BitMake Terms of Service

 These BitMake Terms of Service (“Terms”) are entered into between you (referred to as “you” or “your”) and the operator of BitMake (defined below). By accessing, downloading, using, or clicking “I Agree” to any BitMake Services (defined below) provided by BitMake (defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms, including any additional terms and conditions that apply to certain features of BitMake Services as well as our Privacy Policy, as updated from time to time.

 

Please carefully read these Terms as they govern your use of BitMake Services. These Terms include several important provisions, including an arbitration provision that requires all claims to be resolved by binding, individual arbitration. The arbitration provision is set forth in Section 10, “Dispute Resolution: Arbitration Venue, Arbitration, Class Action Waiver.” Like any asset, the value of digital currencies (defined below) may fluctuate greatly and there is a substantial risk of economic loss in buying, selling, holding, or investing in digital currencies and their derivatives. By using BitMake Services, you acknowledge and agree that: (1) you understand the risks associated with trading digital currencies and their derivatives; (2) you assume all risks associated with using BitMake Services and engaging in digital currency and its derivatives trading; and (3) BitMake shall have no responsibility for such risks or adverse outcomes.

 

By accessing, using, or attempting to use BitMake Services in any capacity, you acknowledge and agree to be bound by these Terms. If you do not agree to these Terms, do not access or use BitMake Services.

 

I.Definition

1.BitMake : Refers to the ecosystem created by BitMake website (domain including but not limited to https://www.bitmake.com/), mobile applications, clients and other applications for providing BitMake services, including various independent platforms, websites and clients operated within the BitMake ecosystem. If the applicable terms of use of these platforms are inconsistent with this User Agreement, the terms of the respective platforms shall prevail.

 

2.BitMake Operator: Refers to the various entities that operate BitMake, including but not limited to providers of BitMake services, unincorporated organizations, teams, etc. For the sake of convenience, unless otherwise specified, references to "BitMake" or "we" in this Terms of Use refer specifically to the BitMake Operator. Under this Terms of Use, the BitMake Operator may change due to adjustments in BitMake's business, and the changed BitMake Operator will jointly perform this Terms of Use with you and provide you with services. The change of BitMake Operator will not affect your rights under this Terms of Use. In addition, the scope of BitMake Operator may expand due to the provision of new BitMake services, and if you continue to use BitMake services, it is deemed that you agree that the new BitMake Operator jointly performs this Terms of Use with you. In the event of a dispute, you must determine the party with whom you are contracting and the opposing party to the dispute based on the specific service you use and the specific behavior that affects your rights.

 

3.BitMake Services: Refers to various services provided to you by BitMake, including but not limited to digital asset trading platform, lending platform, BitMake wallet services and other services that may be offered in the future, through various forms such as BitMake website, mobile application, client, etc., based on the Internet and/or blockchain technology, including new service forms that may emerge in the future technological developments.

 

4.BitMake platform rules: Refers to all the rules, interpretations, announcements, statements, agreements, and other contents that have been or will be published by BitMake, as well as all kinds of rules, implementation details, product process instructions, announcements, etc. that are published in the help center, product or service processes.

 

5.User: Refers to individuals, organizations, or groups who access, download or use BitMake, or use BitMake services, and comply with BitMake's qualifications and conditions; if there are other agreements for developers, distributors, market makers, digital currency exchanges, etc., they should be executed in accordance with those agreements.

 

6.Digital currency: Refers to encrypted tokens, digital tokens, or encrypted currencies that are generated based on blockchain technology and encryption technology, are issued and managed in a decentralized form, and have certain value.

 

7.Digital assets: Refers to electronic assets that have certain value, including digital currencies, derivatives of digital currencies, or other types of electronic assets.

 

8.BitMake account: Refers to the fundamental virtual account created by BitMake for users to record their use of BitMake services, transactions, asset changes, and basic information on BitMake, including main accounts and sub-accounts. BitMake account is the basis for users to enjoy and exercise various rights on BitMake.

 

9.Spot trading: Refers to the spot trading of digital currencies by exchanging digital currencies.

 

10.Wallet account: Refers to the account that is separated from the trading account assets according to this Usage Agreement (including the BitMake Contract Service Agreement and BitMake Platform Rules), and is set up separately for depositing and withdrawing assets. Assets need to be transferred to the trading account in order to engage in spot trading, contract trading, financial management, and other services.

 

11.Lending/Borrowing: Lending refers to the facilitation of idle assets for BitMake users to earn income by lending, while borrowing refers to the facilitation of users to borrow the required assets into their accounts to meet short-term liquidity funding needs.

 

12.KYC: Refers to the "Know Your Customer" process that BitMake implements before establishing business relationships or conducting transactions with its users. As part of this process, BitMake may do anything it deems necessary to identify users, verify their identity, review and investigate their transactions, or comply with any applicable laws or regulations.

 

II. General Provisions

 

1. Scope of Effectiveness

 

a. Scope of Subjects

 

This User Agreement is jointly entered into by you and the operator of BitMake and has contractual effect on both parties.

 

b. Supplementary Terms

Due to the rapid development of the digital currency ecosystem and the BitMake ecosystem, this User Agreement entered into between you and the operator of BitMake cannot fully list and cover all your rights and obligations with BitMake, and the existing provisions cannot guarantee full compliance with the needs of future development. Therefore, the Privacy Policy, BitMake Platform Rules, and any other agreements you enter into with BitMake are supplementary terms to this User Agreement, which are inseparable and have the same legal effect as this User Agreement. If you use BitMake services, it is deemed that you agree to the aforementioned supplementary terms.

 

c. Changes to these Terms of Use.

BitMake reserves the right to independently decide, modify or change the terms of this User Agreement at any time. BitMake will notify users of any changes by updating the online revised terms and displaying the [latest revision date] on this page. Any and all modifications or changes to this User Agreement will be effective immediately upon being posted on the website or sent to users. Therefore, your continued use of BitMake services means you accept the modified terms and rules. If you do not agree to any modifications to this User Agreement, please immediately stop using BitMake services. BitMake encourages you to review this User Agreement regularly to ensure that you understand the terms and conditions applicable to your access and use of BitMake services.

 

d. Prohibited Use

This service is only intended for users who are 18 years of age or older. By accessing or using our service, you declare and warrant that you are at least 18 years old and have not been deprived of the right to use this service. You also represent and warrant that you are not on any trade or economic sanctions list of any authorized agency, including but not limited to: terrorism and terrorist financing - ISIS (Daesh), Al-Qaeda, Taliban and related individuals, groups, businesses and entities, any individual or entity designated by the United Arab Emirates (UAE) (the "local terrorism list"); and proliferation of weapons of mass destruction (WMD) - Democratic People's Republic of Korea: nuclear-related, other WMD-related and ballistic missile-related programs; Islamic Republic of Iran: nuclear program; and other sanction lists, such as those of the United Nations Security Council, the European Union, the Hong Kong Monetary Authority, Hong Kong Customs, and other law enforcement agencies.

 

In addition, we do not offer this service in all countries or regions, and provide partial or no service to users in specific restricted areas, which currently include China, the United States, Singapore, North Korea, Iran, Syria, Cuba, Venezuela, Russia and other regions designated by BitMake operators from time to time under these Terms of Use. The content of this clause shall not be excluded by the laws of the country or region to which the user belongs. Therefore, if you do not meet these requirements, please do not use our service. Residents of Ontario, Canada, and the Bahamas may not open a new account with BitMake or access the service if they have not already done so.

 

2. BitMake's Nature

 

As a global online digital asset trading platform, BitMake provides users with various trading platform services, technical services, and other services related to digital assets. As further detailed in Article 3 below, users must register and open an account on BitMake and deposit digital assets before starting trading. Users may apply for the withdrawal of digital assets but must comply with the restrictions and conditions set forth in these Terms of Use.

 

Although BitMake has always been committed to maintaining the accuracy of the information published on the BitMake service, BitMake cannot and does not guarantee the accuracy, applicability, reliability, completeness, enforceability, or suitability of the content provided through the BitMake service, nor does it assume any responsibility for any losses or damages that may directly or indirectly result from your use of this content. Information regarding the BitMake service may change without notice, and the primary purpose of providing this information is to assist users in making independent decisions. BitMake does not provide any type of investment or advisory advice, nor is it responsible for the use or interpretation of information on BitMake or other communication media. All users of the BitMake service must be aware that digital asset trading carries risks. BitMake encourages all users to act prudently and engage in responsible trading within their capabilities.

 

3. BitMake Account Registration and Requirements

 

a. Registration

 

All users must apply to register a BitMake account on the BitMake platform before using BitMake services. When registering a BitMake account, you must provide the information described in this paragraph 3 or other information required by BitMake, and accept these Terms of Use, Privacy Statement, and other BitMake platform rules. BitMake may decide to refuse to open a BitMake account for you. You agree to provide complete and accurate information when opening a BitMake account and agree to promptly update any information you provide to BitMake to maintain the completeness and accuracy of the information. Each user (including natural persons, companies, or legal entities) can only keep one primary account at any time. However, with the consent of BitMake, one or more sub-accounts may be opened under the primary account. In accordance with the provisions of these Terms of Use or supplemental terms, when you use certain BitMake services, we may require you to open separate special accounts independent of the BitMake account. Except as otherwise provided in these Terms of Use or supplemental terms, the rules of this paragraph and paragraph six shall equally apply to the registration, use, protection, and management of such transaction accounts.

 

b. Qualifications

 

By registering and using a BitMake account, you represent and warrant that you (a) are at least 18 years of age or have reached the legal age to enter into a binding contract under applicable law if you are an individual; (b) are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms of Use; (c) have not previously been suspended or disqualified from using the BitMake platform or BitMake services; (d) currently do not have a BitMake account; (e) are not a resident of or located in a restricted area or accessing the BitMake platform or BitMake services in any other manner from a restricted area, or acting on behalf of individuals or legal entities residing or located in restricted areas. For the purposes of these Terms of Use, "restricted areas" shall include China, the United States, Singapore, North Korea, Iran, Syria, Cuba, Venezuela, and other locations designated by BitMake operators from time to time under these Terms of Use; (f) if you are an employee or agent of a legal entity and sign these Terms of Use on behalf of that legal entity, you represent and warrant that you have the necessary rights and authorization to bind that legal entity and access and use the BitMake platform and BitMake services on its behalf; (g) your use of the BitMake platform and BitMake services will not violate any applicable laws and regulations, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorism financing, of yourself or the legal entity you represent.

 

c. User Identity Verification

 

By registering a BitMake account, you agree to provide personal information as required for identity verification. This information will be used to confirm user identity, detect clues of money laundering, terrorist financing, fraud, and other financial crimes committed on BitMake or for other legitimate purposes declared by BitMake. We will collect, use, and share this information in accordance with our published Privacy Policy. In addition to providing this information, you agree to allow us to retain records of this information during the term of your BitMake account and for 5 years after your account is closed, in order to comply with global industry standards for data storage. You also authorize us to conduct identity verification or investigations necessary to protect you and/or us from financial crimes such as fraud, directly or through third parties. The identity verification information we may require includes, but is not limited to, your name, email address, contact information, phone number, username, government-issued identification, date of birth, and other information collected at the time of account registration. By providing this required information, you confirm that it is true and accurate. After registration, you must ensure that the information remains truthful, complete, and up-to-date, and must promptly update any changes. If there is any reason to suspect that any information you provided is incorrect, untrue, outdated, or incomplete, BitMake may send you a notice to request correction, directly delete relevant information, and (depending on the circumstances) terminate all or part of the BitMake services provided to you. If BitMake is unable to contact you through the provided contact information, you shall be responsible for all losses or expenses incurred by BitMake during your use of the BitMake services. You hereby acknowledge and agree that it is your responsibility to update all information if there are any changes. By registering an account, you hereby authorize BitMake, directly or through third parties, to conduct any investigations that BitMake deems necessary to verify your identity or to protect you, other users, and/or BitMake from fraud or other financial crimes, and to take any action that BitMake deems necessary based on the results of such investigations. You also acknowledge and agree that your personal information may be disclosed to credit bureaus and fraud prevention or anti-money laundering agencies, which may provide us with a comprehensive response to our investigations.

 

d. Account Usage Requirements

 

BitMake accounts can only be used by the account registrant. BitMake reserves the right to suspend, freeze, or cancel the use of BitMake accounts by anyone other than the account registrant. If you suspect or discover unauthorized use of your username and password, you should immediately notify BitMake. BitMake is not responsible for any losses or damages caused by your use of BitMake accounts or by any third party (whether authorized by you or not) using your BitMake accounts.

 

 

e. Account Security

 

BitMake is committed to maintaining the security of user entrusted funds and has implemented industry-standard protection measures for BitMake services. However, individual user behavior may pose risks. You agree to treat your access credentials (such as username and password) as confidential information and not disclose such information to any third party. You also agree to be solely responsible for taking necessary security measures to protect the security of your BitMake account and personal information.

 

You are solely responsible for safeguarding your BitMake account and password, as well as all activities carried out under your BitMake account. BitMake is not responsible for any losses or consequences arising from the authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information publication, agreeing to or submitting various rules and agreements through website clicks, online renewal agreements, etc.

 

By creating a BitMake account, you agree that:

 

i. If you know of anyone who has unauthorized access to your BitMake account and password or any other security violation, you will immediately notify BitMake;

 

ii. You will strictly comply with all security, authentication, transaction, fee, exit mechanisms or procedures of BitMake;

 

iii. You will take appropriate steps to log out and exit from BitMake after each visit.

 

III. BitMake Services

After completing the BitMake account registration and authentication procedures, you can use various BitMake services in accordance with the provisions of these terms of use (including BitMake platform rules and other single agreements), including but not limited to conducting spot trading, contract trading, obtaining market data, research, and other information published by BitMake, and participating in user activities held by BitMake. BitMake has the right to:

 

Decide to launch, modify, or terminate any BitMake services on its own;

Allow or prohibit some users from using any BitMake services in accordance with the relevant BitMake platform rules.

BitMake has the exclusive right to decide which digital assets will be listed on the platform and can decide to add or remove digital assets from the platform from time to time. BitMake can also change the order size for each digital asset. For such additions, deletions, or modifications, BitMake may (but is not obligated to) notify users in advance and is not responsible for any liability related to such additions, deletions, or modifications.

 

1. Service Usage Guidelines

 

a. License

 

Subject to your ongoing compliance with the terms and conditions expressly set forth in these Terms of Use, BitMake grants you a revocable, limited, non-exclusive, non-transferable, and non-sub-licensable license to access and use BitMake Services for your personal/internal purposes via your computer or Internet-compatible device, free of charge. You may not use BitMake Services for resale or commercial purposes, including on behalf of others or entities. All such use is expressly prohibited and constitutes a material breach of these Terms of Use. The arrangement, format, functionality, and access rights of BitMake Services shall be determined by BitMake. BitMake hereby reserves all rights not expressly granted under these Terms of Use. Accordingly, you are expressly prohibited from using BitMake Services in any manner not specifically authorized by these Terms of Use.

 

These Terms of Use only grant a limited license to access and use BitMake Services. Therefore, you agree that BitMake will not transfer ownership of BitMake Services or any ownership or intellectual property rights in BitMake's intellectual property to you or any other person while you are using BitMake Services. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information and documentation, and the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained in the Service or made available through BitMake Services is owned, controlled, and/or licensed exclusively by BitMake's operator or its affiliates, parent companies, licensors or affiliates.

 

BitMake will own any feedback, suggestions, ideas, or other information or materials (collectively, "Feedback") provided by you through email, BitMake Services, or any other means regarding BitMake or BitMake Services. You hereby transfer all rights, ownership, and interests in and to such Feedback, including all related intellectual property rights, to BitMake. You have no right and hereby waive any claim to any modification made by BitMake based on any Feedback or any compensation or acknowledgment for any Feedback.

 

b. Restrictions

 

When you use BitMake services, you agree and promise to comply with the following provisions:

 

i. All activities conducted by you during the use of BitMake services will comply with applicable laws and regulations, this Terms of Use, and various guidance principles of BitMake;

 

ii. Your use of BitMake services will not violate public interests, public morals, or the legitimate interests of others, including taking any actions that may interfere with, disrupt, negatively affect, or prohibit other users from using BitMake services;

 

iii. You agree not to use these services for market manipulation (such as price manipulation, wash trading, self-trading, front-running, stuffing, bait-and-switch, or layered orders, whether or not prohibited by law);

 

iv. The following commercial behaviors using BitMake data are prohibited unless approved in writing by BitMake:

 

Trading services that use BitMake quotes or market bulletin information.

Data feed or data stream services that utilize any market data from BitMake.

Any other websites/applications/services that charge or otherwise commercially profit from market data obtained from BitMake (including through advertising or referral fees).

 

V. Without prior written consent from BitMake, you may not modify, copy, reproduce, duplicate, download, store, further transmit, disseminate, transfer, decompile, broadcast, publish, remove or alter any copyright notice or label, license, sublicense, sell, mirror, frame, rent, lease, private label, grant security interests in or otherwise exploit any portion of the Property or create any derivative works based on it, or use any portion of it in any way.

 

Vi. You may not (i) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, script, algorithm or method, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Property, or in any way reproduce or circumvent the navigational structure or presentation of the BitMake Services to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the BitMake Services; (ii) attempt to gain unauthorized access to any portion or feature of the Property, or any other systems or networks connected to the BitMake Services or to any BitMake server or to any of the BitMake Services offered on or through the Services, by hacking, password "mining" or any other illegitimate or prohibited means; (iii) probe, scan or test the vulnerability of the BitMake Services or any network connected to the Property, breach the security or authentication measures on the BitMake Services or any network connected to the BitMake Services; (iv) reverse look-up, trace or seek to trace any information on any other user or visitor to the BitMake Services; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the BitMake Services or BitMake's systems or networks or any networks connected to the BitMake Services or BitMake; (vi) use any device, software or routine to interfere with the proper working of the BitMake Services or transactions conducted on the BitMake Services or with any other person's use of the BitMake Services; (vii) forge headers, impersonate any person or entity, or otherwise manipulate identifiers in order to disguise the origin of any message or transmission you send to BitMake or (viii) use the BitMake Services in any unlawful manner.

 

By accessing BitMake services, you agree that BitMake has the right to investigate any actions that violate these Terms of Use, unilaterally determine whether you have violated these Terms of Use, and take action without your consent or prior notice to comply with applicable regulations. Examples of such actions include but are not limited to:

 

1. Blocking and closing order requests;

2. Freezing accounts;

3. Reporting events to authorities;

4. Disclosing alleged violations and actions taken;

5. Removing any non-compliant information posted by you.

 

IV. Liability

 

1. Disclaimer of Warranties

 

To the maximum extent permitted by applicable law, BitMake Services, BitMake Materials, and any products, services, or other items provided by BitMake or on behalf of BitMake are provided on an "as is" and "available" basis, and BitMake expressly disclaims, and you waive, all other warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement, or warranties arising from course of performance, course of dealing, or usage in trade, with respect to the Site, BitMake Services, or BitMake Materials. Without limiting the foregoing, BitMake makes no representation or warranty that the Site, BitMake Services, or BitMake Materials will be accurate, complete, reliable, available, error-free, or free of viruses or other harmful components. BitMake does not guarantee that any orders will be executed, accepted, recorded, or remain open. Except as expressly provided in these Terms of Use, any agreement, or any rules or policies, you hereby acknowledge and agree that you have not relied upon any other oral or written statements or agreements in using and accessing the BitMake Services. Without limiting the foregoing, you hereby understand and agree that BitMake shall not be responsible for any loss or damage arising out of or related to: (A) inaccuracies, defects, or omissions in digital asset price data; (B) any errors or delays in such data transmissions; (C) interruptions in such data; (D) BitMake's periodic or routine maintenance or any service changes resulting therefrom; (E) any harm caused by the actions, inactions, or violations of these Terms of Use by other users; (F) any harm caused by unlawful or unauthorized actions of third parties; and (G) any other disclaimers or limitations of liability set forth in the BitMake disclaimer or other platform rules. If the implied warranty disclaimer set forth herein is not permitted under the laws of the jurisdiction where you reside, then such warranty disclaimer may not apply to you.

2. Damages Disclaimer and Liability Limitation

 

To the fullest extent permitted by applicable law, BitMake, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors shall not be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities (including but not limited to loss of data, information, revenue, profits or other business or financial benefits) arising from or in connection with the BitMake Services, any performance or non-performance thereof, or any other products, services or other items provided or represented by BitMake and its affiliates, regardless of the theory of liability, whether in contract, regulation, strict liability or otherwise, even if BitMake has been advised of the possibility of such damages, unless such damages are caused by BitMake's gross negligence, fraud, willful misconduct, or intentional illegal conduct as ultimately determined by a court of competent jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

 

Notwithstanding the foregoing, in no event shall BitMake, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any liability arising from or in connection with the BitMake Services, any performance or non-performance thereof, or any other products, services or other items provided or represented by BitMake or its affiliates, whether in contract, regulation, strict liability or otherwise, that exceeds the amount of fees paid by you to BitMake under these Terms of Use during the twelve months preceding the event giving rise to the liability claim.

 

3. indemnify

 

You agree to indemnify BitMake operators, its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents, and hold them harmless from any and all claims, suits, proceedings, investigations, demands, actions, costs, expenses, and damages (including attorneys' fees, fines, or any fines levied by regulatory authorities) arising out of or in connection with any of the following: (i) your use of BitMake services or any actions related to BitMake services; (ii) your breach of the BitMake service terms or our enforcement of the BitMake service terms; or (iii) your violation of any applicable laws, regulations, or any third-party rights while using BitMake services. If you have an obligation to indemnify BitMake operators, its affiliates, contractors, licensors, and their respective directors, officers, employees, or agents under the BitMake service terms, BitMake shall have the right to control any litigation or proceeding and determine whether BitMake wishes to settle and, if so, on what terms.

 

V. Announcements

 

Please note that all official announcements, news, promotions, contests, and airdrops from BitMake will be posted on the [Help Center-Announcement Center] section. Users are committed to regularly and promptly reviewing this information. If users suffer personal losses due to ignorance or negligence regarding the announcements, BitMake will not assume any compensation responsibility.

 

VI. Termination of Agreement

 

1. Account Suspension

 

You agree that BitMake has the right to immediately suspend your BitMake account (and any accounts owned by affiliated or related entities that hold any beneficial interest in the account), freeze or lock all digital assets or funds in such accounts, and suspend your access to BitMake, including in the event that any such BitMake account is suspected of violating these Terms of Use, our Privacy Statement, or any applicable law or regulation. You agree that BitMake shall not be liable for any permanent or temporary modification to, or suspension or termination of, access to all or any portion of the Services in connection with your BitMake account. BitMake has the right to preserve and use data or other information relating to transactions associated with the BitMake account. The account controls described above may also be applied under the following circumstances: the BitMake account is subject to government proceedings, criminal investigation, or other pending litigation; we detect unusual activity in the BitMake account; we detect illegal access to the BitMake account; or we have deemed it necessary to take such action pursuant to a court order or order of a regulatory/governmental authority.

 

2. Account Termination

 

BitMake has the right to terminate these Terms of Use and is entitled but not obliged to permanently freeze (cancel) the authorization granted by you for the account and revoke the corresponding BitMake account if any of the following events occur:

BitMake terminates its services to you;

l You are found to have registered as a BitMake user directly or indirectly under another person's name;

l The information you provided is untrue, inaccurate, outdated or incomplete;

l You indicate that you do not accept the modified terms of the BitMake Service Agreement by applying to cancel your BitMake account or in any other way;

l You request to terminate the service;

l Any other situation where BitMake believes that the service should be terminated.

 

If your BitMake account is terminated, the account and transaction information that meets the data retention standards will be securely kept for 5 years. In addition, if there are any transactions that are still ongoing during the account termination process, BitMake has the right to inform your trading partner of the situation at the time. You agree that user-initiated account deletion (right to erasure under GDPR or other equivalent regulations) will also be subject to the termination agreement mentioned above. If BitMake is informed that any digital assets or funds in your BitMake account have been stolen or are not legally owned by you, BitMake may, but is not obligated to, manage and control the affected funds and your BitMake account. If it is indeed necessary to manage and control part or all of the funds or accounts, BitMake may continue to hold them until the dispute is resolved, and evidence acceptable to BitMake for dispute resolution has been provided in a form acceptable to BitMake. BitMake will not participate in any such disputes or dispute resolutions. You agree that BitMake is not responsible for any such management or control, or for your inability to withdraw digital assets or funds or execute transactions during any such management or control period.

 

3.Remaining Funds After Account Termination

 

Except as provided in Section 4 below, once a BitMake account is closed/revoked, all balances on the BitMake account, including any fees or debts owed to BitMake, will be immediately payable to BitMake. After all outstanding fees have been paid to BitMake (if any), users will have 5 business days to withdraw all digital assets or funds from their account.

 

4.Remaining funds after account termination due to fraud, illegal activity, or violation of these terms

In the event of account suspension/closure due to fraud investigation, illegal investigation, or violation of these terms, BitMake reserves the full custody rights over all digital assets, funds, and user data/information in the BitMake account, which may be transferred to government agencies.

 

5.Dormant Accounts

 

Notwithstanding anything to the contrary in this Section 6, BitMake may provide written notice requiring you to close all open positions and withdraw all digital assets from your BitMake account within 30 days of the notice being issued. If you fail to do so, BitMake may, at its absolute discretion and without prior notice to you:

 

(a) treat your BitMake account as a dormant account;

 

(b) close out any open positions in any BitMake products;

 

(c) convert digital assets into different types of digital assets (e.g., from BTC to BUSD). For the avoidance of doubt, BitMake Operators shall not be responsible for any profit losses, tax liabilities, or any other losses, damages, or expenses incurred by you as a result of such conversion;

 

(d) transfer the dormant account (including any digital assets contained therein) to BitMake Operator’s affiliates, any third-party custodian, or separate wallet, as BitMake deems reasonably necessary. In the event of such transfer, you shall have the right to retrieve your digital assets from the transferred account, subject to BitMake’s verification requirements, including completion of KYC;

 

(e) charge dormancy fees to BitMake Operators, their affiliates or any third parties to cover the costs of maintaining the assets, which fees shall be directly deducted from the dormant account on a monthly basis;

 

(f) close the dormant account at any time, and BitMake shall not be liable for any losses, damages, or expenses incurred by you as a result of such closure, except in cases of fraud or willful breach by BitMake.

 

Any assets in such dormant accounts shall be transferred as described in the fifth paragraph of Section 5. Once a dormant account is closed, you will not be able to reactivate it (i.e., if you wish to continue using BitMake services, you will need to register a new BitMake account).

 

6. Non-Financial Advice

 

BitMake is not your broker, intermediary, agent, or advisor, and there is no trust relationship or fiduciary obligation between you and BitMake in any transaction or other decision or activity that you engage in using BitMake services. Any communication or information provided to you by BitMake should not be construed as investment advice, financial advice, trading advice, or any other type of advice. Except as otherwise provided in these Terms of Use, all transactions are automatically executed based on the parameters of your order instructions and the published trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you based on your personal investment objectives, financial situation, and risk tolerance, and for bearing any risks or losses that you may incur. You should seek the advice of legal or tax professionals regarding your specific situation. BitMake does not recommend the purchase, sale, or holding of any digital assets to you. You should conduct your own due diligence and consult your financial advisor before making any investment decisions. BitMake shall have no responsibility for any decisions to purchase, sell, or hold digital assets made by you based on information provided by BitMake.

 

 

VIII. Compliance with Local Laws

 

Users are responsible for complying with local laws and other applicable laws and regulations related to their use of BitMake services in their local jurisdiction. Users must also consider all aspects of taxation under local laws, including withholding, collection, reporting, and remittance to the relevant tax authorities. All users of BitMake services acknowledge and declare that their source of funds is legal and not derived from illegal activities; users agree that BitMake may request users to provide or collect necessary information and materials to verify the legality of the source and purpose of their funds, pursuant to relevant laws or government orders. BitMake adheres to a cooperative attitude with global law enforcement agencies and will not hesitate to confiscate, freeze, terminate, or investigate user accounts and funds authorized by law.

 

IX. Privacy Statement

Accessing BitMake services requires the submission of some personal identification information. Please read the published BitMake Privacy Statement for a summary of guidelines related to BitMake's collection and use of personal identification information.

 

X. Severability, Complaints, and Other Provisions

 

Severability: If any provision of these terms is deemed unlawful, invalid, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity or enforceability of any other provisions.

Complaints: If you have any complaints, feedback, or questions, please contact our customer service at help@bitmake.com. When you contact us, please provide us with your name and email address, as well as any other information we may need to identify you, and let us know what feedback, questions, or complaints you have.

Other: These terms constitute the entire understanding between the parties with respect to the subject matter herein and supersedes all prior related understandings and communications. The terms and any conditions set forth in any other document which are inconsistent, conflicting or additional to those set forth herein shall not be binding on us. You represent and warrant that all information disclosed to us related to these terms is true, accurate and complete.

 

XI. Jurisdiction and Dispute Resolution

 

You acknowledge and agree that in the event of any dispute, disagreement, difference or claim, including any dispute arising out of, in connection with, or relating to the existence, validity, interpretation, performance, breach, or termination of this Agreement or any dispute arising from or related to this Agreement (a "Dispute"), the parties shall first attempt to resolve such Dispute through mediation under the then-current Hong Kong International Arbitration Centre Mediation Rules ("HKIAC Mediation Rules").

If a Dispute is not resolved through mediation within ninety (90) days of the submission of the request for mediation pursuant to section 20.1, the Dispute shall be submitted to HKIAC for final and binding arbitration in accordance with the then-current version of the HKIAC Administered Arbitration Rules in effect at the time of the submission of the arbitration notice. The law applicable to this arbitration agreement shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong").

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. The arbitrators shall be chosen freely and without regard to any designated list by the parties in selecting the arbitrators. The arbitration proceedings shall be conducted in English.

You agree that we shall not be required to provide general discovery information, but may be required to provide specific, identified documents that are relevant to and material to the resolution of the Dispute.

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

 

 

XII. Miscellaneous

 

1.Independent Parties. In performing under these Terms of Use, BitMake is an independent contractor and not your agent. These Terms of Use shall not be interpreted as evidence of a joint venture, partnership, franchise, or agency relationship between the parties.

2.Entire Agreement. These Terms of Use constitute the entire agreement between the parties with respect to the use of the BitMake service and supersede all prior or contemporaneous communications and proposals, whether written or oral, between the parties. The parties will not use trade or customary practices or course of dealing to modify, interpret, supplement, or alter these Terms of Use.

3.Interpretation and Amendment. BitMake reserves the right to modify, revise, amend, and/or change these Terms of Use at any time. All changes shall be effective immediately upon posting on the website. You are responsible for regularly reviewing the relevant pages on our website/application to ensure you are aware of the current version of these Terms of Use. If you do not agree to any such modification, your sole remedy is to discontinue using the BitMake service and terminate your account. You agree that BitMake shall not be liable to you or any third party for any modification, suspension, or termination of the BitMake service or any portion thereof, or your access to the service, except as expressly provided in these Terms of Use.

4.Language and Translation. BitMake may decide to translate these Terms of Use into languages other than English. You agree that any such translation is for your convenience only, and in the event of any ambiguity, difference, or omission between the English text and any translation, the English text shall prevail.

5.Force Majeure. BitMake shall not be liable for any delay or failure to perform under these Terms of Use due to any cause or circumstance beyond its reasonable control.

6.Severability. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect to the fullest extent permitted by law.

7.Assignment. You may not assign or transfer any rights or obligations under these Terms of Use, including any rights or obligations arising from law enforcement or changes in control, without BitMake's prior written consent. BitMake may assign or transfer all or any part of its rights or obligations under these Terms of Use without notice or your consent or approval.

8.Waiver. Failure to enforce any provision of these Terms of Use shall not affect a party's right to enforce such provision at a later time. The waiver of any breach of these Terms of Use or any provision hereof shall not be deemed a waiver of any subsequent breach or provision.

9.Third-Party Websites Disclaimer. Any links to third-party websites in the BitMake service do not imply endorsement by BitMake of any products, services, information, or disclaimers provided therein, and BitMake makes no representations or warranties as to the accuracy of the information contained therein. BitMake shall not be liable for any losses incurred by you in connection with your use of such third-party products or services. Additionally, because BitMake cannot control the terms of use or privacy policies of third-party websites, you should carefully review and understand those policies.

10.Apple Inc. Matters. If you use any Apple Inc. device, any commercial or reward activity that you participate in through the BitMake service provided by BitMake is independent of Apple Inc.

11.Contact Information. For more information about BitMake, please refer to the company and licensing information on the BitMake website. If you have any questions about these Terms of Use, please contact our customer support team at help@bitmake.com.