Effective Date: Aug 14, 2024

 

 

These Terms and Conditions (the “Terms” or this “Agreement”) govern the use of the electronic trading platform, including any website or mobile application (the “App”, together with the website, the “Site”) for accessing the platform, and any services provided through the platform (collectively, the “Platform”) provided by Bybit Fintech Limited (the “Company”, “we”, “us” or “our”).  The Terms form a binding agreement between the Company and you, as an individual user (“you”, “your” or “User”) for your individual usage of the App and Platform. By registering for and downloading the App and using the Platform, you confirm your acceptance of this Agreement and our associated Privacy Policy.  If you do not agree to these Terms, you must immediately uninstall the App and cease using the App and the Platform.
 

Securities Disclaimer: No material or any other information which may be made available on the Site or Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation to enter into any transaction with or purchase any product, or otherwise deal with securities, crypto assets or other products.  You further understand that none of the information providers, including any Third-Party Services Providers (as defined below) are advising you personally concerning the nature, potential, value or suitability of any particular security or crypto asset, portfolio of securities or crypto assets, transaction, investment strategy or other matter, and any information provided is not tailored to the investment needs of any specific person. You understand that an investment in any security or crypto asset is subject to a number of risks, and that discussions of any security or crypto asset published on the Site or Platform may not contain a list or description of relevant risk factors. Please note that markets change continuously, so any information, content, Third-Party Content (as defined below) or other material provided on or through the Site or Platform may not be complete or current, or may be superseded by more current information. You rely on such information at your own risk.  

No Professional or Investment Advice.  Our Site and Platform are not intended to provide tax, legal, insurance or investment advice, and nothing on the Site or Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or crypto asset by the Company. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

 

1. Definitions

Unless otherwise defined or the context otherwise requires, all capitalized terms shall have the meaning given to them in these Terms:

1. “Account” means the account established by a User that has downloaded the App or accessed the Site and registered with the Company to use the Site and the Platform.

2. “App” means the mobile application provided by the Company to access the Platform. 

3. “Authorized Individual” means any person that is authorized to access and use the Site (including the App) and Platform on behalf of a User.

4. “Biometric Authentication” means the identity authentication function using biometric credentials including fingerprint, facial recognition or any other biometric data (collectively, “Biometric Information”), as we may permit from time to time.

5. “Digital Assets” means Bitcoin, Ether, or other crypto or digital assets or currencies.

6. “Digital Platforms” refers to third-party distribution platforms where mobile applications or other software programs can be accessed or downloaded, including, but not limited to, the Apple App Store and Google Play.

7. “Governmental Authority” means any nation or government or any province or state or any other political subdivision thereof, or any entity, authority or body exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, any court, tribunal or arbitrator, and any self-regulatory organization.

8. “Material” means any offering material, term sheet, market data, research report, product or service documentation or any other information provided through the Platform.

9. “Personal Information” refers to information supplied by a User from which the identity of such User may be directly or indirectly ascertained.

10. “Privacy Policy” means the additional terms and conditions governing the collection, use and disclosure of each User’s Personal Information, as set out here. Each User must read and agree to the Privacy Policy in order to use the App or the Site.

11. “Service Notifications” are one-way notifications from the Company (which may include security-related notifications) via text message or emails and, where applicable, push notifications through the Site.  These notifications are sent to the User in respect of certain information or events relating to an account to which a User has access through the Platform.

12. “Third-Party Services Provider” is any third party that offers a trading, fiat-crypto exchange or other financial services account that can be registered and accessed through the Platform.

13. “Third-Party Account” means a separate financial services account that a User establishes with a Third-Party Services Provider to conduct transactions.

14. “User” means any person that has registered with the Company to use the Site and access the Platform and any Authorized Individual acting on their behalf.

15.  “User Identification Policy” means the know-your-client policy and procedures adopted by the Company from time to time regarding the User’s access to the Platform.

16. “User Credentials” means the set of user identification, password, personal identification number, token and any other information or device provided to a User to access the Platform
    
    
    

2. Changes

2.1 We reserve the right at any time to:

1. modify, update or change the terms and conditions of this Agreement or our Privacy Policy ; 

2. modify, update, or change the Site and Platform, including eliminating or discontinuing any content or feature of the Site or Platform; or

3. impose fees, charges or other conditions for use of the Platform or parts thereof (with reasonable notice). 

(all of the foregoing referred to as “Changes”).

 

2.2 We may make such Changes at any time without prior notice (except as noted in subsection (c) above).  Any Changes to this Agreement may be posted on our website or notified to you through push notifications through the Site or an email to the email address in your Account. For this reason, you should check our website regularly, allow the Site to receive such push notifications, and keep your email address and other contact information up to date in the Account. You accept any Changes if you continue to use the Site and Platform after such Changes are effected.

 

 

3. Digital Platform Terms

3.1 The App may be available for download from one or more Digital Platforms. Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable Digital Platform (the “Digital Platform Terms”). If there is any conflict between these Terms and the Digital Platform Terms, then these Terms will prevail.

 

3.2 The App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any Digital Platform. You and we acknowledge that this Agreement is entered into between you and us only, and not with any Digital Platform, and we, not the Digital Platform, are solely responsible for the App and the content thereof to the extent specified in this Agreement.

 

3.3 You and we acknowledge and agree that the relevant Digital Platform, and that Digital Platform’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that Digital Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

 

 

4. Network Device and Carrier Requirements

4.1 You acknowledge that your agreement with your mobile and Internet network provider (the “Network Provider”) will apply to your use of the Site. You acknowledge that you may be charged by your Network Provider for data services while using certain features of the Site or any other third-party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the mobile/Internet device being used to access the Site, you will be assumed to have received permission from the bill payer for using the Site. You must also ensure that your use of the Site is not in violation of your mobile or Internet device agreement or any wireless data service agreement.

 

 

5. Eligibility and Registration

5.1 You must be at least eighteen (18) years of age to access and use the Site and Platform. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You must register with the Company to use the Site and the Platform; you agree to provide complete and accurate information when registering to use the Site and the Platform, and to keep that information updated. 

 

5.2 We have the sole discretion to accept or reject your registration with the Platform. Only Users whose registration are approved by us will be our customers. 

 

 

6. Intellectual Property

6.1 All title, ownership rights and intellectual property rights in or relating to the Site and Platform, any information transmitted by, to or over the Platform and information regarding use of the Platform will remain with the Company or its licensors. Nothing on the Platform will be construed as conferring on any User any license, save as expressly set out herein, of any of the Company’s or any third party’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.

 

6.2 The Platform and App may provide you access to content, information, quote, videos, photos or other materials (the “Third-Party Content”) supplied by certain third parties (the “Third-Party Content Providers”). The Company does not endorse or recommend, and is not responsible for verifying the accuracy, validity or completeness of any Third-Party Content provided through the Site or Platform.   Your use or reliance on such Third-Party Content is at your sole risk. All title, ownership rights and intellectual property rights in or relating to the Third-Party Content will remain with the applicable Third-Party Content Provider. Nothing on the Platform will be construed as conferring on any User any license, save as expressly set out herein, of any Third-Party Content Provider’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.

 

6.3 Provided you are in compliance with these Terms, you can download and access the Site on a single mobile device and access the Platform using properly issued User Credentials. All other rights in the Site are reserved by the Company.  In the event of your breach of these Terms, we will be entitled to terminate your use and access to the Site and Platform immediately.

 

6.4 You agree not to:

1. modify, adapt, reproduce, translate or create derivative works of the Site or Platform, or any data or content (including the Third-Party Content) provided through the Site or Platform, or any portion thereof, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or Platform;

2. remove any copyright notice, trademark, legend, logo or product identification from the Site or Platform;

3. misrepresent the other sites as the Company’s Site by co-opting the visual “look and feel” of or text from the Company’s Site or otherwise violate the Company’s intellectual property rights, including, without limitation, “scraping” text or images from the Company’s Site or the Company managed banners and/or text links, search marketing or all other online and offline campaigns, 

4. edit, modify, filter, truncate or change the order of the information contained in any part of the Company’s Sites, or remove, obscure, or minimize any part of the Company’s Site in any way without authorization of the Company; or

5. make any commercial use of the Site or Platform or the Company’s logo, trademark or brand name in any way.
   
   

6.5 Each User authorizes the Company to use any information or content provided by the User or processed in connection with the use of the Site and Platform (e.g. Personal Information, geographic information, device information) in the context and for the purpose of providing services or products on the Platform and the secure use of the Site and the Platform. 

7. Account

7.1 In order to use the services on the Platform, you must create an account with the Platform (the “Account”).  The Account will be used to record various Digital Assets transferred by you onto the Platform and conduct transactions on the Platform. The Account may be registered by any individual who is over eighteen (18) years old or an institution by its duly authorized representatives, provided such individual and institution have read and understand the Risk Disclosure Statement, which is incorporated by reference into, and shall be a part of this Agreement. Each User shall only register one trading Account on the Platform. Registration of multiple trading Accounts would be a violation of these Terms and may lead to immediate termination of these Terms and the Accounts involved.

 

7.2 The Account is not a bank account and the Digital Assets held in the Account are not deposits or other financial products. Except as otherwise permitted by the Platform, no interest will be paid on any funds or Digital Assets under your Account, and all Digital Assets that are directly held by us for your benefit are not insured by any Governmental Authority.

 

7.3 You may fund the Account by transferring Digital Assets from your accounts with third parties into the Account. No fees are charged by the Platform for funding the Account; however, third parties, such as your bank, may charge transaction and other fees. The Digital Assets will be transferred to the Platform’s address for omnibus user account. The Platform will then credit your Account with such amount of Digital Assets on the Platform’s ledger.

 

7.4 You may withdraw all or some of the Digital Assets under your name recorded on the Platform’s ledger. There is no minimum amount of Digital Assets required to maintain your status as a User. Digital assets will be transferred from the omnibus user account held by the Platform to the specific Digital Assets address provided by you. Withdrawals may take up to three (3) days to complete, provided that larger withdrawals may take up to thirty (30) days to complete and that any withdrawal may be delayed as necessary to comply with Applicable Law and/or the Platform’s User Identification Policy.

 

 

8. Trading 

8.1 The Platform is a marketplace that allows you to place orders and facilitates the order matching and settlement of the purchase or sale of Digital Assets or its derivatives with other Users. The Platform simply matches purchase and sale orders put forth by Users and assists Users with carrying out their intent as expressed via the orders. Except as expressly specified otherwise in this Agreement, neither the Company nor the Platform is acting as a principal in or other participants in those transactions. Neither the Company nor the Platform is responsible for any disputes among or between Users regarding any transaction.

 

8.2 Matching orders are automatically paired by the Platform through its proprietary software and models, and the Platform will notify the respective Users that the order has been executed.  Once a match is made, the order is executed and cleared instantaneously. YOU SHOULD ONLY PLACE AN ORDER IF YOU FULLY INTEND TO COMPLETE THE TRANSACTION. You have the right to stop a preauthorized order by initiating procedures through your Account to effectuate closure of such open order.

 

8.3 Unless otherwise permitted by the Platform, you may only sell such amount of Digital Assets as does not exceed the total amount of Digital Assets held in your Account and recorded in the Platform ledger, plus the applicable Transaction Fee (as defined below). Any attempt by you to sell more Digital Assets than the Platform records show exists in your Account after the deduction of applicable Transaction Fee will result in an unsuccessful trade and may be grounds for termination of the Account.

 

8.4 You acknowledge that it may not be possible in all circumstances for you to cancel or modify an order, even before the order is matched or executed. We accept no responsibility for ensuring that an order is modified or canceled and you understand and agree that, if the order cannot be canceled or modified, you are bound by any execution of the original order. You further acknowledge that attempts to modify or cancel and replace an order may result in over-execution or the execution of duplicate orders, and you shall be responsible for all such executions.

 

8.5 You shall be deemed to have given orders through the Platform when we acknowledge such orders through the Platform or by such other means as we may determine (whether or not you actually receive or become aware of such acknowledgment). You understand that the Platform provides the ability to show the real-time status of all of your open orders and pending instructions. You further understand that it is your responsibility to monitor your open orders and pending instructions in real-time until the Platform acknowledges the full execution, cancellation or rejection of the orders or instructions and that we assume no responsibility or liability if you fail to do so. In the event that you fail to immediately notify us of any error in the real-time acknowledgment of the status of any of your open orders or pending instructions, including the Platform’s failure to promptly acknowledge the receipt of an order after you transmit such order, we reserve the right to exercise in good faith discretion to require you to accept the trade or to remove the trade from your Account at your sole benefit or loss. We may, in some cases, and at our sole discretion, require secondary electronic, verbal, written or other confirmation before acting if your Account activity is outside of its normal range of activities.

 

8.6 Your orders shall be subject to trading limits that we may establish, revise and communicate to you from time to time.

 

8.7 Subject to Section 8.10, once an order has been executed, the transaction may not be reversible. 

 

8.8 You acknowledge that, due to technical and other restrictions, the price of Digital Assets displayed on the Site may be delayed and therefore not reflect the current, live market value of such Digital Asset. Nonetheless, you agree that the prices displayed on the Site control the value of your Account and your use of the Platform and Site.

 

8.9 You acknowledge and agree that the Platform cannot and does not warrant or guarantee that any order placed through the Platform will be executed at the best posted price.  

 

8.10 Absent mutual consent of parties involved, we reserve the right to cancel or nullify trades in the event that:

1. the trade resulted from an identifiable interruption or malfunction of execution, settlement or communication system;

2. the trade that the Company, in its sole discretion, believes to be fraudulent, manipulative or disruptive to other Users or the Platform;

3. the trade was executed by any Account that has been hacked by unauthorized users and we determine in good faith that cancellation of the trades shall be in the best interest of Users or the Platform; or 

4. the Company believes in its sole discretion that your Account or trading activities therein violates these Terms.
   
   
   

9. Third-Party Accounts

9.1 You may be offered the ability to register and establish a Third-Party Account with a Third-Party Services Provider. Such Third-Party Account shall be subject to terms and conditions and policies established by Third-Party Services Provider for such Third-Party Account (“Third-Party Services Provider Terms”).  

 

9.2 You should read the Third-Party Services Provider Terms carefully before opening a Third-Party Account with such Third-Party Services Provider. If you do not agree to the Third-Party Services Provider Terms, you should not register and open the Third-Party Account with it. All trades and other transactions conducted through the Third-Party Account will be subject to the Third-Party Services Provider Terms.  In addition, you understand and agree that:

1. The Company will act solely as the platform administrator and service provider for the Third-Party Services Provider in terms of the Third-Party Accounts. As such, the Company may collect your Personal Information and other information on behalf of the Third-Party Services Provider in the process of opening the Third-Party Account and providing the Platform for transactions conducted through the Third-Party Account. Such Personal Information will be processed by the Company in accordance with its Privacy Policy and will be shared with the Third-Party Services Provider, which will process such Personal Information in accordance with its own privacy policy. 

2. The Company is not offering such Third-Party Account to you and has no responsibility or liability for such Third-Party Account or any transactions conducted through the Third-Party Account, or for any acts or omissions of the Third-Party Services Provider with respect to the Third-Party Accounts, Third-Party Services Provider Terms, or their processing of your Personal Information. The Company shall not be responsible for the transactions conducted by you or your Authorized Individuals with respect to your Third-Party Account. All inquiries and questions regarding the trading activities or other services with respect to the Third-Party Accounts that you submit to us will be directed by the Company to Third-Party Services Provider.
   
   
   

10. Fees

10.1 There is no charge to download the App and register as a User, but we may charge for certain in-app purchases and other features as we may specify from time to time.  

 

10.2 In exchange for access to the Platform and the Services, you agree to pay a fee on each settled transaction initiated by you (such fee, a “Transaction Fee”). The current Transaction Fee may be found on the Site after you log into your Account. We reserve the right to change, modify or increase the Transaction Fee at any time and from time to time. Any such changes, modifications or increases will be effective upon posting such changes, modifications or increases on the Site. If you do not agree to the posted changes, modifications, or increases, you should stop using the Account as provided herein. Your continued use of the Account following the posting of the modified Transaction Fee as posted on the Site will constitute the acceptance of all such changes or revisions.

 

10.3 Transaction Fees are paid by the trading parties in any given transaction. The trading parties will each be charged a fee in USDT/USDC or other currencies from time to time approved by us. You are responsible for any fees imposed by third parties in connection with transferring Digital Assets into your Account on the Platform. The Platform charges a fee to transfer Digital Assets from your Account.  

 

10.4 If you believe that you have been erroneously charged a Transaction Fee, you shall notify the Platform immediately of such error, along with any additional information concerning the transaction.  If you do not raise any question or objection within thirty (30) days after such alleged erroneous Transaction Fee first appears on any Account statement, such fee will be deemed acceptable by you for all purposes.

 

10.5 You may be charged transaction and other fees in connection with your Third-Party Account. Any such fees are specified in the Third-Party Services Provider Terms. We have no responsibility or liability for any fees or other cost or charges you may incur in connection with such Third-Party Account.