Terms of Service

Last updated: November 1, 2023

Thank you for visiting Bingx-hg.com. By browsing, visiting or using Bingx-hg.com and related mobile applications (collectively, the "BingX Platform"), you (the "User" or "you") agree to these Terms of Service (these "Terms"), so please read them carefully.

1 Preface

1.1 By clicking the "Create Account" button or accessing the BingX platform, we will provide you with access to and use of our trading platform through software, API (application program interface), technology, products and/or functions. A description of the services we provide is set out in clause 4 of these Terms. A list of defined terms and their meanings are set out in clause 22 of these Terms.

1.2 As set forth in these Terms, you agree to be legally bound by these Terms and all Terms incorporated by reference. If you do not agree to be bound by these Terms, please do not access or use the Service. Certain terms in these Terms will be different depending on whether you are a user of the BingX Bahamas, BingX Hong Kong, BingX Brazil, BingX Singapore or Aux Cayes services. In such cases, the relevant terms will specify which users the terms apply to.

1.3 To the maximum extent permitted by applicable laws and regulations and subject to Article 16, we have the right to change or modify these Terms and any policies or guidelines on the BingX platform at any time at our sole discretion.

1.4 To the maximum extent permitted by applicable laws and regulations, you agree to waive any right to receive specific notice of these changes or modifications. Your continued use of the Platform will be deemed to be your agreement to these changes or modifications. If you do not agree to the current terms when accessing or using this platform, you must stop using our services. We recommend that you review the Terms frequently to ensure that you understand the terms and conditions that apply to your access to and use of the Services. If you have any questions about the use of the BingX platform, please contact the Help Center.

1.5 These Terms and any terms expressly incorporated herein apply to your access to and use of any services we provide. These Terms prevail and do not alter in any way the terms or conditions of any other agreement you may have with us for our products, services or otherwise. If you use the Service on behalf of a legal entity, you represent and warrant that (1) that organization is a legally established and valid entity that complies with local laws and regulations, and (2) you have the authority to accept these Terms on behalf of that entity. If you breach these Terms, that entity agrees to be responsible to us for your actions.

1.6 You should read these Terms and any related documents very carefully. If you do not understand anything about these Terms and any documents involved here, you should discuss it with us and seek the necessary clarification.

1.7 Unless otherwise stated, any formal communication with you will be by email. Documents will be sent to you by email and you should seek to send documents to us in the same way. Please visit the Help Center for assistance.

1.8 Unless otherwise agreed, any communication with you will be in English. If there is a discrepancy between the English version of these Terms and any related communication in English, and any translated version of these Terms or any communication (where applicable) in another language, the English version shall prevail.

2 Eligibility and prohibited scope of using our services and business

2.1 This service is only available to natural person users aged 18 or above. If you are a natural person, by accessing or using our Services, you represent and warrant that you are at least 18 years old. If you register to use the Services on behalf of a legal entity (such as a company or institutional client), you represent and warrant that such legal entity is duly organized and validly exists in accordance with the applicable laws of its organizational jurisdiction; and that you are duly authorized by such legal entity to act on its behalf. The legal entity also agrees to be responsible to us if you violate these terms, and you have not previously been suspended or terminated by BingX from your use rights or services on the BingX platform. You also represent and warrant that you are not listed on or on behalf of any trade or economic sanctions list of any authority, including but not limited to: Terrorism and Terrorist Financing - Islamic State of Iraq and the Levant (Daesh), Al-Qaeda, The Taliban and associated individuals, groups, undertakings and entities, any individual or entity designated by the United Arab Emirates (the "Local Terrorism List"); and Financing the proliferation of weapons of mass destruction (WMD) - Democratic Peoples Republic of Korea: Nuclear Related , other weapons of mass destruction-related and ballistic missile-related programs; Islamic Republic of Iran: nuclear program; and other sanctions lists, including but not limited to: United Nations Security Council, European Union, Monetary Authority of Singapore, Hong Kong Monetary Authority, Hong Kong Customs, Sanctions lists of the U.S. Department of the Treasurys Office of Foreign Assets Control and other administrative enforcement agencies. You agree to provide written evidence of your compliance with this clause 2.1 as soon as reasonably practicable when requested by us.

2.2 In addition, we will not provide this service in all countries or regions, and will provide some or no services to users in certain restricted areas. The restricted areas currently include Hong Kong (specifically referring to the derivatives-related services we provide), Belgium , Cuba, France, Iran, Japan, North Korea, Crimea, Malaysia, Singapore (specifically in relation to the margin and derivatives-related services we provide), Syria, the United States, including all U.S. territories such as Puerto Rico and American Samoa , Guam, Northern Mariana Island, and the U.S. Virgin Islands (St. Croix, St. John, and St. Thomas), Ireland, the Bahamas, Canada, the Netherlands, the United Kingdom (specifically with respect to derivatives we provide to retail users product-related services), Bangladesh, Bolivia, Donetsk, Luhansk and Malta. The contents of these Terms shall not be excluded by the laws of the country or region where the user belongs. Therefore, if you do not meet these requirements, please do not use our Services. Residents of Belgium, France, Ireland, Japan, the Bahamas and the Netherlands are not allowed to open a new account on BingX or access services if they have not yet opened an account.

3 Prohibited Business

3.1 The use of our Services for any of the following categories of activities or businesses ("Prohibited Business") is prohibited, and we reserve the right to monitor your transactions or accounts at any time in connection with any of the following Prohibited Business:

(a) Unlicensed money services businesses, including but not limited to payment service providers, sales of money orders or cashiers checks, or any money transfer activities;

(b) It is prohibited to interact with banks or financial institutions that have no physical presence in any country (i.e., prohibited “shell banks”) or to engage in activities that violate or may cause BingX Bahamas, BingX Hong Kong, BingX Brazil, BingX Singapore or Aux Cayes (as applicable) ) enter into any business relationship with a bank or financial institution that provides financial activities or services in violation of any laws, regulations or other legally authorized financial activities or services that apply to us or that apply to the relevant regulated financial services or activities;

(c) Adult content and services, including but not limited to pornography and other obscene material of any kind (including literature, graphics and other media) and the provision of any sex-related services (such as prostitution, escorts, pay-per-view and adult live Chat function) website;

(d) Deceptive marketing and false advertising services;

(e) Religious and/or spiritual organizations;

(f) Unauthorized sale of weapons of any kind, including but not limited to firearms, ammunition, knives, explosives or related accessories;

(g) Certain regulated products and services, including, but not limited to, cannabis dispensaries and related businesses; sales of tobacco, e-cigarettes, and e-liquids; online prescription or pharmaceutical services; age-restricted goods or services; toxic, easily accessible products; flammable and radioactive materials;

(h) Counterfeit drugs - companies that manufacture and/or sell drugs that have not been tested or approved;

(i) Drugs and drug paraphernalia, including, but not limited to, the sale of narcotics, controlled substances, and any equipment used in the manufacture or use of drugs, such as bongs, vaporizers, and hookahs;

(j) Gambling activities, including, but not limited to, sports betting, casino games, horse racing, greyhound racing, lotteries, games of chance, sweepstakes, games of skill that may be classified as gambling (such as poker), or other activities that facilitate any of the foregoing;

(k) Money laundering, fraud, terrorist financing or any other type of financial crime;

(l) Ponzi scheme, pyramid scheme or multi-level marketing scheme of any kind;

(m) goods or services that infringe or violate any copyright, trademark or proprietary right under the laws of any jurisdiction;

(n) Installment payment system or annuity;

(o) Counterfeit or unauthorized merchandise, including, but not limited to, the sale or resale of counterfeit or “novelty” identification documents and the sale of illegally imported, exported, or stolen goods or services;

(p) False trading, front-running, insider trading, market manipulation or other forms of market fraud or deception;

(q) Purchase goods of any kind from hidden services or "dark web" markets or any other service or website that acts as a marketplace for illegal goods (even though the marketplace may also sell legitimate goods);

(r) any other matters, goods or services that we determine from time to time to be unacceptable or of high risk and may, for example, be subject to restrictions by us and your bank or payment partner;

(s) any violation that may violate or assist in the violation of any law, code, ordinance or regulation, sanctions scheme implemented in any country in which we operate, or any other illegal activity that may involve the proceeds of any illegal activity;

(t) Shell banks or financial institutions that have shell bank customers;

(u) The entity owning the bearer shares;

(v) Defense industry, firearms and ammunition manufacturers;

(w) Nuclear energy;

(x) Restricted financial services, including but not limited to credit repair, debt settlement, refinancing, bail bonds, collection agencies; or

(y) Trade or business involving ivory and protected species.

3.2 If we learn or have reason to suspect, in our sole discretion, that your account is or may be associated with any of the prohibited businesses listed above, we will consider it to be in breach of these Terms and may immediately suspend or terminate your account, and/or block trade or freeze your funds without prior notice, and we reserve the right to report any such suspicious or effectively prohibited business to law enforcement agencies.

4 Our services

4.1 We provide users with the ability to hold and trade digital assets (such as "digital assets" as defined below, or also known as virtual financial assets, cryptographic tokens, digital tokens, and/or cryptocurrency) and digital assets. An online trading platform for derivatives linked to an asset or its index. Users may request to withdraw their digital assets at any time, subject to the restrictions of these Terms.

4.2 We provide users with the following trading services:

(a) An order matching platform that automatically matches users’ transactions with other users’ open orders for digital assets or digital asset-linked products based on pre-set criteria:

(b) Spot services that allow you to trade one type of digital asset for another type of digital asset with other users through an order matching system. You will not be able to pre-identify or transact with pre-identified users. Likewise, an order may be partially filled or filled by multiple matching orders from different users.

(c) Additional services that allow you to trade with other users derivatives linked to digital assets or indices composed of them. These transactions are conducted through a platform that automatically matches user transactions on digital assets and digital asset-related products with other users’ open orders based on established criteria. You will not be able to pre-identify or transact with pre-identified users.

4.3 To the extent permitted by applicable laws and regulations, we may, at our sole discretion, allow the use of deposits when using some of our services. The margin and leverage parameters allowed for each product are determined at our sole discretion and are subject to change based on actual market conditions and depend on the type of service, asset type and amount of collateral used in the transaction. Eligible users can select the margin amount or leverage they wish to use within this parameter (depending on the parameters we provide). When using margin, the user acknowledges that, under any circumstances, the use of margin and other leveraged products is high risk and may result in losses greater than the funds in their account and may require the liquidation of their assets, as applicable to each margin product. stipulated in the terms. The specific amount of leverage allowed for each product can be found referenced at the following link:

(a) Leverage margin

(b) Perpetual Contract Margin

(c) Delivery contract margin

(d) Option contract margin

4.4 Other services include but are not limited to:

Service interruption, data loss and other losses and risks that may be caused by certain reasons, defects in third-party services, actions of the government or government agencies, etc.

4.14 When the BingX platform cannot operate normally due to the following conditions, which prevents users from using various services or placing or canceling orders normally, we will not be liable for damages. This situation includes but is not limited to:

(a) System shutdown and maintenance period announced by Ouyi BingX platform;

(b) Telecommunications or network equipment problems;

(c) Force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, and terrorist attacks;

(d) Any other problems, including hacker attacks, computer virus intrusions or outbreaks, technical adjustments or failures in the telecommunications sector, website upgrades, banking problems, government regulations or orders, freezing orders imposed by any competent authority and any other third party the problems caused; and

(e) Losses caused by third parties to users or other third parties.

4.15 About the services provided by BingX on the BingX platform:

(a) Abnormal transactions, market interruptions, and other possible abnormal situations that may be caused by unexpected factors such as system failures, platform system vulnerabilities, network failures, distributed denial-of-service attacks (DDos) and other hacker attacks; or in response to subpoenas or court orders or other government orders; or if we suspect that a transaction may: involve money laundering, terrorist financing, fraud or any other type of financial crime; be in error; or be related to a use prohibited by these Terms, we reserve the right to process or cancel it at our sole discretion , correct, rollback and/or reverse any digital asset transaction or transfer or cancel any abnormal transaction results, even if funds have been deducted from your account after the above circumstances occur. For contract trading, C2C and margin lending, we have the right to roll back all transactions for a certain period of time as described in each user agreement. In such circumstances, BingX will cancel the transaction and deduct the corresponding digital assets from your account to make up for the losses caused by the transaction. We are not obliged to restore the buy and sell order at the same price or on the same terms as the canceled transaction; and/or

(b) BingX strictly prohibits unfair trading practices. We reserve the right, at our sole discretion, to take over control of your account if you engage in the following conduct:

(i) Engage in price manipulation, insider trading, market manipulation, market distortion or any other malicious market behavior;

(ii) May harm other users or BingX by exploiting vulnerabilities in this service or other unreasonable means;

(iii) Participate in any other activities that BingX deems to be harmful to the market.

In order to eliminate any adverse impact on the overall health of the market, we reserve the right to take the following measures, including but not limited to closing your account, restricting, suspending and canceling transactions, rolling back transactions, and/or returning the digital assets related to the transaction to the complaining party. Under no circumstances will we be liable for any losses caused to you as a result of taking the above measures.

4.16 We will not ask users for any passwords or keys, nor will we require users to transfer any assets or digital assets (as applicable). We are not responsible for any losses resulting from the transfer of your assets or digital assets (as applicable).

4.17 Users agree that we may remove any digital assets from the BingX platform at our sole discretion.

4.18 Regarding transaction exception handling, when using this service, you agree and acknowledge that this service may not be provided due to digital asset network connection problems or other force majeure factors. The user ensures that the information entered is correct. If the BingX platform is unable to promptly notify the user of the subsequent processing of the relevant transaction when the above abnormal situation occurs due to data errors, we will not be liable for any damages.

4.19 We have the right to understand the real transaction background and purpose of users using our products or services. Users should truthfully provide comprehensive and accurate information requested by us. If we have reasonable grounds to suspect that a user has provided false transaction information, we have the right to temporarily or permanently restrict some or all functions of the services used by the user.

4.20 Any Digital Assets you purchase using your debit or credit card will be credited to your Account and our obligations in this regard will be deemed to be completed when the Digital Assets you purchase are reflected in your Account. We accept no responsibility for any losses that may occur thereafter. Once deposited, you are solely responsible for managing these digital assets.

5 BingX platform trading

5.1 Users can buy or sell digital assets by placing an instruction ("Order") to exchange one (1) digital asset for another digital asset on the BingX platform.

5.2 Users should verify all transaction information before submitting an order. User acknowledges and agrees that User is solely responsible for ensuring the validity and accuracy of the order, including details of the recipient of any assets. BingX is not responsible for the consequences of users failing to provide valid and accurate information when placing orders.

5.3 The BingX Platform is accessible twenty-four (24) hours a day, seven (7) days a week and three hundred sixty-five (365) days a year, except for any period when scheduled maintenance or upgrades are being carried out, or if the BingX Platform encounters to unexpected or uncontrollable interruption or suspension.

5.4 If BingX believes that the user may have violated applicable laws and regulations, BingX may, at its sole discretion and without notice, close the users account, suspend the users access to or use of the BingX platform or services, reject any submitted order, or impose any additional charges on the transaction amount on the BingX platform. Make restrictions.

5.5 Users can place orders using the BingX platform only if the users account has sufficient assets to cover the order and any related fees. If the assets in the account are insufficient to complete the order on the BingX platform, the user will not be able to complete the order on the BingX platform.

5.6 When a user places an order, the amount of the relevant assets (including any applicable fees) will be locked in the account until the order is filled, expires or is cancelled. Any unfilled portion of the order will remain locked until filled, expires, or is cancelled.

5.7 Users can withdraw or cancel an order after submitting it, as long as the order has not been executed and is still waiting for confirmation from the relevant digital asset network. The digital assets that are the subject of transactions will not be reflected in the users account, so the user cannot trade with them. User understands and agrees:

(a) Once an order is executed, the transaction is irreversible; and

(b) Although BingX may, at its sole discretion, revoke transactions under certain special circumstances (including but not limited to violations of applicable laws and regulations or financial crimes), users do not have the right to revoke transactions.

5.8 BingX will send a confirmation to the User via email, notification or any other communication method specified in these Terms each time the User places an order, cancels an order and fulfills part or all of an order.

5.9 By entering into these Terms, the user confirms and agrees:

(a) By trading on the BingX platform, the user instructs BingX to trade at the buying or selling price quoted by the user on the BingX platform, and the user agrees to pay any relevant fees. Except as expressly provided in these Terms, the price of a transaction shall be the price agreed between the user and the other party to the transaction, and BingX shall not be a party to the transaction or be responsible for setting or negotiating the price of the transaction. Users shall not make any claim against BingX for such transactions. BingX does not guarantee the completion of any proposed digital asset purchase and sale transactions;

(b) BingX trades based on price-time priority;

(c) It enjoys the same price time priority as any other user of the BingX platform;

(d) Orders submitted through the API have the same price-time priority as orders received from the BingX platform;

(e) All completed orders are settled immediately by debiting and crediting the relevant asset balances in the accounts of both parties. Users will immediately receive notifications of their relevant transactions through the BingX platform and/or via email or any other agreed communication method, and can be queried in the users transaction history;

(f) The API enables users to stream live prices into their own user interface, as well as execute the same trades or place the same orders available to users on the BingX platform;

(g) Especially for users of BingX Singapore, the counterparty of each users transaction is BingX Singapore;

(h) In order to maintain a fair and orderly BingX platform, BingX may limit the number of orders allowed through the API and monitor messages through the API to:

(i) Protect APIs from denial of service attacks;

(ii) prevent order book abuse; and

(iii) Improve the overall trading experience of the BingX platform.

5.10 BingX may limit the number of orders placed through a User Account.

5.11 The use of API should be used for legitimate trading purposes. Any repeated violation of order rate limits will result in BingX suspending or closing the users account in accordance with this paragraph.

5.12 The transaction records provided by the BingX platform are true and accurate records of user transactions. It is the users responsibility to keep abreast of their transaction history and any notifications related to their user account.

5.13 Users understand and agree that since BingXs secure transaction protocol requires the use of a combination of online and offline storage to securely store digital asset private keys to increase security, there may be delays in executing transactions on the BingX platform.

Scheduled maintenance time

5.14 User agrees and understands that during scheduled maintenance, some or all of the Services may be temporarily unavailable.

5.15 Users can be notified in advance of the maintenance suspension time through online announcements and other means.

Service Unavailable

5.16 The user confirms and agrees that when BingX determines at its sole discretion that the following circumstances occur, BingX has the right to suspend all or part of the service, or the users access to all or part of the service:

(a) User may have violated these Terms; or

(b) The normal operation of the BingX platform is threatened.

5.17 For the purpose of Article 5.16(b), the normal operation of the BingX Platform will be threatened under the following circumstances:

(a) When a computer or telecommunications network ceases operation or operation due to an incident;

(b) The occurrence of force majeure events affecting the provision of services;

(c) When BingXs assets or users assets or the BingX platform become the target of attempted or actual malicious attacks, which may result in the theft or loss of such assets;

(d) When an event affects the normal operation of key systems on which the BingX platform relies (including pricing systems or any other systems required to provide services);

(e) When BingX suspects unauthorized use of the BingX platform, or violation of these Terms or applicable laws and regulations;

(f) When BingX determines in its sole discretion that it is necessary to investigate or ensure the normal operation of the BingX platform in accordance with the requirements of applicable laws and regulations;

(g) When BingX decides to stop processing digital assets based on hard forks that lead to changes in chain or digital assets;

(h) When BingX believes that it is unable to continue to provide services due to changes in applicable laws and regulations, social conditions or factors beyond BingXs control, including but not limited to when digital assets are no longer considered acceptable digital assets by competent authorities ;or

(i) When suspension is necessary for any other reason in BingX’s sole discretion.

6 Risk Disclosure

introduce

6.1 This Article 6 provides users with risk information related to digital asset trading and any other services provided by BingX. Applicants and users should read this risk statement carefully before applying to open an account and execute transactions. This risk statement should be read in conjunction with the risk disclosures and disclaimers.

6.2 This Article 6 is not intended to disclose or discuss in detail all risks associated with trading or holding digital assets or using the services provided by BingX. This risk statement is not exhaustive and merely outlines the general nature of the risks involved. Users should ensure that their decisions are made on a fully informed basis and users should make their own assessment of the suitability of digital asset trading based on their experience, objectives, financial resources and their specific needs and requirements.

6.3 By opening an account and conducting transactions, the user is deemed to have reviewed, understood and accepted the risks associated with the services provided by BingX.

6.4 The digital asset market is very new and developing rapidly, and the risks of trading these assets are not yet fully understood. Therefore, BingX may regularly update this risk statement and notify users from time to time to list other risks in digital asset transactions, but even if a risk is not covered in the risk statement, BingX does not assume any responsibility.

6.5 The user acknowledges and agrees that it is the users responsibility to keep abreast of the updated risk statements issued by BingX from time to time.

Risk overview

6.6 This risk statement includes the following risks related to digital asset transactions involving the following matters:

(a) Nature of digital assets;

(b) The value of digital assets and the risk of loss;

(c) Past performance;

(d) Suitability;

(e) Availability of digital assets;

(f) Currency risk;

(g) Risks of financial crime and cybercrime;

(h) Technical risks;

(i) Legal risks;

(j) Regulatory risks;

(k) Stop loss risk; and

(l) Margin and Leverage.

The nature of digital assets

6.11 Investing in digital assets carries a high level of risk and may not be suitable for all investors. Users should not engage in digital asset trading if they are seeking a conventional or low-risk return on their invested capital. Unlike traditional investment products, digital assets typically do not have any underlying or intrinsic asset value or anything to support their price.

6.12 Digital asset trading is highly speculative and involves significant risks. There is limited or no underlying reasoning behind digital asset pricing, which may be affected by irrational and uncontrollable market forces. Whether the future price of digital assets will rise or fall is unpredictable and is purely speculative. Likewise, there is a risk that digital assets may not have any value. Therefore, the trading risks of digital assets are borne by the users themselves.

6.13 The value of digital assets fluctuates greatly and may fluctuate significantly compared to fiat currencies or traditional investment products. Therefore, market conditions can change significantly over a short period of time. Additionally, without interest or development in digital assets, the value of digital assets may never recover. Therefore, users risk losing all or most of the value of their digital assets. This loss can occur within a short period of time.

6.14 Use of instructions in connection with an order may not necessarily limit losses to the amounts expressed, and market conditions may make it impossible to execute an order or obtain a limit price.

6.15 Users understand that they should be able to bear the risk of potential losses up to or even exceeding their entire investment funds, and that users should only invest funds that they can afford to lose without affecting their living standards and in proportion to their income. Users should cease digital asset trading if personal circumstances no longer permit it.

6.16 Digital asset trading is not suitable for the following people:

(a) Limited resources;

(b) Limited investment experience; and/or

(c) Low risk appetite for investment or trading losses.

6.17 Users should ensure that they understand the economic and other types of risks involved in trading digital assets. Users should seek professional advice where appropriate.

6.18 Users are deemed to have assessed and confirmed that they understand the risks involved before opening an account.

Past performance

6.19 The value of any digital asset may fall as well as rise. Digital asset trading can be susceptible to irrational market forces. Any data regarding the past performance of digital assets is not guaranteed and may not be a reliable indicator of future performance.

Adaptability

6.20 BingX provides execution services only and does not provide advice on the merits of any particular transaction, transaction risks or related tax consequences, and BingX does not provide any other financial, investment or legal advice in connection with the Services.

6.21 BingX serves as a platform for transaction execution orders and custody of digital assets. As described in Section 4.6, BingX and its affiliates may engage in certain trading activities.

6.22 Accordingly, BingX is not responsible for assessing whether:

(a) the Services are suitable for users; or

(b) Transactions are suitable for users’ needs.

6.23 Any information provided on the BingX platform is for reference only and is not, nor is it intended to be, financial advice, investment advice, financial advisory services, trading advice or any other advice. BingX does not guarantee the accuracy, completeness or usefulness of such information, and such information should not be considered an offer to buy or sell digital assets. It is the users sole responsibility to determine whether any transaction is appropriate.

6.24 By opening an account, users accept the risks of digital asset trading. In entering into any transaction, Users represent that they have, are and will be solely responsible for independently evaluating and investigating the risks of each transaction and the underlying digital assets.

6.25 By using BingXs services, each user states that they have sufficient knowledge, market maturity, professional advice and experience to evaluate the advantages and risks of any transaction or any underlying digital assets by themselves before opening an account.

6.26 Each User must ensure that professional advice is sought where necessary, taking into account their investment objectives, level of experience and risk tolerance.

6.27 Each user should fully understand the specific characteristics and risks associated with the specific digital assets that the user plans to trade.

Availability of digital assets

6.28 A users ability to purchase digital assets using the BingX platform may depend on the existence of a counterparty willing to sell the same digital assets (and vice versa). This is beyond the control of BingX. BingX does not guarantee the time for purchasing or selling digital assets through the BingX platform or the availability of the service.

6.29 The value of a digital asset may arise from the continued willingness of users to trade digital assets for digital assets, which may result in a permanent and total loss of value if the market for a particular digital asset disappears. Thinly traded or illiquid markets may increase the potential risk of loss due to increased volatility, and users may be unable to open or close positions in digital assets when desired, at favorable prices, or at all.

6.30 Digital Assets may change or otherwise cease to function as intended due to changes in or use of their underlying technology, including through cyberattacks. Such changes may dilute the value of the users digital asset position and/or allocate the value of the users digital asset position to another digital asset.

6.31 "Fork" refers to an upgrade of the blockchain network code, which may be due to, for example, disagreements between stakeholders regarding an update to the digital asset protocol, or an intention to restore the blockchain history to a point in time prior to the cyberattack. point in time. A hard fork may result in a permanent separation from the previous version of the blockchain and will effectively create a new digital asset. The occurrence of forks is beyond the control of BingX. The supply of digital assets due to forks or similar changes to digital asset protocols and the resulting ability of BingX to provide services for new digital assets may depend on third-party providers over which BingX has no control. BingX does not own or control any protocols related to digital assets and their related networks. Accordingly, BingX is not responsible for any changes in such agreements or the value of any digital assets (whether due to forks or any similar changes in digital asset protocols or otherwise), and BingX

is not responsible for the security, No guarantee is made as to the functionality or availability of such protocols. 6.32 Users are deemed to accept all risks associated with use of the Services, including but not limited to hardware, software and Internet connection failures.

6.33 There is a risk that you may suffer losses due to circumstances in which a digital asset cannot be immediately sold or exchanged for a preferred alternative asset or can be exchanged but suffers a loss. Such liquidity risks for digital assets may arise from a variety of reasons, including but not limited to lack of buyers, limited buying and selling activity, or underdeveloped secondary markets.

Currency and exchange risk

6.34 Transactions may be made in a currency different from the currency in which the User deposits his/her account. Users should be aware of the risk of currency fluctuations and any risks associated with them. Changes in exchange rates may have a positive or negative impact on gains or losses on any transaction.

6.35 If you exchange a digital asset after executing an order, or the order is denominated in a digital asset other than your primary reference asset, there is the potential for a net gain at expiration or earlier if the market moves against your position. There is a risk that the initial amount of your primary reference asset is significantly less than the initial amount and any income or gains may be completely offset.

Management risk

6.36 BingX may hold fiat currencies and digital assets with third parties. However, digital assets held by BingX are not "deposits" and are not intended to be held as any other regulated product or service under applicable law.

6.37 In certain circumstances permitted by applicable laws and regulations or market practices in relevant jurisdictions, BingX may register or record user accounts in the name of the custodian or in the name of BingX. If the account is held in the name of the custodian or BingX, such assets may not be segregated from the assets of BingX, and in the event of a default by the custodian or BingX, they may not be segregated from the assets of the custodian or BingX in the same manner as the users client assets. Segregation of assets properly protects them from claims by creditors of the custodian or creditors of BingX. Especially for users of BingX Singapore, the users assets are held in one or more independent custody accounts for the benefit of the user.

6.38 If the third party holding the users legal currency and/or digital assets goes bankrupt or any other similar procedure, BingX can only make unsecured claims against the third party on behalf of the user, and the user may be faced with the legal currency, legal currency, etc. received by BingX from the third party. The risk that the Digital Assets or any other property will be insufficient to satisfy the claims of the User and all other relevant Users.

6.39 If BingX deposits the users legal currency and/or digital assets into a third party, such legal currency and/or digital assets may be merged with legal currency and/or digital assets belonging to other users. In this case, the users individual customer rights may not be individually identifiable through separate certificates, other ownership documents or equivalent electronic records, and if unavoidable losses occur after BingXs bankruptcy, any user whose assets have been pooled may be It shares that loss in proportion to its original share of the assets. Any rights or other interests related to the collected assets will be allocated to each relevant user of the assets on a pro rata basis.

6.40 Legal currency and/or digital assets may be held by BingX or a third party designated in good faith by BingXs agent or sub-custodian. Such third parties are not under the control of BingX, and BingX is not responsible for any breach of contract of any nature by such third parties. If such a breach occurs, the user may suffer all or part of the loss in relation to the user account. The extent to which users can recover their fiat currency and/or digital assets in relevant jurisdictions may be subject to specific laws or local regulations.

Risks of trading on the BingX platform

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6.41 Compared with other types of assets such as legal currencies and securities, any digital asset transaction may not be subject to the claim rights of any investor compensation fund established by any government or regulatory agency; in addition, digital assets held in a BingX account may not be Protected deposits may also not be protected by any deposit protection scheme in any relevant jurisdiction. As a result, digital assets may have reduced levels and types of protection compared to fiat currencies, securities and other asset classes and types.

6.42 In the process of using our services, you may be required to pay various fees. Before entering into any transaction, you must obtain detailed information and fully understand all commissions, fees and costs to which you may be liable. If you are unclear about any of these fees, you should ask for an explanation of what fees apply to the relevant payment terms before using the Services or conducting any transactions.

6.43 There are risks involved in allowing anyone else to access your account. You should take all necessary steps to ensure that anyone to whom you provide access is appropriate and lawful. You should also adopt controls and protocols that you deem appropriate in connection with your account to monitor the activities of such individuals to ensure that they remain appropriate and lawful within their capabilities.

6.44 Please note that digital assets received or held by BingX may be subject to other applicable laws in international jurisdictions other than your country of residence and/or citizenship.

6.45 There are significant risks in allowing others to trade or operate your account on our platform, and any instructions you provide may not be properly authorized or executed. You accept all risks of such actions and completely and irrevocably release BingX from any and all liability arising out of or related to all of the foregoing.

6.46 Digital asset transactions are irreversible. Therefore, accidental or fraudulent transactions related to digital assets may not be recoverable. Therefore, you must exercise caution when making any digital asset transfers and bear full responsibility for any losses that may occur.

6.47 Orders placed on the BingX platform are binding upon completion of the steps described in these Terms. Orders will not be reserved except as otherwise provided in these Terms. Final binding order may not coincide with your instructions. Therefore, you may suffer losses if your order is not executed at the required time. In particular, contingent orders such as options or perpetual contracts may not limit your losses to the expected amount due to fluctuating market conditions.

6.48 There is a real risk that unauthorized third parties may access your account and conduct transactions without your knowledge or authorization, whether by gaining control of the device or account you use or by other means .

6.49 BingX has no obligation to make any changes, enhancements and/or modifications to the materials and information provided on the BingX platform. So, for example, your version of the BingX application may be out of date, and the version of the application you are using may not include new features. It is your responsibility to ensure that you update and download applicable updates and versions.

6.50 The nature of digital assets means they may be subject to a higher risk of financial crime or cyberattacks, including but not limited to malware, hacking, phishing, double spending, smurfing, spoofing, sybil attacks, social engineering, majority mining , consensus-based or other mining attacks, misinformation campaigns, distributed denial of service and forks. Moving digital assets into digital wallets exposes digital assets to risks such as security vulnerabilities from hackers and cyberattacks that steal digital assets.

6.51 Mechanisms to recover lost or stolen digital assets are limited or, in some cases, impossible.

6.52 You may store your digital assets in hot wallets, but such hot wallets may be exposed to hacker attacks, network attacks or any of the risks mentioned in Section 6.51. Unfortunately, disruptions, thefts, cyberattacks and hacks of digital asset trading platforms, and theft of digital assets are all too common. Victims may face extremely difficult difficulties in recovering losses from hackers, trading platforms, or other related industry organizations and/or individuals. This may result in significant losses and other adverse effects that may materially affect your interests.

Technical risk

6.53 Understanding digital assets requires advanced technical knowledge. Digital assets are often described in extremely technical language, requiring a thorough understanding of applied cryptography and computer science to understand the inherent risks. The listing of digital assets on the BingX platform does not mean that BingX agrees or disagrees with the relevant underlying technology of the digital asset, and should not replace each users understanding of the risks associated with the digital asset.

6.54 The underlying software protocols for digital assets are usually open source projects, which means:

(a) The development and control of such digital assets are beyond the control of BingX; and

(b) Such software protocols may undergo sudden and drastic changes that may have a significant impact on the availability, applicability or value of certain digital assets.

6.55 The nature of digital assets means that technical difficulties encountered by BingX may prevent users from accessing or using its digital assets. BingX may encounter sophisticated cyberattacks, unexpected surges in activity, or other operational or technical difficulties that may result in service interruptions or may result in the loss and/or theft of digital assets. Users should understand that the Service may experience operational issues that cause delays. By using the Services, Users agree to accept the risk of transaction failure due to unexpected or exacerbated technical difficulties, including the risk of transaction failure due to sophisticated attacks.

6.56 Digital assets rely on new technologies, including distributed ledger technology for purposes such as anonymity, transaction irreversibility, unexpected transactions, transaction recording and settlement.

6.57 Digital asset transactions are irreversible. Once a user sends digital assets to a wallet address outside the BingX platform, there is a risk that the user may permanently lose access to the digital assets. For example, the wallet address may have been entered incorrectly, the true owner of the wallet address may never be discovered, or the wallet address may belong to a party that will not return the users digital assets or will only return them after the user takes action, such as verifying their identity. .

6.58 Users may lose their private keys used for external wallet addresses under certain circumstances, including but not limited to the following situations:

(a) If the private key has been backed up on paper and subsequently lost or stolen; or

(b) If the private key has been hacked or stolen.

6.59 A person who possesses the private key to an external wallet address will own the digital asset.

6.60 Using the BingX platform on jailbroken devices may compromise security and lead to fraudulent transactions. You may suffer losses and termination of service.

6.61 Digital assets and the BingX platform rely on the Internet and other technologies (including various communication methods and media). However, the public nature of the Internet means that parts of or the entire Internet may be unreliable or unavailable at any given time. Additionally, when data is transmitted over the Internet and/or other technologies, interruptions, delays, corruption or loss of data, loss of confidentiality or privacy during data transmission, or the transmission of malware may occur. The above may result in your transaction not being executed in accordance with your instructions at the required time, or not being executed at all.

6.62 No technology is completely safe. Therefore, you should exercise caution when using any technology.

6.63 The Internet, as well as other electronic media (including but not limited to electronic devices, services provided by third-party telecommunications service providers such as mobile phones or other handheld transaction devices or interactive voice response systems), is an inherently unreliable form of communication, and Such unreliability may be beyond BingXs control.

6.64 Any information (including any files or data), may be subject to interruptions, interruptions in transmission, delays in transmission due to data volume, Internet traffic, market fluctuations or incorrect data transmission (including incorrect quotes), or due to the public nature of the Internet or other electronic media Causing pauses and/or delays in price data feeds.

Legal and market risks

6.65 Users are responsible for complying with applicable laws and regulations and are solely responsible for determining which laws may apply to their transactions, including any applicable tax laws. Users are solely responsible for reporting and paying any taxes incurred as a result of use of the Services.

6.66 Because the development of digital assets is relatively new, banks and other authorities may have different views on the risks associated with funds generated from the purchase and sale of digital assets, or may have a very low tolerance for risk. Therefore, if a users bank concludes that the funds are the result of a purchase or sale of digital assets, the users bank may freeze their account or refuse any incoming funds.

6.67 BingX may suspend a user’s access to their account. In this case, users will not be able to transfer in, out or trade. BingX may also suspend a users ability to trade on the BingX platform, in which case digital assets will not be bought or sold, but transfers in or out of their accounts will be possible.

6.68 You may suffer losses due to the devaluation of the digital assets you paid due to controls imposed by competent authorities. Controls or other actions imposed by governments or regulatory bodies on digital assets and/or their ecosystems controlled or supervised by such authorities may delay or prevent the repayment or payment of any amounts due to you.

6.69 Digital assets may not have a fixed supply due to their inherent design or through network events. If and when additional digital assets are minted, the price of a certain digital asset may decline due to the inflationary effects of adding additional digital assets to the total amount of assets available in the market.

6.70 At any time, one or more persons may control, directly or indirectly, a significant portion of the total supply of any kind of digital asset. Such individuals are often colloquially referred to as "whales". Whether acting individually or collectively, these whales can have a significant impact and may influence or cause significant market events that could adversely affect the price, value or functionality of digital assets. Additionally, these whales or other network participants and users may make decisions that are not in your best interest as a digital asset investor.

Stop loss

6.74 A stop loss order is an offer to trade if our quotes move against you. Stop-loss orders are typically used to provide some risk protection, such as in the event of a loss on your trade, and can be used to open or close a trade. Each stop loss order has a specific stop loss level set by you. If our bid price (in the case of a sell order) or our ask price (in the case of a buy order) goes against you and reaches or exceeds the level you specify, your stop loss order will be triggered . Although you set a specific stop loss level, applicable laws and regulations may require us to close or partially close the trade before your stop loss order is triggered.

6.75 You agree and understand that a stop loss order will not necessarily limit your losses to the expected amount, as market conditions may prevent such orders from being executed at a price close to your expected stop loss price or from being executed at all. In extremely volatile markets, the price of a digital asset may drop rapidly to the price of your stop-loss order, and the losses you may incur may far exceed the amount realized if your stop-loss order were executed at the stop-loss order price.

Margin, leverage and leverage

6.76 You will usually be required to deposit funds with us before you are allowed to enter into a contract with us - this is called a margin requirement. This margin requirement is usually a portion of the total contract value. This means you will be using "leverage", which may work to your advantage or disadvantage. Small price changes in your favor can result in high returns on the contracts margin requirements, but small price changes against you can result in significant losses.

6.77 At any time you have an open position, you should ensure that your account balance (taking into account the profit and loss of the position) is at least equal to the total margin requirement that we require you to deposit with us. Therefore, if our prices move against you, you may be required to immediately provide us with substantial additional funds to satisfy your margin requirements and maintain your open positions. If you fail to cover your position, we will have the right, at our sole discretion, to close one or more or all positions in any digital assets you hold. You shall be solely responsible for any resulting losses.

6.78 Due to the impact of leverage, it is even more important to monitor your positions when you enter into a contract with us. Leverage magnifies the rate at which profits or losses can occur, so its important to monitor your positions closely.

6.79 We are under no obligation to notify you of your account balance and required margin (i.e., "Margin Call") at any time. However, if we make a notification, the margin call can be made by phone, post, email, text message or through your BingX platform.

6.80 We reserve the right to increase or decrease your margin requirements for open trades at any time and at short notice. You agree that regardless of the normal method of communication between you and us, we have the right to notify you of changes in the margin level or credit arrangement of your account by any of the following methods: telephone, email, text message, or by posting a change notice on our BingX platform . Any increase in margin levels will become immediately due and payable at our request. We will only increase margin requirements or change the credit arrangements for your account when we, in our sole discretion, reasonably deem it necessary, including but not limited to due to the occurrence or anticipation of the following circumstances:

(a) Changes in the volatility and/or liquidity of digital asset markets;

(b) Economic news;

(c) It is rumored that a certain digital asset has been suspended from trading on another digital asset trading platform;

(d) You change the way you deal with us; or

(e) Any changes in applicable laws and regulations.

6.81 Subject to applicable laws and regulations, we may not be able to accept deposits paid by credit card or any other credit arrangement with a third party for certain categories of customers.

6.82 Please note that in certain circumstances we may trigger a splitting mechanism to take a portion of your earnings to cover any losses. When BingXs risk insurance funds cannot cover the users losses, the sharing mechanism will be triggered. In such cases, BingX will use its sharing mechanism to recover net profits from other users to make up for the shortfall. More information on the apportionment mechanism can be found here.

6.83 If a user has unjust gains due to a potential undiscovered loophole in the website’s transaction rules or a platform system failure or loophole, we will contact the user to recover the unjust gains. You must actually cooperate, otherwise we will take recourse measures including but not limited to restricting account transactions, freezing account funds, directly deducting unjust gains caused by the above loopholes from your account assets, suing in a court of competent jurisdiction, etc. . The recovery costs incurred by us due to the users failure to effectively cooperate will also be borne by the user.

6.84 In certain circumstances or circumstances, closing a position in a digital asset may be difficult or even impossible to close. Certain events that occur on the network may occur rapidly and affect the ability to conduct transactions on the BingX platform. Information related to these cyber events may be difficult to predict or determine in advance and may be subject to limited oversight by any third party capable of intervening to stabilize the network.

Other potential risks

6.85 The Website and Internet pages, investor relations releases, oral or written outlooks, presentations, audio and video recordings of events and other publications from the Website may contain statements that reflect the current optimism of BingX and its management regarding potential projects, Forward-Looking Statements and Events. Certain expressions, including, but not limited to, "anticipate," "assume," "believe," "estimate," "anticipate," "intend," "may," "plan," "project," and "should" and others Expressions that often identify forward-looking statements. These statements may be subject to risks, uncertainties and changes due to a variety of factors, including but not limited to: changes in digital asset and fiat currency exchange rates, interest rates and commodity prices; the introduction of new and/or competitive technologies and ideas ; increased market incentives; and decreased demand for current services or other products.

7 Create account

7.1 Account registration and identity verification: In order to use any services on this platform, you should provide all accurate information required on the registration page for identity verification and confirm acceptance of these Terms of Service. Unless approved by BingX, by registering an account with BingX, you agree and declare that you will only use the account for yourself and not on behalf of any third party.

You agree to provide us with the true information requested during registration for identity verification and for ongoing monitoring of anti-money laundering, counter-terrorism financing, fraud, or other financial crimes, including but not limited to A copy of your official photo ID, proof of address such as a property bill or bank statement. If relevant information changes, you are obliged to update it as soon as possible.

7.2 Account Protection: You agree not to allow anyone to use or manage your account, and to update us with any changes to your information, or to promptly notify us if your account has been compromised. You are responsible for retaining, protecting and safeguarding any keys, certificates, passwords, access codes, user IDs, API Keys or other credentials and login information (collectively, "Passwords") that have been provided to you or generated by your use of the Services the above password. If you lose your password, you may be unable to access your account. You agree to notify us immediately of any unauthorized use of your password. We will not be responsible for any liability, loss or damage of any kind, whether direct or indirect, arising out of the unauthorized use of your password. You understand and agree that if you authorize the password information of your account to any third party or third-party platform, the third party or third-party platform will know your account information (including but not limited to your asset status, transaction information, transactions Operation permissions and account information, etc.), your account will be subject to certain risks and may suffer loss or damage. You agree to be solely responsible for any loss or damage caused by your authorizing any third party or third-party platform to use your password information, as well as any loss or damage caused to you by a third party or third-party platform due to the use of your account password information, We do not assume any compensation or other legal liability for loss or damage caused by the above circumstances. Since we provide an online trading platform, to avoid potential security risks, the login password, management password and any other passwords must not be set to the same. The relevant responsibilities rest with the user. Once the user registers and becomes a user of this site, the user will obtain a username (user email) and password, and will be responsible for all activities and events using this username and password after entering the system, and shall bear the responsibility for the language and behavior of the user. All legal liability caused directly or indirectly.

7.3 Password Recovery: Users who have lost their password can reset their password after verification through their registered email address or phone number. If you discover any unauthorized operations or security breaches, you should report them to us immediately.

7.4 Account balance: If your account shows a credit balance, you can request that we return the remaining digital assets. However, we may, at our sole discretion, choose to withhold (or, where applicable, deduct) your request to withdraw digital assets under the following circumstances:

Your derivatives trade opened with a nominal loss;

Due to underlying market conditions, we believe additional digital assets will be needed to meet any current or future margin requirements on open derivatives positions;

you have any actual or threatened liability to us under these Terms; and/or We reasonably determine that there is an unresolved dispute between you and us in connection with these Terms.

7.5 Account closure: You can request BingX to close your account at any time. Closing an account will not affect any rights and obligations that arose prior to the date the account was closed. Before BingX closes your account, you may be required to cancel or complete all outstanding orders and, in accordance with the provisions of these Terms, provide transfer instructions indicating the transfer location of any fiat currency and/or digital assets remaining in your account. You are responsible for any fees, costs or obligations arising from the closure of your account (including, but not limited to, attorney and court fees or transfer fees for fiat currency or digital assets). You will be responsible for reimbursing us if your account closing charges exceed the value of your account. You may not close any of your accounts to avoid paying any additional fees or to avoid any inspections related to our anti-money laundering program. BingX reserves the absolute right to accept or reject account closure requests at its sole discretion.



7.6 Account Suspension: We reserve the right to suspend your account at any time. Furthermore, we have the right to freeze/lock any funds and assets in your account and suspend some or all of your access to this site if we, in our sole discretion, suspect that:

(a) You/your account or its operation violates any term or condition of these Terms, any other policies, rules, regulations, user agreements or procedures of BingX, including but not limited to BingX’s anti-money laundering program;

(b) Your account balance needs to be adjusted for any reason;

(c) An unauthorized person attempts to access your account;

(d) You use your account-related credentials or other account information in an unauthorized or inappropriate manner;

(e) for reasons relating to clause 12;

(f) for reasons relating to an investigation under clause 7.7; or

(g) An Event of Default (as defined in Section 22.6 below) occurs.

In addition, if enhanced due diligence is required on you or your account, we may require you to submit additional information and complete additional verifications or certifications.

7.7 Investigation: If we suspect or have reason to believe (at our sole discretion) that any of the following has occurred, we will investigate you/your account and take action, including suspending, freezing and/or seizing your account:

(a) you/your account are the subject of any investigation by law enforcement, government agencies, search warrants, subpoenas, court orders, or other similar proceedings and processes in any relevant jurisdiction;

(b) you/your account are the subject of any pending and/or current litigation in any applicable jurisdiction;

(c) You/your account violates or involves a violation of any applicable laws and regulations; or

or (d) you/your account is involved in suspicious, illegal or fraudulent activity.

7.8 Account Termination: We reserve the right, at our sole discretion, to terminate your Account at any time and for any reason, including as set forth in Section 1.1. You further agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to these Terms, including without limitation the recovery of reasonable fees, and any applicable laws and regulations that may apply.

7.9 Effects of Suspension or Termination: We will continue to have custody of all Digital Assets, funds and information relating to or in such Accounts, which information may be withheld if your Account is suspended or terminated for reasons related to Section 7.7 and handed over to a third party, including but not limited to any authorized agency.

7.10 Subject to clause 7.9 and any ongoing investigations and considerations, if your account is terminated we will refund your funds, less any amounts to which we are entitled under these Terms and any applicable laws and regulations in the applicable jurisdiction. Transaction fee discounts, value of rebates, costs, fees and/or damages. If your account is no longer subject to an investigation, court order, subpoena or similar judicial process in any applicable jurisdiction, unless otherwise provided by applicable laws and regulations, you authorize us to transfer your funds (less the amount to which we are entitled Any transaction fee discounts, rebates, costs, fees and/or damages) are refunded to any bank account associated with your account. If you still have any Digital Asset balance in your account, you agree to provide us with the Digital Asset address upon receipt of written notice from us so that we can return the remaining Digital Assets to you.

7.11 In addition to the above circumstances, and to the maximum extent permitted by applicable laws and regulations, if an event of default occurs,

(a) Any delivery, payment or other obligation you owe to any party (including but not limited to BingX) based on activity involving your account shall become due, accrued or otherwise accelerated in order to require performance prior to the occurrence of such event of default. date to perform such obligations ("Acceleration Obligations"); and

(b) Without prejudice to BingXs other rights that may arise under these Terms or other provisions, BingX shall have the right, at its sole discretion, to take all actions it deems necessary to protect its interests and require the performance of acceleration obligations, including but not limited to closing any positions. Expose trading positions, liquidate the assets in your account to repay any amounts owed to BingX and other liquidable obligations, and transfer assets to a third party pursuant to a court order.

8 User Rights and Licensed Use Restrictions

8.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Site and Services only as permitted by us. You agree that you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish or participate in the transfer or sale, create derivative works or in any other way exploit any of our source code or Similar content, proprietary or confidential data or other similar information.

8.2 You agree:

(a) All right, title and interest in and to the Service and related software, website and technology (including all intellectual property rights therein) shall be retained by us;

(b) Except for the limited license granted herein, no right or interest in the Service may be transferred;

(c) The Service is protected by copyright and other intellectual property laws;

(d) We reserve all rights not expressly granted under these Terms;

(e) We have the right to question, freeze or deduct the users goods or accounts in accordance with the requirements of any applicable administrative agencies, judicial agencies, military agencies, including but not limited to public security agencies, inspection agencies, courts, customs and tax agencies, etc.

9 User Obligations

9.1 You may not register multiple accounts for any purpose.

9.2 You may not use another user’s account.

9.3 You shall not use the BingX platform or services in any manner that causes or may cause damage to the BingX platform or impair the availability or accessibility of the BingX platform; or use the BingX platform or services in a manner related to the following behaviors or activities, namely any illegal fund payment and settlement activities, including but not limited to illegal payment activities by illegal means such as false transactions, false prices and transaction refunds; illegal cash-out activities in the units bank settlement account; illegal transfers of unit bank settlement accounts to personal accounts; illegal check cashing activities; or any other activities for the purpose of achieving illegal, fraudulent or harmful purposes; or any other activities that violate currently valid laws and regulations. You guarantee that Aux Cayes, BingX Hong Kong, BingX Brazil, BingX Bahamas, BingX Singapore and their managers, directors, shareholders, successors in interest, employees, agents, subsidiaries, related parties and previous operators of the BingX platform will not be liable for your Any rights, claims, or other liabilities filed by third parties against Aux Cayes, BingX Hong Kong, BingX Brazil, BingX Bahamas, BingX Singapore or their affiliates due to the use of the BingX platform or services or actions related thereto. liability requirements, otherwise you agree to compensate the above parties for the resulting losses and expenses (including attorneys fees).

9.4 You are prohibited from using this site to engage in illegal activities in any form. Without the authorization or permission of Ouyi BingX, you may not use the name of this site to engage in any commercial activities, nor may you use this site as a venue, platform or medium for commercial activities in any form.

9.5 You should abide by all laws and regulations, and bear the corresponding legal consequences and responsibilities for your actions involving this site and services. In addition, you shall not infringe the legal rights and interests of any third party. In addition, if Ouyi BingX suffers losses as a result, Ouyi BingX has the right to recover the losses from you through legal or other means.

9.6 You shall bear any losses caused by your actions, including but not limited to:

(a) Input or order errors resulting from accidental keystrokes, including price, quantity and/or time (market and limit order specifications) errors;

(b) Submission of trade orders at the wrong time or in error;

(c) forget or disclose your password;

(d) computer or network problems, including any hacking or virus problems related to your computer or network (or the network you are using);

(e) Transfer digital assets or fiat currency to or from the wrong account;

(f) execute instructions provided to you by a third party; or

or (g) access and use of your account by a third party for any reason.

9.7 It is your responsibility to ensure that all account information is verified before making any transfer so that digital assets or fiat currency are transferred to the correct account. If you transfer digital assets or fiat currency to the wrong account and that account is controlled by us, we will reject the transaction at our sole discretion and refund the relevant amount of digital assets or fiat currency to you, less applicable fees.

9.8 If you violate the above provisions, BingX has the right to directly take all necessary measures, including but not limited to deleting content posted by users, canceling the stars and honors you obtain on the website, freezing the users digital assets, suspending or sealing the user account, Cancel the benefits obtained due to violations, and even pursue your legal liability through litigation.

10 service fee

10.1 Some of the services we provide to you may incur fees. By using our services, you agree to the incurrence of this fee.

10.2 OUYI BingX has the right to set and adjust service fees at its sole discretion. We also reserve the right to charge for free services. All fee changes will be announced in advance.

10.3 If you do not agree to any fee changes. You should stop using one or more services immediately. You are still responsible for the fees incurred before the date of termination of service.

10.4 Unless otherwise stated or agreed, you agree that we have the right to automatically deduct the above service fees directly from the assets of your account without prior notice.

10.5 If you fail to pay fees in full or on time, we reserve the right to interrupt, suspend or terminate your account.

11 Change, interruption, termination, restriction, freezing and termination of services

11.1 Service changes and interruptions: We may change the service content and/or interrupt, suspend or terminate the service at any time or without prior notice.

11.2 Service interruption and termination: In any of the following circumstances, we have the right to change the service, interrupt or terminate the service provided to you at our sole discretion without prior notice, including but not limited to the following circumstances:

(a) If the personal information you provide is not true, complete, accurate, or inconsistent with the information provided during registration, and you fail to provide reasonable proof (please note that in accordance with applicable laws and regulations, you should submit true, complete and accurate information);

(b) If you violate any applicable laws and regulations;

(c) If you/your account violates any term or condition of these Terms, any other policies, rules, regulations, user agreements or procedures of BingX, including but not limited to BingX’s anti-money laundering program;

(d) If in accordance with the provisions of any applicable laws and regulations, or as required by competent authorities;

(e) for reasons relating to an investigation under clause 7.7; or

(f) If we determine in our sole discretion that it is for security reasons or other necessary circumstances to protect your account and prevent unauthorized access, etc.

12 Unclaimed Property

BingXS OBLIGATIONS

If you have any assets held by BingX in your account and BingX is unable to contact you for a period of not less than twelve (12) months or as required by applicable laws or regulations in the relevant jurisdiction and that period There is no record of your use of the Services, and BingX may be required to report these funds as unclaimed property in accordance with applicable laws and regulations. BingX will use reasonable efforts to locate you using contact information available to BingX.

12.1 If BingX cannot find you, BingX reserves the following rights:

(a) close your account and terminate these Terms; and

(b) Deliver all assets as unclaimed property as directed by the competent authority or any court of competent jurisdiction.

12.2 If we receive any documents confirming your death or other information that causes BingX to believe that you are dead, BingX reserves the right to freeze your account.

12.3 Your account will be unfrozen if one of the following situations occurs:

(a) when your designated trustee opens a new account, as described in clause 12.5 below, and all of your accounts are transferred to that new account, or

(b) BingX has received certification to our satisfaction that you are not dead.

12.4 If BingX has reason to believe that you may be dead but your death has not been proven to the satisfaction of BingX, you authorize BingX, directly or through a third party, to make such inquiries as we deem necessary to determine whether you have died. BingX receives this to the satisfaction of BingX Upon receipt of proof of your death, the trustee named by you in a valid will or similar testamentary document will be required to open a new account.

12.5 If you do not designate a trustee, BingX reserves the right to treat any person entitled to inherit your account as your trustee. BingX will determine who is entitled to inherit you based on the documents BingX receives and reviews BingX deems necessary or appropriate in its sole discretion. The person holding the account, such documents including, but not limited to, a will, living trust or other similar document, or an order of a court with competent jurisdiction over your estate appointing a trustee.

12.6 If BingX determines, in its sole discretion, that there is uncertainty as to the validity of the trustee appointment, BingX reserves the right to request an order from a court of competent jurisdiction that resolves the issue before taking any action related to your account.

cost

12.7 BingX shall be entitled to deduct all costs and expenses related to this Article 12 from any legal currency.

13 Comply with local laws and tax laws

13.1 You are responsible for determining for yourself whether and to what extent any taxes apply to any transactions you enter into through the Services and for withholding, collecting, reporting and remitting the correct amount of taxes to the appropriate tax authority. You agree that we do not provide legal or tax advice, are not responsible for determining whether any taxes are applicable to your transactions, and are not responsible for collecting, reporting, withholding or paying any taxes arising from any transactions. We strongly recommend that you consult with your attorney/professional tax advisor to determine your obligations and tax status in the applicable jurisdiction.

13.2 In addition, you agree to comply with all applicable relevant laws and regulations of the Seychelles, The Bahamas, Brazil, Hong Kong and Singapore, as well as any relevant laws and regulations of any other applicable jurisdiction. In order to prevent terrorist financing and anti-money laundering ("AML") activities and more generally to comply with any laws and regulations of any applicable jurisdiction, we will cooperate with the competent authorities and local, regional, national and transnational bodies around the world as necessary. Cooperate and may provide any information related to you to such agencies. We may also access and disclose information we store about you to external third parties if we, in our sole discretion, believe it is necessary or appropriate to: Comply with relevant law enforcement or national security requirements and legal process in any applicable jurisdiction , such as a court order or subpoena; protect the rights, property or safety of you, us or others; enforce our applicable terms of service, user agreement, trading rules, operating rules, policies or any other agreement; collect amounts owed to us; To assist in the investigation or prosecution of suspected or actual illegal activity.

13.3 When using our services, you confirm, state and promise that all your actions inside and outside the BingX platform are conducted in a legal and appropriate manner, and that the source of your digital assets and legal currency does not come from illegal activities. If we, in our sole discretion, believe that you have violated the above representations and commitments, we may, at our sole discretion or in coordination with local law enforcement agencies, seize, freeze, restrict or close your account and any fiat currency and digital assets held in your account.

13 Comply with local laws and tax laws

13.1 You are responsible for determining for yourself whether and to what extent any taxes apply to any transactions you enter into through the Services and for withholding, collecting, reporting and remitting the correct amount of taxes to the appropriate tax authority. You agree that we do not provide legal or tax advice, are not responsible for determining whether any taxes are applicable to your transactions, and are not responsible for collecting, reporting, withholding or paying any taxes arising from any transactions. We strongly recommend that you consult with your attorney/professional tax advisor to determine your obligations and tax status in the applicable jurisdiction.

13.2 In addition, you agree to comply with all applicable relevant laws and regulations of the Seychelles, The Bahamas, Brazil, Hong Kong and Singapore, as well as any relevant laws and regulations of any other applicable jurisdiction. In order to prevent terrorist financing and anti-money laundering ("AML") activities and more generally to comply with any laws and regulations of any applicable jurisdiction, we will cooperate with the competent authorities and local, regional, national and transnational bodies around the world as necessary. Cooperate and may provide any information related to you to such agencies. We may also access and disclose information we store about you to external third parties if we, in our sole discretion, believe it is necessary or appropriate to: Comply with relevant law enforcement or national security requirements and legal process in any applicable jurisdiction , such as a court order or subpoena; protect the rights, property or safety of you, us or others; enforce our applicable terms of service, user agreement, trading rules, operating rules, policies or any other agreement; collect amounts owed to us; To assist in the investigation or prosecution of suspected or actual illegal activity.

13.3 When using our services, you confirm, state and promise that all your actions inside and outside the BingX platform are conducted in a legal and appropriate manner, and that the source of your digital assets and legal currency does not come from illegal activities. If we, in our sole discretion, believe that you have violated the above representations and commitments, we may, at our sole discretion or in coordination with local law enforcement agencies, seize, freeze, restrict or close your account and any fiat currency and digital assets held in your account.

13 Comply with local laws and tax laws

13.1 You are responsible for determining for yourself whether and to what extent any taxes apply to any transactions you enter into through the Services and for withholding, collecting, reporting and remitting the correct amount of taxes to the appropriate tax authority. You agree that we do not provide legal or tax advice, are not responsible for determining whether any taxes are applicable to your transactions, and are not responsible for collecting, reporting, withholding or paying any taxes arising from any transactions. We strongly recommend that you consult with your attorney/professional tax advisor to determine your obligations and tax status in the applicable jurisdiction.

13.2 In addition, you agree to comply with all applicable relevant laws and regulations of the Seychelles, The Bahamas, Brazil, Hong Kong and Singapore, as well as any relevant laws and regulations of any other applicable jurisdiction. In order to prevent terrorist financing and anti-money laundering ("AML") activities and more generally to comply with any laws and regulations of any applicable jurisdiction, we will cooperate with the competent authorities and local, regional, national and transnational bodies around the world as necessary. Cooperate and may provide any information related to you to such agencies. We may also access and disclose information we store about you to external third parties if we, in our sole discretion, believe it is necessary or appropriate to: Comply with relevant law enforcement or national security requirements and legal process in any applicable jurisdiction , such as a court order or subpoena; protect the rights, property or safety of you, us or others; enforce our applicable terms of service, user agreement, trading rules, operating rules, policies or any other agreement; collect amounts owed to us; To assist in the investigation or prosecution of suspected or actual illegal activity.

13.3 When using our services, you confirm, state and promise that all your actions inside and outside the BingX platform are conducted in a legal and appropriate manner, and that the source of your digital assets and legal currency does not come from illegal activities. If we, in our sole discretion, believe that you have violated the above representations and commitments, we may, at our sole discretion or in coordination with local law enforcement agencies, seize, freeze, restrict or close your account and any fiat currency and digital assets held in your account.

14 Privacy Policy

14.1 If you would like to know how we collect, use and share your information, please see our Privacy Policy Statement.

15 Limitation of Liability, Warranties and Indemnification

Disclaimer

15.1 Neither BingX nor any of its affiliates shall be liable for any losses arising directly or indirectly from:

(a) Any dispute between you and one or more other users;

(b) any losses caused by your breach of these Terms;

(c) any losses caused by your violation of any applicable laws and regulations; or

(d) any act or omission by a third party who has access to your account,

You hereby waive and release any right to claim any such losses from BingX and/or its affiliates.

Limitation of Liability

15.2 To the maximum extent permitted by applicable laws and regulations, BingX assumes all liability for losses that may be caused by or related to the information or materials provided by or on behalf of BingX and its affiliates on the BingX platform. The total value must not exceed $100.

15.3 To the maximum extent permitted by applicable laws and regulations, the total value of BingX’s liability for losses arising out of a single claim or a series of claims arising out of:

(a) Applicants arising out of or related to the application;

(b) You are affected by or in connection with:

(i) Services;

(ii) any performance or non-performance of the Services;

(iii) any information or materials provided by or on behalf of BingX and/or its affiliates (other than those referred to in clause 15.3); or

(iv) any other violation of these Terms,

Should be limited to the lower of:

(a) US$100; or

(b) The total amount of fees paid by User to BingX for the Services during the preceding twelve (12) month period (the "Cap").

15.4 In the event of a claim related to a specific transaction, the total liability of BingX, its shareholders, affiliates or service providers and their respective officers, directors, employees, agents or representatives to the User shall be limited to the purchase and sale amount of the disputed transaction, reference The price at which such transaction occurs or is supposed to occur and is in any event subject to a cap.

15.5 Under no circumstances shall BingX and/or BingXs affiliates be liable for any indirect losses to you.

15.6 Nothing in these Terms shall limit the liability of BingX and/or BingXs affiliates to you due to BingXs following actions:

(a) Fraud or fraudulent misrepresentation;

(b) willful misconduct; or

(c) Death or personal injury resulting from his conduct.

15.7 Any exclusion or limitation of liability contained in this Article 15 shall not limit BingXs liabilities which cannot be excluded or limited under relevant applicable laws and regulations.

Force majeure event

15.8 Neither party will be liable for any delay or failure to perform any of its obligations under these Terms caused by a force majeure event.

compensation

15.9 To the maximum extent permitted by applicable laws and regulations, you agree to indemnify and protect BingX and BingXs affiliates and associates (including us and our respective agents (if any) and the shareholders of BingX and its affiliates and associates) , directors, officers and employees (the "Indemnified Parties"), and promptly defend and hold them harmless from any third party claims, losses, liabilities, damages, judgments, penalties, fines, costs and expenses of every kind (including professional fees and reasonable attorneys fees) arising out of or in connection with: any and all losses that any Indemnified Party may suffer or incur arising out of or in connection with:

(a) Your (or any User’s authorized representative’s) use or conduct in connection with the Account or Services;

(b) you fail to perform any of your obligations under these Terms;

(c) You breach the contract and/or BingX enforces the terms related to the breach;

(d) you violate any applicable laws and regulations;

(e) your violation of the rights of any third party;

(f) any third-party claims related to your use of the Services;

(g) In the process of BingX providing services to you in accordance with these Terms, you provide any false, inaccurate, misleading or deceptive information to BingX;

(h) any investigation, claim, suit, action or other proceeding brought against us by any governmental agency or regulatory or self-regulatory body or organization in any applicable jurisdiction arising out of your use of the Services; or

(i) User breaches any representations, warranties and undertakings made by User to us under these Terms.

15.10 If you are obligated to indemnify BingX or any of its affiliates under this Section 15.10, BingX will have the right, in its sole discretion, to control any action or proceeding and to decide whether it wishes to settle and, if so, on what terms it will settle.

Disclaimer

15.11 The services and any information or materials provided by BingX are provided on an "as is" and "as available" basis. BingX EXPRESSLY EXCLUDES AND USER WAIVES ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT; and

(b) Warranties arising out of course of performance, course of dealing or usage of trade.

15.12 Without limiting clause 15.11, the User acknowledges:

(a) BingX does not represent or warrant that the Services, any interface used to access the Services, the website, or any information or materials provided or provided by BingX are accurate, complete, reliable, current, error-free, virus-free or otherwise harmful components or any other defects; and

(b) BingX does not guarantee that any order will be executed, accepted, recorded or remained open.

15.13 Except for the express statements set forth in these Terms, you hereby acknowledge and agree that you have not relied on any other written or oral statements or understandings with respect to your use and access of the BingX platform and/or services.

15.14 You hereby understand and agree that BingX shall not be liable for any losses arising out of or related to:

(a) any inaccuracies, defects or omissions in any pricing information related to digital assets;

(b) any interruption of such data;

(c) any errors or delays in the transmission of such information; and

or (d) any damages caused by another users acts, omissions or breach of these Terms.

15.15 BingX cannot ensure or guarantee the security or confidentiality of information transmitted to or received from BingX by electronic means (including the Internet, wireless connections, emails, phone calls and text messages) because BingX cannot ensure that the transmission of such information is always protected. If you have reason to believe that your data is no longer secure, you should contact BingX through the email address, mailing address or phone number published on the BingX platform or notified to users from time to time.

16 changes

16.1 BingX reserves the right to modify, replace, supplement or delete (each an "Amendment") these Terms or any part of these Terms.

16.2 BingX may provide revision notice to users by posting the revised terms and changing the "last updated" date at the top of the terms, by sending an email to the email address provided by the user, or by any other method at our sole discretion. Any revisions will be effective immediately upon posting the revisions to the BingX Platform or when we transmit the information. These amendments will apply immediately to all current and subsequent uses or services.

16.3 If User objects to an amendment, Users sole remedy is to cease using the Services and close his or her account. BingX is entitled to:

(a) Immediately terminate this Agreement with the User in accordance with these Terms; and

(b) Suspend the users access to and use of the Service.

17 Business Transfer

17.1 If part or all of BingXs business is transferred to any third party, the user agrees to the transfer of the business relationship between the user and BingX, including but not limited to the users:

(a) Account;

(b) Assets;

(c) Liabilities; and

(d) Protected Data.

17.2 If BingX is acquired or merged with a third party, BingX reserves the right to transfer or transfer the information collected from users as part of the acquisition, merger, sale or other change of control.

18 Disclaimer

18.1 Service interruption: Based on the particularity of the Internet, we do not guarantee that the service will not be interrupted; the timeliness and security of the service cannot be guaranteed, and we do not assume responsibility for any service interruption not caused by us.

18.2 Network Security: We try to provide users with a safe network environment, but we do not guarantee that the website or its server is free of viruses or other potentially harmful elements; therefore, users should use industry-recognized software to check and clean files downloaded from this site any viruses in .

18.3 User information: We are not responsible for the failure to save, modify, delete or store the information provided by users. We are also not responsible for typographical errors, omissions, etc. that are not caused intentionally by us. We reserve the right, but have no obligation, to improve or correct any omissions and errors in any part of the Site.

18.4 Accuracy, completeness and reliability of the website: Unless we expressly agree in writing, we do not guarantee the accuracy and completeness of any content information obtained by users on the BingX platform in any way, including but not limited to advertising, etc. , reliability; we are not responsible for any products, services, information or materials purchased or obtained by users due to the content and information on this site. Users bear the risks caused by using the information content on the BingX platform.

18.5 User opinions: User comments posted on the BingX platform only represent the user’s personal views. This does not mean that the BingX platform agrees with their views or confirms their descriptions. The BingX platform does not assume any legal liability arising from any user comments.

18.6 Announcements: We will deliver all announcements to users through formal page announcements, site letters, emails, customer service telephone numbers, mobile phone text messages or regular letters. We are not legally responsible for any winnings, promotions and other activities or information obtained through other channels.

18.7 Charges, handling fees, transactions and other fees: We have the right to adjust recharge, handling fees, transactions and other fees based on market conditions, and we have the right to terminate any promotions early.

19 Applicable Law

19.1 These Terms, your use of the Service, and any claim, counterclaim or dispute of any kind or nature arising directly or indirectly out of these Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflicts of law rules.

20 Jurisdiction and Dispute Resolution

20.1 You acknowledge and agree that in the event of any dispute, controversy, disagreement or claim, including the existence, validity, interpretation, performance, breach or termination of these Terms or any dispute arising out of or in connection with these Terms (" "Dispute"), the parties shall first submit the dispute to the Hong Kong International Arbitration Center ("HKIAC") in accordance with the Hong Kong International Arbitration Center Mediation Rules in effect at that time.

20.2 If the dispute is not resolved by signing a settlement agreement within ninety (90) days after the submission of the request for mediation specified in Article 20.1, then such dispute shall be submitted to HKIAC in accordance with the Hong Kong International Arbitration Center in effect at the time the notice of arbitration is submitted. Institutional Arbitration Rules" shall be finally settled through arbitration. The law applicable to this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of the Peoples Republic of China (Hong Kong).

20.3 You agree that the place of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). We shall appoint one (1) arbitrator, and you shall appoint one (1) arbitrator. The third arbitrator shall be appointed by the Chairman of HKIAC. Such arbitrators shall be freely selected and the parties shall not be restricted by any appointed list in selecting the arbitrator. The arbitration proceedings shall be conducted in English.

20.4 You agree that we should not be asked to provide general discovery information about documents, but only specific, identified documents that are relevant to and material to the outcome of the dispute.

20.5 Any arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

21 Severability, Complaints and Other Provisions

21.1 Severability: If any provision of these Terms shall be deemed unlawful, void or unenforceable for any reason, then that provision shall be deemed severable and shall not affect the legal effect of any other provision.

21.2 Complaints: If you have any complaints, feedback or questions, please contact our Customer Service through the Support Center. When you contact us, please provide us with your name and email address and any other information we may need to identify you, and any feedback, questions or complaints you have.

21.3 Miscellaneous: These Terms set out the parties’ comprehensive understanding of this subject and supersede all previous relevant understandings and communications. The terms and conditions of any other documents that are inconsistent with, contradictory to, or add to the content stipulated in these Terms will not be binding on us. You represent and warrant that all information disclosed to us in connection with these Terms of Service is true, accurate, and complete.

22 Definition and Explanation

explain

22.1 Unless otherwise stated, in these Terms:

(a) "Party" refers to BingX or the User, and "Parties" refers to BingX and the User;

(b) "Written" includes any record capable of being released (whether in electronic form or not);

(c) "Person", whether capitalized or not, shall include a natural or legal person as the context requires;

(d) "Terms" and "Schedule" mean the terms and schedules of these Terms respectively;

(e) "Including" and "without limitation" or any similar expressions in any sentence shall be construed as illustrative only and shall not limit the words preceding such term;

(f) "Day" (or "day"), "week", "month" and "year" should be interpreted with reference to the Gregorian calendar;

(g) The conduct or course of conduct shall include active acts and omissions;

(h) terms in the singular include the plural and vice versa; and

(i) Terms defined in applicable laws and regulations have the same meanings as in applicable laws and regulations.

22.2 When a word or expression is given a specific meaning, other parts of speech and grammatical forms of the word or expression have corresponding meanings.

22.3 The table of contents and titles of the Terms and Schedules are provided for convenience only and shall not affect the interpretation of these Terms.

22.4 Unless otherwise defined in these Terms or unless the context otherwise requires, terms defined in applicable laws and regulations shall have the same meanings as those defined in applicable laws and regulations.

22.5 Any translations of these Terms or other documents are provided for convenience only and may not accurately reflect the information contained in the original English. In the event of any inconsistency, the English version of these Terms or other documents shall prevail.

definition

22.6 The words in the table shall have the following meanings: