication failures.
15.Suspension or Termination (in Whole or in Part)
15.1. Either you or we may, at any time and in accordance with this Agreement, suspend or terminate access to the TradFi Platform, in whole or in part. In addition, if any user breaches any provision of this Agreement or Section 1TradFi.2, we reserve the right, at our sole discretion and without prior notice, to immediately suspend or terminate access to the TradFi Platform. Upon termination of your TradFi Account, your access to the TradFi Platform shall automatically terminate. Sections 4–9 and Sections 11–18, as well as any claims arising from a breach of this Agreement, shall survive termination.
15.2. We may, at any time and at our sole discretion, restrict, suspend, or terminate the TradFi Services, the TradFi Platform, the Platform, or any TradFi Account, or issue a warning to you (including terminating a TradFi Account or specific functions thereof, such as uploading, receiving, sending, and/or withdrawing digital assets), if:a. we consider it necessary or desirable to protect the security of any Yubit Account and/or TradFi Account; b. any transaction is determined by us, in our sole discretion, to: i. violate this Agreement or the security requirements of any Yubit Account and/or TradFi Account; or ii. involve suspicious, unauthorized, or fraudulent activity, including but not limited to money laundering, terrorist financing, fraud, or other illegal activities; c. we believe that your actions (whether alone or in concert with others) constitute Suspicious Trading Activities as defined in this Agreement; d. we know or suspect that any digital assets or funds held in your Yubit Account and/or TradFi Account may be connected to proceeds of crime or are not lawfully owned by you; e. you become insolvent, subject to liquidation, winding-up, bankruptcy, administration, receivership, or dissolution, or where we reasonably believe there is a threat related to you; f. we are unable to verify or authenticate any information you provide; g. we believe your conduct may expose you, the Platform, the TradFi Platform, or other users to legal liability; h. we decide to cease operating, or otherwise discontinue, the Platform and/or the TradFi Platform or any services or features provided therein; i. there is a change in your circumstances (including a deterioration or change in your financial condition) that we consider material to the continuation of your TradFi Account; j. we are instructed to do so by any governmental authority; k. applicable law requires us to do so; l. a disruptive market event occurs that results in the suspension of trading; or m. we otherwise decide, at our sole discretion, to suspend or terminate the TradFi Services, TradFi Accounts, the Platform, or these Terms.
15.3. We are under no obligation to disclose to you the grounds or reasons for any suspension, termination, or freezing of a TradFi Account or any digital assets therein, or for any other measures taken in connection with the Website, the TradFi Account, the TradFi Platform, or the Platform.
15.4. Neither the Company, the Platform, nor any third party acting on their behalf shall be liable to you for any suspension, restriction, or termination of a TradFi Account, or for any limitation on your access to any part of the TradFi Platform or the Platform under this Agreement. For the avoidance of doubt, where your TradFi Account or access to the TradFi Platform or any part of the Platform is suspended, restricted, or terminated (whether temporarily or permanently) due to a breach of this Agreement or pursuant to Section 15.2, including participation in Suspicious Trading Activities, the Company reserves the right to recover any resulting losses and/or invalidate any transactions and associated gainsmade by you or your affiliates.
15.5. Without our prior written consent, if your access has been terminated, you must not attempt to re-access the TradFi Platform or the Platform, whether using the same or a different username.
15.6. Where any transactions on a TradFi Account are subject to termination procedures, the Company may notify your transaction counterparties of the proposed termination.
15.7. Where a TradFi Account is suspended or terminated due to fraud investigations, regulatory investigations, or breaches of these Terms, we will place all assets, funds, and user data/information under full custody. We shall not be liable for any loss or damage suffered by you, your Authorized Persons, or any third party arising from delays, transmission errors, technical failures or defects, malfunctions, illegal intrusions or interference with information or services provided, or from the failure or delay in completing any order or transaction through any TradFi Account. Likewise, we shall not be liable for any loss or damage arising from delays in availability, technical failures, or interruptions of the Website, the TradFi Platform, the Platform, any Yubit Account, or any TradFi Account (including downtime required for system maintenance).
16.Records and Statements
16.1. All calculations and records maintained by the Company’s systems in relation to the TradFi Platform and any TradFi Account, including but not limited to transaction histories and account balances of any TradFi Account, shall be final and binding on each user. Each user agrees that such records shall be admissible as evidence and further irrevocably waives any right to challenge or object to the admissibility, reliability, accuracy, or authenticity of such records solely on the grounds that they are generated, produced, or stored by a computer system or presented in electronic form.
17.General
17.1. This Agreement, together with any other policies incorporated herein, constitutes the entire and exclusive agreementbetween you and the Company with respect to the subject matter hereof, and supersedes all prior or contemporaneous written or oral agreements, representations, warranties, and understandings relating to such subject matter.If any provision of this Agreement is held to be illegal, invalid, or unenforceable for any reason, such provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.Except as expressly provided herein, this Agreement may not be amended, waived, or modified except by the Company. You may not assign, transfer, delegate, or sublicense this Agreement, or any rights, obligations, or remedies hereunder, without our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void.Any waiver by either party of any breach of this Agreement shall not be deemed a waiver of any prior or subsequent breach.Any headings, subheadings, or section titles contained in this Agreement are inserted for convenience only and shall not affect the interpretation of any provision of this Agreement.
18.Governing Law and Dispute Resolution
18.1. These Terms shall be governed by and construed in accordance with the laws of Singapore.
18.2. Any dispute arising out of or in connection with this Agreement or the TradFi Services, including any question regarding its existence, validity, or termination, shall be finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the SIAC Arbitration Rules in force at the time, which rules are deemed to be incorporated by reference into this clause.The arbitral tribunal shall consist of one (1) arbitrator. The language of arbitration shall be English. The seat of arbitration shall be Singapore.Any arbitral award shall be final and binding and may be enforced in any court of competent jurisdiction. Pending the issuance of the arbitral award, the parties shall continue to perform their respective obligations under this Agreement in a timely manner.
19.Contact Us
19.1. You may contact the Company regarding this Agreement or the TradFi Services through this form.
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