This User Agreement (hereinafter referred to as the "Agreement") is entered into between you (hereinafter also referred to as the "User" or "Client") and MYBX Trading Platform (hereinafter referred to as "MYBX", the "Platform", "we", "us" or the "Platform"). This Agreement shall govern your use of the services provided by MYBX as described below (as well as other services launched by MYBX from time to time, collectively referred to as the "MYBX Services" or "Services").
By registering for and using an MYBX account or Services, or acquiring, holding or using the wrapped tokens issued by MYBX through the MYBX official website (MYBX.com), MYBX Application Programming Interface (API), MYBX mobile application or any other MYBX websites (collectively referred to as the "Platform"), you represent and warrant that you have read, understood and accepted all the terms and conditions contained in this Agreement, including our Privacy Policy.
I. Securities Disclaimer
No material or other information provided on the Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation for any transaction, nor shall it constitute an offer to purchase any product or to engage in transactions related to securities, crypto assets or other products. You further understand that no information provider, including third-party service providers, shall provide you with personalized advice regarding the nature, potential, value or suitability of any specific securities, crypto assets, securities portfolios, crypto asset portfolios, transactions or investment strategies, and any information provided is not tailored to the investment needs of any specific person.
You acknowledge that all investments in securities or crypto assets involve various risks, and discussions about any securities or crypto assets published on the Platform may not include a list or description of relevant risk factors. Please note that market conditions change rapidly; therefore, any information, content, third-party content or other materials provided through the Platform may be incomplete, outdated or superseded by updated information. You shall bear all risks associated with relying on such information for decision-making purposes.
II. Disclaimer of Professional or Investment Advice
Our Platform is not intended to provide tax, legal, insurance or investment advice, and nothing on the Platform shall be construed as an offer to sell, a solicitation to buy, or a recommendation of any securities or crypto assets by us. You shall independently determine whether any investment, security, strategy or other product or service meets your investment objectives and personal financial situation, and shall be solely responsible for such determinations and decisions. You should consult a lawyer or tax professional regarding your specific legal or tax situation.
III. Restricted Jurisdictions
MYBX does not provide products or services to users in certain specific jurisdictions, including the People's Republic of China, Singapore, the Democratic People's Republic of Korea, Cuba, Iran, and regions within Ukraine controlled by the Russian Federation (currently including Crimea, Donetsk and Luhansk regions), as well as other jurisdictions where the Platform may decide to terminate services from time to time (collectively referred to as the "Restricted Jurisdictions"). If you become a resident of any Restricted Jurisdiction, or become aware of any user located in a Restricted Jurisdiction, you shall immediately notify us.
You understand and confirm that if it is verified that you have made false representations regarding your location or place of residence, MYBX reserves the right to take appropriate measures, including the immediate termination of your account and liquidation of all open positions, to comply with these restrictions or the laws of relevant jurisdictions.
In addition, we 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 European Union’s Consolidated Financial Sanctions List or the United Kingdom’s Sanctions List, or entities in which such listed individuals or entities hold 50% or more of the equity interest (or exercise actual control) (collectively referred to as "Restricted Parties"), nor do we provide services involving or benefiting Restricted Parties. You understand that the Company reserves the right to take appropriate measures, including the immediate termination of your account and liquidation of all open positions, to comply with these restrictions or the laws of relevant jurisdictions.
IV. Risk Disclosure for Digital Asset Transactions
Before engaging in any trading activities or using our Services, you must fully understand and evaluate the risks associated with digital asset transactions; before participating in digital asset transactions, you must carefully assess your own risk tolerance.
Notwithstanding the foregoing disclosure, when using our Services, you may still be exposed to risks such as regulatory, compliance, investment return, transaction and force majeure risks. The following is a non-exhaustive list of such risks:
- Regulatory Risk: Adjustments to national laws, regulations or macro policies may affect the normal trading of digital assets, resulting in losses to MYBX users.
- Compliance Risk: If a user's digital asset trading activities violate national laws or regulations, the user may suffer losses.
- Investment Return Risk: The digital asset market is characterized by 24/7 uninterrupted trading and significant price volatility, and users may incur losses in the market.
- Transaction Risk: The success of your transfer depends on whether both parties to the transaction reach an agreement; MYBX does not promise or guarantee the success of any transfer.
- Force Majeure Risk: In the event of unforeseeable, unavoidable and insurmountable circumstances such as natural disasters, wars, strikes or cyberattacks, MYBX may be unable to operate normally, which may result in losses to users. MYBX shall not be liable for any civil liability for user losses caused by force majeure.
- Delisting Risk: If a digital asset project faces bankruptcy, liquidation or dissolution, violates national laws or regulations, or at the request of the project party, MYBX will delist the digital asset, which may result in losses to users.
- Technical Risk: Although the probability of technical failures occurring during digital asset transactions is low, such possibility cannot be completely ruled out. If a technical failure occurs, it may affect user rights and interests.
- Operational Risk: Users may face risks due to operational errors, such as transferring assets to the wrong account or violating operational rules.
- Account Freezing Risk: If a user is involved in debt fraud or accused of criminal activities, their account may be frozen or compulsorily seized by judicial authorities.
V. Eligibility and Registration
By registering for an MYBX account, using or accessing the MYBX Services, you represent and warrant that:
- If you are an individual, you have reached the legal age of majority required to enter into binding contracts under applicable law;
- Whether you are an individual, legal person or other organization, you possess full capacity for civil conduct and sufficient authorization to sign this Agreement;
- You have not been previously suspended or prohibited from using the MYBX Platform or related Services;
- You do not currently hold any other MYBX account;
- You are not located in a Restricted Jurisdiction, are not accessing the MYBX Platform or Services from a Restricted Jurisdiction, and are not acting on behalf of any individual or legal person located in a Restricted Jurisdiction;
- If you are an employee or agent of a legal entity signing this Agreement on its behalf, you represent and warrant that you have full right and authority to bind such legal entity and to access and use the MYBX Platform and Services on its behalf;
- Your use of the MYBX Platform and Services does not violate any laws or regulations applicable to you or the legal entity you represent, including but not limited to anti-money laundering, anti-corruption and anti-terrorist financing regulations.
All users must apply for an MYBX account before using the MYBX Services. When registering an account, you must provide the information required by this Agreement or otherwise requested by MYBX, and accept this Agreement, the Privacy Policy and other MYBX legal documents. MYBX reserves the right to refuse to open an account for you at its sole discretion.
You agree to provide complete and accurate information when opening an account, and to promptly update the information provided to MYBX to ensure its completeness and accuracy. Each user (including natural persons, enterprises or legal entities) may hold only one primary account at any time. Unless otherwise provided in this Agreement or other legal documents, the registration, use, protection and management of such trading accounts shall be governed by the terms of this Agreement.
Please note that legal requirements in different countries may impose restrictions on the products and services that MYBX may lawfully provide. Therefore, certain products, services and specific functions on the MYBX Platform may not be available or may be restricted in certain jurisdictions or regions, or for certain users. It is your responsibility to understand and comply with the restrictions and/or requirements imposed by relevant countries on your access and use of the MYBX Platform and Services, or that of the entity you represent. MYBX reserves the right to change, modify or add restrictions on access to and use of the Platform and/or Services from time to time at its sole discretion without prior notice.
VI. Account Security Management and User Information
You understand and agree that you are solely responsible for maintaining the confidentiality of your MYBX account and password, and shall be liable for all activities conducted under your account (including but not limited to information disclosure, information release, online click confirmation or submission of various rules and agreements, online renewal or purchase of services, etc.). You shall be fully responsible for all actions and representations made using your account and password, and agree to comply with the following terms:
- You shall set your password (including but not limited to login password, fund password, mobile phone number bound during account registration, verification codes received via mobile phone, Google Authenticator, etc., the specific forms of which may change; the same below) in accordance with the relevant rules and prompts of MYBX, and avoid selecting overly obvious words or dates as your password (such as your name, nickname, date of birth, etc.).
- You shall not disclose your account or password to any third party, nor shall you use any third party's account or password. MYBX shall not be liable for any unauthorized use of your account by a third party due to reasons not attributable to MYBX (such as hacking, virus intrusion or your own negligence).
- Without the consent of MYBX, you shall not gift, lend, lease, transfer or otherwise dispose of your account to any third party.
- MYBX identifies user instructions through your account and password. You hereby confirm that all operations performed on the Platform after logging into MYBX using your account and password shall be deemed to be your own actions. Electronic records generated by operations on your account shall be valid evidence of your actions, and you shall be fully responsible for all liabilities arising therefrom.
- After MYBX notifies you of foreseeable security risks, you shall take appropriate measures to ensure the security of your account and password.
- If any third party uses your account and password without authorization, MYBX and its legally authorized entities reserve the right to claim joint and several liability from the actual user.
If you discover that a third party has fraudulently used or stolen your account and password, or that a third party's use of your account is not legally authorized, you shall immediately notify MYBX through an effective means and request the suspension of relevant services; otherwise, you shall bear full responsibility for all consequences arising therefrom. In addition, you understand that MYBX requires a reasonable period of time to take action on your request, and MYBX shall not be liable for any losses caused by third-party use of the Services before MYBX takes action.
If MYBX, in its sole discretion, determines that there is an event that affects or may affect transaction security, it reserves the right to suspend, interrupt or terminate all or part of the Services provided to you under this Agreement, delete or remove your registration information, and recover any illegal gains you may have obtained, without notifying you and without incurring liability to you or any third party. Such events include:
- MYBX determines that the information provided by you is untrue, invalid or incomplete (for example, you registered an MYBX account using unauthorized identity information of another person, or the verification information provided by you is inconsistent with the facts);
- MYBX detects abnormal transactions in your account, or your transactions are suspicious or may be illegal;
- MYBX determines that your account is suspected of money laundering, cash-out, pyramid schemes, identity theft or other risky or illegal situations as determined by MYBX;
- MYBX detects that you have used illegal or improper technical means to engage in activities that endanger transaction security or affect fair transactions (including tampering with transaction data, stealing customer information, stealing transaction data, attacking other registered accounts through MYBX, etc.);
- MYBX determines that you have violated any term or the spirit of this Agreement;
- MYBX determines that you may be involved in, or are currently involved in, market manipulation activities such as pump and dump, wash trading, self-trading, front running, quote stuffing, spoofing, layering or other types of market manipulation;
- Other circumstances where you violate this Agreement;
- Other circumstances where MYBX, in its sole discretion and for reasons such as transaction security, deems it necessary to suspend, interrupt or terminate all or part of the Services provided to you under this Agreement (including paid services), and delete or remove your registration information.
If you decide to stop using your account, you must first settle all outstanding payments (including service fees, etc.), withdraw all withdrawable digital assets in your account (if any), apply to MYBX to freeze your account, and formally cancel your account after MYBX's review and approval.
You agree that if your account has not completed the identity verification process, MYBX reserves the right to terminate account services without prior notice to you, and may immediately suspend, close or delete your user account and all relevant data and documents in the account.
You agree that the suspension, interruption or termination of your account shall not terminate your liabilities. You shall still be liable for any breach of contract or damages that may arise from your use of the MYBX Services during the term of use; in addition, MYBX may continue to retain your relevant information.
VII. Content of MYBX Services
Notwithstanding the foregoing provisions, the MYBX Services agreed upon in this Agreement include the following:
- User Account: Upon registering for MYBX, a user account will be created for you, which will record your activities on the Platform. The aforementioned account is the sole account for you to log in to MYBX and use any services on the Platform.
- Digital Asset Trading: You may submit digital asset trading instructions through MYBX to trade digital assets in your account with other digital assets.
- Digital Asset Deposits and Withdrawals: You may transfer digital assets from other addresses to the designated address of your account, or transfer digital assets from your account to other addresses.
- Transaction Status Updates: You confirm that the digital asset transaction status confirmed by you on the Platform in accordance with the MYBX service process shall constitute an irrevocable instruction for MYBX to conduct relevant transactions or operations on your behalf. You agree that the execution time of relevant instructions shall be subject to the actual operation time recorded in MYBX's system; MYBX reserves the right to handle relevant matters in accordance with this Agreement and/or the relevant dispute resolution rules of the Platform. You shall bear full responsibility for any disputes or losses arising from your failure to modify or confirm transaction status in a timely manner, or to submit relevant applications in a timely manner, and MYBX shall not be liable therefor.
- Trading Instruction Transmission: MYBX will transmit your trading instructions and data upon your input thereof. You understand that MYBX acts solely as a matching party for digital asset transactions, and is not a buyer or seller participating in digital asset transactions, and MYBX itself does not provide any services related to the deposit or withdrawal of fiat currencies of any country.
- Transaction Inquiry: MYBX will record all your operations on the Platform (regardless of whether the purpose of the operation is ultimately achieved), and you may query such transaction records under your account in real time through your account.
- Transaction Security Settings: MYBX reserves the right to set transaction-related matters (including transaction limits, transaction hours, etc.) from time to time based on considerations such as transaction security. You understand that the aforementioned settings by MYBX may cause certain inconvenience to transactions, and you have no objection thereto.
- System Fault Handling: If MYBX detects any processing errors caused by system malfunctions or other reasons, whether such errors are favorable to MYBX or you, MYBX reserves the right to correct them. If, due to such errors, you actually receive more digital assets than you are entitled to, regardless of the nature or cause of the error, MYBX reserves the right to correct the improperly executed transaction, and you shall, in accordance with the specific requirements in the error correction notice issued by MYBX, return the excess digital assets received or take other actions. You understand and agree that MYBX shall not be liable for any losses or liabilities arising from such processing errors.
You confirm and agree that the above list of services is not exhaustive, and all services provided by MYBX or its partners are provided "as is", and MYBX reserves the right to reduce, change, cancel, terminate or modify the content of the Services at its sole discretion. Depending on the country in which you are located, the MYBX Services may differ in appearance, availability, pricing, operation methods, etc., and MYBX reserves the right to modify such services at its sole discretion and may choose whether to notify you. Each service provided by MYBX (whether currently provided, previously provided or to be provided in the future) shall be governed by separate terms contained in the legal documents, and your use of the Services shall constitute your reading and understanding of the nature of such terms.
In addition, you confirm and agree that if MYBX, in its sole discretion, determines that any of the following circumstances exists, it reserves the right to suspend providing all or part of the Services to you, or suspend your access to all or part of the Services at its sole discretion:
- You may have violated this Agreement;
- The normal operation of the MYBX Platform is at risk.
For the purposes of item (2) of this Article, the normal operation of the MYBX Platform shall be deemed to be at risk in the following circumstances:
- A computer or telecommunications network ceases to operate or cannot operate normally due to an accident;
- A force majeure event affecting the provision of services occurs;
- MYBX's assets, user assets or the Platform are subject to attempted or actual malicious attacks (which may result in consequences such as theft or loss of assets);
- An event occurs that affects the normal operation of key systems relied upon by MYBX (including pricing systems or other systems necessary for providing services);
- MYBX suspects unauthorized use of the Platform, or the existence of circumstances in violation of this Agreement or applicable laws and regulations;
- MYBX deems it necessary to conduct an investigation based on the requirements of applicable laws and regulations or to ensure the normal operation of the Platform, in its sole discretion;
- Due to a hard fork resulting in blockchain fragmentation or changes to digital assets, MYBX decides to stop processing such digital assets;
- Due to changes in applicable laws and regulations, social environment or other factors beyond MYBX's control (including but not limited to the competent authority no longer recognizing a certain digital asset as an "acceptable digital asset"), MYBX deems it impossible to continue providing services;
- Other circumstances where MYBX deems it necessary to suspend services in its sole discretion.
VIII. Service Rules
When using the MYBX Services, you agree and undertake to comply with the following provisions:
- During the use of the MYBX Services, all your activities shall comply with applicable laws, regulations, this Agreement and various guidelines of MYBX;
- Your use of the MYBX Services shall not violate public interests, public order and good customs or the legitimate rights and interests of others, including but not limited to interfering with, damaging, negatively affecting or restricting other users' use of the MYBX Services;
- You agree not to use the Services for market manipulation activities (including pump and dump, wash trading, self-trading, front running, quote stuffing, spoofing, layering, etc., whether or not such activities are prohibited by law);
- Without the prior written consent of MYBX, you are prohibited from using MYBX data for the following commercial purposes:
- Using MYBX quotes or market bulletin board information to provide trading services;
- Using any market data of MYBX to provide data feed or streaming services;
- Other websites/applications/services that charge fees or profit from obtaining MYBX market data (including through advertising or referral fees).
- Without the prior written consent of MYBX, you shall not modify, copy, reproduce, duplicate, download, store, further transmit, disseminate, transfer, disassemble, distribute, publish, remove or alter any copyright notices or logos, nor shall you license, sublicense, sell, mirror, design, rent, lease, private label, create a security interest in the relevant property or any part thereof, or create derivative works, or otherwise exploit any part of the relevant property.
- You shall not:
- Use any deep links, web crawlers, robots, spiders or other automated devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the relevant property, or copy or bypass the navigation of the MYBX Services in any way.
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