Terms of Use

Last Updated: 30 September 2024

BG Limited (hereinafter referred to as “Bitget” or "we") operates the Platform (defined below) and provides the Services (defined below). These Terms of Use (the “Terms”) constitutes a legally binding agreement between Bitget and you (hereinafter referred to as "you" or "user") and governs your access to the Platform and use of Services.

Any additional terms and documents (including but not limited to Fee Schedules, Risk Disclosure, and Privacy Policy and any applicable Product Terms), conditions, limitations, disclaimers and obligations contained within and on the Platform are incorporated into these Terms by reference.

You should read these Terms carefully. By accessing the Platform and/or using the Services, it is deemed that you have read and irrevocably agreed to these Terms, as may be modified and/or supplemented by Bitget from time to time without prior notice.

RISK WARNING

Trading of Digital Assets (as defined below) involves significant risk and may not be suitable for all investors. The value of Digital Assets may fluctuate significantly on any given day and may be affected by external factors such as financial or political events. The volatile and unpredictable fluctuations in price may result in significant losses, including possible total loss of your investment over a short period of time. It is your responsibility to consider whether buying, selling or holding Digital Assets is suitable for you in light of your financial circumstances.

Digital Assets activities conducted in certain jurisdictions may be unregulated or subject to limited regulations. Any regulatory changes or actions by any applicable authorities that are not connected to Bitget may adversely affect the use, transfer, exchange and value of a Digital Asset. The domestic government of a user may make it illegal for the user to trade Digital Assets.

You should read our Risk Disclosure carefully, for further information on the risks associated with accessing the Platform and/or using the Services. It does not, however, explain all of the risks that may arise, or how such risks relate to your own circumstances. You should fully understand the risks involved before accessing the Platform and/or using the Services.

Bitget has no fiduciary relationship or obligation to you in connection with any Transactions (as defined below) or other activities you undertake when using the Services. We are not your broker, intermediary, agent or advisor and we do not provide financial, investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind.

You expressly acknowledge that the use of the Services is at your own risk, based on your own independent review and assessment of its suitability for you, taking into account your specific investment objectives, financial situation, risk tolerance, investment experience, knowledge and needs. You are responsible for any loss or liability. We make no recommendations that any Digital Asset should be bought, earned, sold or held. Please conduct your own due diligence and if necessary, consult your financial, tax and other advisers before buying, selling or holding any Digital Asset. Bitget takes reasonable measures to provide accuracy of information on the Website. We will not be responsible or liable for any losses you make in relation to the buying, selling or holding of Digital Assets, including, without limitation, any losses which may arise directly or indirectly from use of or reliance on such information provided by us.

1. Definition

In these Terms, unless context otherwise requires, the following words and expressions shall have the following meanings respectively ascribed to them:

Account means any accounts or sub-accounts which Bitget maintains for you.

Account Credentials means your account details, username, passwords, personal identification numbers, API keys, API secret keys, or any other codes or forms of authentication that you use to access your Account or the Services or to send Instructions.

Account History means the written record, including the electronic records, of your Transactions and your Account.

Affiliates means a person, entity or company directly or indirectly, controlling, controlled by or under direct or indirect common control with another person, entity or company.

Airdrop means a distribution or attempted distribution by a Digital Asset network of any Digital Asset to Digital Asset addresses of a supported network.

API means an application program interface provided by Bitget or its Affiliates, or third-party applications relying on such API.

Applicable Law means all relevant or applicable statutes, laws, principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgements, by-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations issued by any governmental or regulatory authority, that are applicable to the provision, receipt or use of the Services, or any other products or deliverables provided, used or received in connection with the Services, these Terms, or other applicable terms and conditions.

Authorised Person means any person identified by you and communicated to us, that is authorised to act on a user’s behalf with respect to any Corporate Account.

Available Digital Assets means those Digital Assets that are available on the Platform in connection with the Services, which may change from time to time.

Bitget IP Rights means all IP Rights owned by or licensed to Bitget.

Corporate Account means a Bitget account maintained for a corporation, entity or other organisation for the provision of the Services.

Digital Assets means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens and tokenised derivatives of any other digital asset. Digital Assets do not include Fiat Currencies (as defined below).

Dominant Digital Asset means a Forked Digital Asset that has dominance over one or more other versions of a Digital Asset that was subject to the relevant Fork, as determined by Bitget in our sole discretion.

Fiat Currency means any government or central bank issued national, or supra-national, currency, or other monetary obligation denominated in such currency and which is not a Digital Asset.

Fork means any planned, unplanned, sudden, scheduled, expected, unexpected, publicised, not well-known, consensual, and/or controversial changes to the underlying operating rules of certain Digital Assets that may occur from time to time, in such a way as to result in the creation of one or more related versions of an existing Digital Asset.

Improper Intent means Bitget reasonably determines that there may be suspected or actual market manipulation and/or market abuse on your part, including without limitation, capitalising on opportunities where the executable price of a Transaction does not reflect prevailing market rates, or taking unfair advantage of the way in which Bitget offers prices.

Instruction means any instruction, request, or order given to Bitget by you or an Authorised Person in relation to the operation of your Account or to execute any Transaction, through such medium and in such form and manner as Bitget may require.

IP Rights means (i) registered and unregistered copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information; (ii) applications for registration, and rights to apply for registration, of any of the foregoing rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

Network Event in relation to a Digital Asset means, any event (other than an Airdrop or Fork) in respect of the blockchain or the smart contract that underlies a Digital Asset, which is beyond our control, and results in either (a) a loss of control or ownership of such Virtual Assets by Bitget or a third party; or (b) transaction records on the blockchain being altered, reversed or otherwise invalidated, whether by way of a fraudulent act or consensus, which shall include without limitation any double spending attack, 51-percent attack, or blockchain reorganization, in each case as determined by Bitget in good faith and in its sole discretion.

Platform means the digital platform that Bitget or any of its Affiliates may make accessible to you via website, mobile app, API or by such other means as Bitget or its Affiliates may prescribe from time to time.

Product Terms means the product-specific terms and conditions that are applicable to the use of a Service.

Prohibited Countries means the following countries and such other locations as designated by Bitget from time to time, including Canada (Alberta), Crimea, Donetsik, Luhansk, Cuba, Hong Kong, Iran, North Korea, Singapore, Sudan, Syria, United States (including the following U.S. Territories: Puerto Rico, Guam, U.S. Virgin Islands, American Samoa and Northern Mariana Islands and the following U.S. Minor Outlying Islands Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll and Wake Island), Iraq, Libya, Yemen, Afghanistan, Central African Republic, the Democratic Republic of Congo, Guinea-Bissau, Haiti, Lebanon, Somalia, Netherlands and South Sudan.

Restricted Person means a person or entity who is included in any trade embargoes or economic sanctions, terrorist or corrupt foreign officials list (such as the United Nations Security Council Sanctions List, issued by a government agency including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC), the denied persons or entity list of the U.S. Department of Commerce, or by the United Kingdom, European Union, Canada), or a person who is located, a citizen of, or a resident of a Prohibited Country.

Risk Disclosure means Bitget’s risk disclosure statement published on the Website.

Services means the services Bitget may make available to you through the Platform.

Transaction means selling, purchasing, or entering into any other type of transactions, or agreeing to sell, purchase or enter into any other type of transactions involving Digital Assets, derivatives, other assets or products as Bitget may from time to time permit to be carried out on the Platform, and transferring Digital Assets into or out of your Account.

U.S. Person means any natural person who is a United States citizen or resident, or any entity incorporated or established or operating in the United States, or any entity where any of its director(s), ultimate beneficial owner(s) or authorised person(s) is a United States citizen or resident.

User IP Rights means the IP Rights owned by or licensed to you as at the date of these Terms and any other IP Rights owned or acquired by or licensed to you after the date of these Terms, excluding Bitget IP Rights.

User-created IP Rights means any IP Rights created by you pursuant to these Terms, including the User Materials, but excluding User IP Rights.

User Materials means the IP Rights in any reviews, posts, information, data, and comments you or other users provide to Bitget on the Website, the Platform, through use of Services, or otherwise.

Website means the website located at www.bitget.com, and any other websites, pages, features, or content Bitget owns or operates.

2. Eligibility

You must register with the Platform before you may use the Services. You are eligible to register for an Account and use the Services if you:

2.1 are an individual, corporation, or other organization with full power and capacity to access and use the Services and enter into and comply with your obligations under these Terms;

2.2 are at least 18 years old if you are an individual;

2.3 act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into these Terms;

2.4 have not been previously suspended or removed from using Services;

2.5 do not currently have an existing Account;

2.6 are not accessing the Services in a jurisdiction where such Services are not permitted, restricted or illegal;

2.7 are not prohibited, restricted, unauthorized or ineligible to use the Services in any form or by any means (in whole or in part) as a result of these Terms, legal or regulatory requirements; or

2.8 are a Restricted Person.

3. Services

3.1 You are able to use the Services in accordance with these Terms and the applicable Product Terms that govern your use of Service once you have opened an Account with Bitget. You acknowledge and agree that some of the Services may be provided by Bitget’s Affiliates.

3.2 The Platform provides the following Services (the scope of which may be updated from time to time) to you:

(i) relevant information disclosed by digital assets projects, including its real-time quotation and trading information;

(ii) digital asset trading services;

(iii) customer services;

(iv) technical and management services ensuring the normal operation of the Platform; and

(v) other services publicly announced by the Platform.

3.3 Fiat Services

(i) For the avoidance of doubt, Bitget does not conduct or provide any currency exchange services from one Fiat Currency to another Fiat Currency.

(ii) Bitget does not provide any fiat services, such as fiat-to-crypto and/or crypto-to-fiat, notwithstanding that you may utilise the same on Bitget. All fiat services made available (whether on Bitget or through a redirection to a third party website) are provided by third-party providers (“fiat service providers”).

(iii) In the event you wish to utilize fiat services, you must agree to any terms and conditions, rules, policies provided by our fiat service providers and provide any information that may be required for the purposes of utilizing such services. In this regard, all fiat services shall be subject to the terms and conditions of our fiat service providers.

4. Fees and Tax

4.1 You agree to pay all applicable fees in connection with your use of the Services as set out in the Fee Schedule, or otherwise communicated to you in any applicable Product Terms.

4.2 Any calculations of fees made by us in connection with the Services are final and binding on you. Calculations will be made in accordance with the stated methodology for the relevant Services in our good faith discretion.

4.3 You authorise us to deduct all applicable fees, commissions, interest, charges and other sums that you owe from your Account under these Terms or any Product Terms in accordance with the method of calculation set out in the Fee Schedule. If you owe us an amount in one Digital Asset and do not have sufficient assets in that Digital Asset, we may deduct the sums owed in another Digital Asset to effect payment (in which case we will convert the Digital Asset you hold into the Digital Asset in which the sums owed to us are denominated, at the rate currently offered on the Platform or at such other commercially reasonable rate as we may determine from time to time). In the event that there are insufficient Digital Assets in your Account, you acknowledge that any amount due and payable from you under this clause is a debt immediately due and owing by you to us in such amount and form (whether in the form of a Digital Asset or otherwise) as we may determine, acting in a commercially reasonable manner.

4.4 We may adjust our fees or the Fee Schedule from time to time, which includes introducing new fees and/or charges. If you do not wish to accept the changes, you can close your Account. Your continued access to or use of the Services will be deemed acceptance of the updated fees.

4.5 It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. You agree that Bitget is not responsible for determining whether any taxes apply to your use of the Services, or for collecting, reporting or remitting any taxes arising from any Transaction or use of the Services. You acknowledge that we may report to tax authorities regarding certain Transactions made on the Platform, and we may, in our sole discretion or as required by Applicable Law, provide you with additional documentation or records needed by you to calculate any tax obligations. We may also withhold and deduct at source any taxes due under Applicable Law in our sole discretion.

5. About Your Account

Account Opening

5.1 In order to access the Platform and use the Services, you must register for an Account. This may be an Account for an individual user, or a Corporate Account for a corporation, entity or other organisation. All Accounts are provided at our sole and absolute discretion. Bitget reserves the right to refuse any application for an Account without reason.

5.2 If you are an individual user, you will use your Account only for yourself, and not on behalf of any third party. If you are a corporate user, the Authorised Person(s) will use the Account only for your benefit, and not on behalf of any third party. You will not offer direct market access to the Platform to any other party, including through the use of a sub-account, unless and until such other party has completed identity verification deemed appropriate by us and has separately on-boarded onto the Platform. Any other party so verified shall be considered an Authorised Person. You agree to take full responsibility for all activities in your Account, and bear all the risks and possible losses that may arise hereunder.

5.3 You will need to comply with our identity verification procedures before opening an Account with us. We may also require you to provide us with certain information about yourself, and, where relevant, all of the Authorised Persons for you to access and use the Services. For the avoidance of doubt, if you are an individual user, you may not hold more than one Account. You agree that:

(i) All information that you provide must be complete, accurate and truthful. You must update these information whenever there are changes.

(ii) You authorise us to make inquiries that we consider necessary to verify your identity, and/or that of the Authorised Person(s), or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime, and to take any action we deem necessary based on results of such inquiries.

(iii) When we made inquiries, you acknowledge and understand that your personal data, and that of any Authorised Person, may be disclosed to agencies for the purposes of identity verification, compliance data recordation, credit reference, fraud or financial crime prevention and that these agencies may respond to our inquiries in full.

(iv) We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, your business or your Authorised Persons, providing additional records or documentation, or having in person meetings with our representatives.

(v) We keep your personal data to enable your continued use of our Services, for as long as it is required in order to fulfil the purposes described in the Privacy Policy, or as may be required by Applicable Law, compliance with anti-money laundering laws, or as otherwise communicated to you.

(vi) You can review our Privacy Policy for further information about how we process your personal data.

Account Maintenance

5.4 We may require information from you at any time for the purposes of complying with any Applicable Law, identity verification requirements, or in connection with the detection of money laundering, terrorist financing, fraud, or any other financial crime, or for any other valid reason. You agree to provide us with any such information we request and allow us to keep a record of the information for the lifetime of your Account as long as it is required to fulfil their intended purposes, or such other period as prescribed by Applicable Law.

5.5 Your access to your Account and the Transaction limits that apply to your use of the Services may be altered on an ongoing basis, as a result of information collected about you. If there is a reasonable suspicion that any information provided by you is wrong, untruthful, outdated, or incomplete, we may send you a notice to request corrections, remove relevant information, or do such other things that we consider necessary to ensure that the information provided is true and correct.

5.6 You must comply with any information request we send to you. If you decline to provide the requested information, or otherwise do not comply in a timely manner, we reserve the right to suspend or terminate your access to your Account, or to all or part of the Services immediately, without notice.

5.7 You must ensure that any Account registered under your name will not be used by any person other than yourself or, if you are a corporate user, you are an Authorised Person.

Account Information and Transaction Records

5.8 You may access your Account History in your Account. All records shown or provided in connection with the Account or Services are for your information only. Notwithstanding anything to the contrary contained in these Terms, if there is any inconsistency between the information available on or via the Platform, and the information in our records, our records will prevail unless there is a manifest error.

5.9 You are responsible for checking the Account History for errors. You must report to us if there are any mistaken or unauthorised entries or Transactions within five (5) calendar days of the date that your Account History is provided or made available to you.

5.10 We may rectify any error in your Account History at any time, and reserve the right to void, cancel or reverse any Transaction involving or deriving from an error or to make any corresponding adjustments to such Transaction to correct a mistake or if we have reasonable grounds for doing so.

5.11 We may be required under these Terms or Applicable Law to share information about your Account and Account History with third parties and/or our Affiliates. You acknowledge and agree that we are entitled to disclose such information.

Account Security

5.12 You are responsible for taking appropriate actions to protect your hardware and data from viruses and malicious software, and any inappropriate materials. Except as provided by Applicable Law, you are responsible for backing up and maintaining duplicate copies of any information you store or transfer through the Services. We are not responsible for any claim or losses resulting from your failure to comply with this clause.

5.13　You and any Authorised Person shall maintain adequate security and control of all Account Credentials at all times. You and the Authorised Persons are responsible for taking the necessary security measures to protect your Account and to keep the Account Credentials secure. You must keep the Account Credentials secure against any attacks and unauthorised access. You must notify us immediately if you have knowledge or have reason to suspect that the security of your Account or your email associated with your Account, or that of an Authorised Person, has been compromised or if there has been any unauthorised use of your or any Authorised Person’s Account or email account.

5.14　It is important that you monitor your Account History to ensure any unauthorised or suspicious activity on your Account is identified and notified to us as soon as possible.

5.15　If you suspect a security breach, you must ensure that we are notified immediately and continue to be provided with accurate and up to date information throughout the duration of the security breach. Your Account will be immediately locked via the disable account function on the Platform or via any other method as may be prescribed by us from time to time. You will take any other steps that we may reasonably require to reduce, manage or report any security breach. We reserve the right to request, and you agree to promptly provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected security breach. You further acknowledge and agree that we may provide such information to any third party that we deem necessary in order to investigate or resolve any security breach.

Closing your Account

5.16　You may terminate your Account at any time by following the account termination procedures as prescribed by us from time to time.You will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation, and to deduct any outstanding amounts that you owe us from your Account.

5.17　You may not be able to close your Account, in situations where:

(i) you are trying to evade an investigation by relevant authorities;

(ii) you have a pending Transaction or an outstanding claim;

(iii) your Account has any outstanding amounts owed to us;

(iv) your Account is subject to a freeze, hold, limitation or reserve;

(v) other reasons at our sole discretion.

6. Transactions

6.1 You may enter into Transactions directly with us, or directly with other users, which may or may not be facilitated by us. We do not represent or warrant that any Transaction will be completed successfully or within a specific time period.

6.2 You are responsible for the control and use of your Account. You, or an Authorised Person, are deemed to have authorised any Instruction sent from your Account. It is your responsibility to monitor your Account History to ensure any unauthorised or suspicious activity on your Account is identified and notified to us as soon as possible. We are not responsible for any claim or losses resulting from a Transaction executed as a result of an unauthorised Instruction, including whether by mistake, negligence, error or fraud, unless it is proven that the unauthorized Instruction is solely due to a technical issue attributable to us.

6.3 To comply with data retention requirements, you agree to permit us (but agree to not require us) to keep a record of all Transaction information for the lifetime of your Account as long as it is required to fulfil their intended purposes, or such other period as prescribed by Applicable Law. Please read our Privacy Policy to understand how we collect and use data relating to the use of our Platform and the Services.

6.4 You acknowledge and agree that if you execute any Transaction with Improper Intent and/or in the case of error, Bitget is authorised (without any payment or penalty or liability due by Bitget and provided that such action is in compliance with Applicable Law) to either:

(i) cancel/void such Transaction and treat such Transaction as if it had never been entered into; or

(ii) amend the price(s) of such Transaction to reflect the prevailing market price(s) as at the relevant time, as determined by us with reference to an available source for fair market pricing;

You acknowledge and agree that you shall be solely responsible for your own transactions with any third parties that may have been entered into in connection with or reliance on any Transaction(s) that may be subject to any cancellation/amendment pursuant to our rights herein.

Transaction Limits

6.5 Your Account may be subject to a limit on (i) the amount or volume of Transactions you may undertake; or (ii) the amount or value of Digital Assets you may transfer into or out of your Account.

6.6 We reserve the right to change any Transaction limit that applies to your Account at any time at our sole and absolute discretion. It may also be possible for you to request a change in your limits. Any change will be made in our absolute discretion and will be subject to any further conditions that we deem necessary.

7. Instruction

7.1 You must ensure that any Instruction submitted is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any Instruction and will not monitor or reject Instructions on the basis that they are, or appear to be, duplicates. However, if we have doubts as to the accuracy, authenticity or validity of an Instruction, we may refuse to act upon or defer acting upon any Instruction, or seek further information from you.

7.2 Instructions are irrevocable. You have no right to rescind or withdraw an Instruction without our written consent once it has been submitted by you or the Authorised Person(s). Your Instruction is not deemed to be received by us until it has been received by our server. Our record of all Instructions shall be conclusive and binding on you for all purposes.

7.3 By submitting an Instruction, you or the Authorised Person are authorising us to initiate the Transaction on your Account. We are therefore authorised to credit or debit (or provide settlement information to third parties for the purposes of the third party crediting or debiting) your Digital Assets from your Account in accordance with your Instruction. It is your responsibility to hold sufficient Digital Assets credited in your Account. If you have insufficient Digital Assets in your Account to effect the Transaction (i.e. less than the required amount to settle the Transaction and to pay all the fees associated with the Transaction), then we have the right to refuse to effect any Transaction. Bitget may also refuse to act on instructions to the extent permitted by these Terms.

7.4 You are aware that Instructions and information transmitted on the Platform or by email are generally transmitted via the internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information transmitted will be completely protected against unauthorised access, and you accept the associated risks.

7.5 Subject to these Terms and any applicable Product Terms, and provided that you have sufficient balance on your Account and the relevant Digital Assets are not on hold in your Account in connection with any Service, you may give Instructions to Bitget to transfer Digital Assets to an external wallet address by submitting a withdrawal request on the Platform. Upon receipt of the withdrawal request, We will (i) deduct your Account balance; and (ii) initiate an on-chain transfer to an external wallet designated by you. We may not process a withdrawal request if, in our opinion, we consider that Applicable Law prevents the execution of the relevant withdrawal. We may also suspend withdrawals at such time deemed appropriate by us to resolve any incidents on the Platform. We will resume withdrawals once such incidents have been resolved.

8. Termination, Suspension and Restrictions

8.1 Bitget may at any time modify, suspend or discontinue any portion or feature of the Services without prior notice to or any consent from you and without assigning any reason for that action.

In particular, Bitget may: (i) refuse to complete or block, cancel, or, where permitted by Applicable Law, reverse any Transaction you have authorised; (ii) terminate, suspend, or restrict your access to any or all of the Services; (iii) terminate, suspend, close, hold or restrict your access to any or all of your Accounts; (iv) refuse to transmit information or Instructions to third parties (including but not limited to third-party wallet operators); and/or (iv) take whatever action we consider necessary, in each case with immediate effect and for any reason including, but not limited to where:

(i) you are not, or are no longer, eligible to use one or more Services;

(ii) we reasonably suspect that (a) the person logged into your Account is not you, or that the Account has been or will be used for any illegal, fraudulent, or unauthorised purposes; (b) the person logged into your Corporate Account is not an Authorised Person, or the Corporate Account has been or will be used for any illegal, fraudulent, or unauthorised purposes; (c) more than one natural person has access to and/or transacts using the same Account, or that your Account has been or will be used for any illegal, fraudulent, or unauthorised purposes; or (d) information provided by you is wrong, untruthful, outdated, or incomplete;

(iii) we have reasonable concerns in relation to your creditworthiness or financial status, including:

(a) where you are an individual, you become bankrupt, of unsound mind, commit an act of bankruptcy, or have action to place you in bankruptcy commenced against you;

(b) where you are acting on behalf of a partnership, any of the partners die or become bankrupt or of unsound mind, commit an act of bankruptcy, or have action to place any of the partners in bankruptcy commenced, or if action is commenced to dissolve and/or alter the partners or the constitutions of the partnership;

(c) where you are acting on behalf of a corporation, the corporation is unable to pay its debts as and when they are due, or action is commenced to place the corporation in insolvency, judicial management, receivership, administrative management, or any similar or analogous proceedings; or

(d) you convene a meeting of your creditors or propose or make any compromise or arrangement with or any assignment for the benefit of your creditors;

(iv) pending submission of such information and documents in accordance with clause 5;

(v) pending submission of enhanced due diligence in accordance with clause ‎5.3(iv);

(vi) we reasonably consider that we are required to do so by Applicable Law, or any court or authority to which we are subject in any jurisdiction;

(vii) we have determined or suspect:

(a) you have breached these Terms or any Product Terms;

(b) you have breached any express or implied warranties in these Terms, or any representations you have made;

(c) that any Transaction is unauthorised, erroneous, fraudulent, or unlawful or we have determined or suspect that your Account or the Services are being used in a fraudulent, unauthorised, or unlawful manner;

(d) there is any occurrence of money laundering, terrorist financing, fraud or any other crime in connection with your Account or your use of the Services;

(viii) the use of your Account is subject to any pending, ongoing or threatened litigation, investigation, or judicial, governmental or regulatory proceedings and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity;

(ix) you owe amounts to Bitget that are not satisfied, whether due to a chargeback or on any other basis;

(x) any communication to your email account is returned as undeliverable;

(xi) an issue has arisen with the verification of your identity;

(xii) you have taken any action that may circumvent our controls such as opening multiple Accounts without our written consent or abusing promotions which we may offer from time to time; or

(xiii) there is any other valid reason which means we need to do so.

In addition to any other rights under these Terms, Bitget may suspend, terminate and/or replace an Account at any time and without notice to you if we believe this is necessary or desirable to enable us to comply with Applicable Law.

8.2 You acknowledge and agree that:

(i) the examples set out in clause ‎8.1 above on when we might take action to terminate, suspend, close or restrict your access to your Account and/or the Services is a non-exhaustive list; and

(ii) our decision to take certain actions, including without limitation, to terminate, suspend, close or restrict your access to your Account and/or the Services, may be based on confidential criteria that are essential to our risk management and security protocols. We are not obliged to disclose details of our risk management and security protocols to you.

8.3 Where we terminate, suspend, hold or restrict your access to one or more Services:

(i) depending on the circumstances, if you have Instructions, trades, positions or Transactions that are open, they may be closed by you, or by us;

(ii) any chargeback resulting from the use of your Account or Services may result in an immediate suspension and/or restriction of your Account and Services;

(iii) to re-activate suspended and/or restricted Account or Services, you may be required to reimburse us for the full value of the chargeback, including any amounts that are owing to us such as any applicable fees; and

(iv) you are liable for any credited amounts in case of a chargeback, and you authorise and grant us the right to deduct costs and fees directly from any assets in your Account without notice.

8.4 Unlawful possession. If we are informed and reasonably believe that any Digital Assets held in your Account are stolen or otherwise are not lawfully possessed by you (whether by error or otherwise), we may, but have no obligation to, place a hold on the affected funds and your Account. Where we place a hold on some or all of any Digital Assets held in your Account, or on your entire Account, we may continue such hold until such time as evidence, acceptable to us, proves that you are entitled to possession of the Digital Assets held in your Account. We will not get involved in any dispute, or the resolution of the dispute, relating to any Digital Assets held in your Account.

8.5 Access in other jurisdictions. Residents of some countries may only be able to access some, but not all, Services. The Services that are available to you may change from time to time. If you travel to a Prohibited Country, the Services may not be available and your access to the Services may be blocked. You acknowledge that this may impact your ability to trade on the Platform and/or monitor any existing orders or open positions or otherwise use the Services. You must not attempt in any way to circumvent any such restriction, including by use of any virtual private network to modify your internet protocol address.

9. Available Digital Assets

9.1 Bitget will only provide the Services for the Available Digital Assets. We may remove or suspend one or more Available Digital Assets and we will use reasonable commercial efforts to notify you in advance, meaning that you will no longer be able to access such Digital Assets as part of the Services and will only be permitted to withdraw such Digital Assets from your Account. If Digital Assets that are no longer Available Digital Assets remain in your Account beyond a specified period notified to you, Bitget may in its reasonable discretion convert such Digital Assets into a different type of Digital Asset that is a stablecoin. Bitget shall notify you in advance of any conversion and you may withdraw such Digital Assets within the specified time prior to such conversion.

We assume no liability in connection with any attempt to use your Account for Digital Assets that we do not support nor for the conversion to a different type of Digital Asset, as described in this clause. If you send unsupported Digital Assets to an Account or Available Digital Assets to an incompatible Digital Asset wallet address, then you will lose those Digital Assets and we assume no liability or obligation whatsoever. For some lost Digital Assets, Bitget may in its sole discretion offer you the option to attempt a recovery. We may charge fees to process the recovery attempt on your behalf. We will calculate all fees at our discretion, and notify you of the applicable fees at or before the time you authorize the recovery attempt. We do not guarantee in any way the amount of assets (if any) that may be recovered in a recovery attempt. The actual amount recovered may differ from the estimated recovery amount. We do not evaluate or provide any assurance as to the authenticity, safety, or security of unsupported Digital Assets. You acknowledge and agree that Bitget is not liable for any loss incurred during the recovery attempt or subsequent use of the recovered Digital Asset.

9.2 Bitget may temporarily suspend any Services in relation to a particular Digital Asset to determine whether or not to support a Fork. We are under no obligation to support a Fork of a Digital Asset that you hold in your Account, regardless of whether any resulting version of such Forked Digital Asset is a Dominant Digital Asset or not. If we elect to support a Fork of a Digital Asset, we will make a public announcement through our Website or by such other means as we may deem appropriate.

You acknowledge that we have no control over, nor do we have the ability to influence, the creation or implementation of a Fork. We can provide no assurances about the security, functionality or supply of any Digital Asset, including both the new Dominant Digital Asset or other Digital Assets subject to the relevant Fork. You may not be able to trade the Forked Digital Assets on the Platform and you may lose any value associated with the relevant Digital Assets.

9.3 Bitget makes no promises, guarantees or warranties on the outcome of or support for potential or proposed Forks, Forked Digital Assets or Airdrops. Bitget may determine in its sole discretion whether to claim, list or distribute any Airdrop, Forked Digital Asset or any other Digital Asset, as well as the terms and conditions (including eligibility criteria) that will apply to any claim, listing or distribution of any Airdrop or Forked Digital Asset. If you wish to participate in a Fork or Airdrop, please withdraw the affected Digital Asset to your own private wallet well ahead of the potential or proposed Fork or Airdrop.

9.4 We may from time to time support Digital Assets that purport to be backed by or otherwise tied or pegged in value to another asset, including without limitation Digital Assets, or commodities such as silver or gold (“Backed Digital Assets”). You acknowledge and agree that (i) you have read, understood and accepted all of the terms and conditions and risks associated with each particular Backed Digital Asset before entering into any Transaction relating to that Backed Digital Asset and (ii) Bitget does not and will not in any circumstances have any no obligation whatsoever to purchase, repurchase or effect or facilitate the redemption of your Backed Digital Assets. We reserve the right to change, suspend, or discontinue any Services in relation to any Backed Digital Asset at any time in our sole and absolute discretion. We make no representation as to whether any particular Backed Digital Asset will hold its value as against any asset, nor as to the amount or quality of reserves or collateral held by each issuer or any third party in relation to any Backed Digital Asset.

10. Intellectual Property

10.1 Bitget IP Rights. The Bitget IP Rights shall remain vested in Bitget. Bitget hereby grants to you a non-exclusive licence for the duration of these Terms, or until we suspend or terminate your access to the Services, whichever is sooner, to use the Bitget IP Rights, excluding the Trade Marks, solely as necessary to allow you to receive the Services for non-commercial personal or internal business use, in accordance with these Terms.

10.2 User IP Rights. You hereby grant to us a perpetual, irrevocable, royalty-free, worldwide and non-exclusive licence to use the User IP Rights to the extent it (i) forms part of, or is necessary for the use of, any User-created IP; and (ii) is necessary to allow us to provide you with the Services. The licence granted by you under this clause ‎includes our right to sub-licence to a third party to the extent required to enable us and any of our Affiliates to provide you with the Services, or any part of them.

10.3 User-created IP Rights. The User-created IP Rights shall automatically vest in us on the date on which it is created. You hereby assign to us (and agree to procure that any agents, representatives or contractors assign), with full title guarantee, title to all present and future rights and interest in such User-created IP Rights. If requested to do so, you shall (and agree to procure that any agents, representatives or contractors shall), without charge to us, sign and/or execute all documents and do all such acts as we may require to perfect the assignments under this clause.

10.4 User Materials. You agree and acknowledge that: (i) we are not responsible for any User Materials (whether provided by you or by third parties) which may be made available on the Platform or the Website; and (ii) use of such User Materials is at your own risk and that we do not provide any warranties in relation to the same.

10.5 Our Rights on User Materials. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on the Platform or the Website (including any User Materials) for any reason. We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any User Materials, recovering damages or other monetary compensation from you, suspending or terminating your Account (if any), or suspending your access to the Platform and/or the Website. We shall also have the right to restrict or ban you from any and all future use of Services.

11. Prohibited Use

11.1 By opening an Account or carrying out any Transaction, and without prejudice to any other restriction or limitation set out in these Terms, you agree that you and any Authorised Person will not:

(i) breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to, any Product Terms;

(ii) use Services for resale or commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing;

(iii) regardless of whether prohibited by Applicable Law, use Services in a manner that, in our sole opinion, constitutes market manipulation including, without limitation, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering;

(iv) engage in fraudulent activities, or we suspect that you or any Authorised User have engaged in fraudulent activities and/or Transactions;

(v) use Services to conduct or participate in lotteries, gambling activities, bidding fee auctions, sports forecasting or odds making, fantasy sports leagues with cash prizes, internet gaming, contests, sweepstakes, or games of chance;

(vi) (a) receive, or attempt to receive, funds from both Bitget and another user for the same Transaction during the course of a claim; (b) conduct your business or use the Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to us, other users, third parties, or yourself; and (c) allow your Account to have a negative value or quantity of Digital Assets;

(vii) provide false, inaccurate or misleading information in connection with your use of the Services, in communications with us, or otherwise in connection with these Terms;

(viii) buy or sell KYC (Know Your Customer) information in any form. Bitget will not be liable for any losses or responsibilities caused by any disputes or issues in relation to the

Account or asset ownership arising from any violation of this sub-clause. Any violation of this sub-clause shall entitle Bitget to immediately suspend or terminate your Account.

(ix) (a) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the Platform, or replicate or bypass the navigational structure or presentation of the Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through the Services; (b) attempt to access any part or function of the Platform without authorisation, or connect to Services or any of our servers or any other systems or networks of any Services provided through the Platform by hacking, password mining or any other unlawful or prohibited means; (c) probe, scan or test the vulnerabilities of Services or any network connected to the Platform, or violate any security or authentication measures on the Services or any network connected to the Services; (d) reverse look-up, track or seek to track any information of any other users or visitors of the Services; (e) take any actions that impose an unreasonable or disproportionately large load on the system infrastructure or networks of Services or Bitget, or the infrastructure of any systems or networks connected to the Services; (f) use any devices, software or routine programs to interfere with the normal operation or any transaction of the Services, or any other person’s use of Services; or (g) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to us;

(x) modify or adapt the whole or any part of the Platform or combine or incorporate the Platform into another programme or application;

(xi) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code underlying concepts, ideas and algorithms of the Platform or any components thereof;

(xii) modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or licence, sub-licence, sell, mirror, design, rent, lease, private label, grant security interests in such Bitget IP Rights or any part of the intellectual properties, or create derivative works or otherwise take advantage of any part of the Bitget IP Rights;

(xiii) facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information in connection with the Services;

(xiv) (a) use an anonymizing proxy; (b) use any temporary, disposable, self-destructive, or similar email address when opening an Account and/or using the Services; (c) use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Website or the Services; and (d) take any action that may cause us to lose any of the services from our internet service providers, or other suppliers;

(xv) create, or purport to create, any security over your Digital Assets held in your Account without our prior written consent;

(xvi) violate, or attempt to violate, (a) any Applicable Law; or (b) Bitget’s or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; and/or

(xvii) access, use, or attempted to access or use, Services directly or indirectly with (1) jurisdictions Bitget has deemed high risk, including but not limited to, the Prohibited Countries or (2) persons Bitget has deemed high risk, including but not limited to, individuals or entities named as a Restricted Person. In particular, U.S. Persons are prohibited from accessing the Platform and/or use the Services. Any changes in your place of domicile or Applicable Law may result in you violating any legal or regulatory requirements of your applicable jurisdiction. It is your responsibility to ensure that any Transactions is, and remains lawful despite changes to Applicable Law, your residence and circumstances.

12. Your Representations and Warranties

12.1 You hereby represent and warrant to us, at all times, that:

(i) all documents and information you provide to us are true, accurate, complete, and up to date in all respects, and may be relied upon by us in determining whether or not you are eligible to access the Platform or to use the Services;

(ii) all decisions made in connection with these Terms were solely and exclusively based on your own judgement and after your own independent appraisal of your financial resources, ability and willingness to take relevant risks and financial objectives;

(iii) you have full power, authority, and capacity to (a) access and use the Platform and/or the Services; and (b) enter into and deliver, and perform your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to, any Product Terms;

(iv) if you are a corporation, partner in a partnership, or trustee of a trust:

(a) the corporation, partnership or trust has and will be operated in a way that is compliant with Applicable Law, and any partnership or trust deeds (or other like documents);

(b) you will notify us immediately if there is any change, by way of resignation, removal, appointment or death, of any of the directors, partners, trustees, settlor(s) or ultimate beneficial owners or any person authorised to operate your Account; and

(c) you will inform us immediately if the corporation, partnership, or trust is dissolved either on a voluntary or involuntary basis;

(v) all consents, permissions, authorisations, approvals and agreements of third parties and all authorisations, approvals, permissions, consents, registrations, declarations, filings with any regulatory authority, governmental department, commission, agency or other organisation having jurisdiction over you which are necessary or desirable for you to obtain in order to (a) access and use the Platform and/or the Services; and (b) enter into and deliver, and perform the Transactions contemplated under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, have been unconditionally obtained in writing, disclosed to us in writing, and have not been withdrawn or amended;

(vi) these Terms and any agreement entered into pursuant to, or in connection with, these Terms constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms;

(vii) you are not a Restricted Person;

(viii) if you are a legal entity, you are duly incorporated, duly organised, and validly existing under the laws of your jurisdiction and have full power to conduct your business. If you are an individual, you are not less than 18 years old; and

(ix) your access and use of the Platform and/or the Services, your execution and delivery of, and the performance of your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, will not:

(a) if you are a legal entity, partner in a partnership or trustee of a trust result in a breach of or conflict with any provision of your constitution, articles of association, partnership agreement, trust deed or equivalent constitutive documents;

(b) result in a breach of, or constitute a default under, any instrument, agreement, document or undertaking to which you are a party or by which you or any of your property is bound or subject; and

(c) result in you, or cause us or any third party to, breach any Applicable Law, decree or judgement of any court, or any award of any arbitrator or those of any governmental or regulatory authority in any jurisdiction.

13. Disclaimers

13.1 No representation or warranty. Services and information provided on the Website and the Platform, are provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law. We disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Website, the Platform, your Account, the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free. This could result in the inability to trade on the Platform for a period of time and may also lead to time delays.

13.2 Suspension of access. Bitget may, from time to time, suspend access to your Account and/or the Services, for scheduled and emergency maintenance. We will make reasonable efforts to ensure that Transactions on the Platform are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.

13.3 Content. Although we make reasonable efforts to update the information on the Website and the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website and the Platform, including information in relation to the Services, is accurate, complete or up to date.

13.4 Third-party websites. Links to third-party websites (including but not limited to content, materials, and/or information in the third-party websites) may be made accessible or linked from the Website and/or the Platform for convenience. You acknowledge and agree that we are not responsible for any aspect of such content, materials, information or services contained herein.

13.5 Network Access and hardware. You are responsible for obtaining the data network access necessary to use the Services. You should acquire and update compatible hardware or devices necessary for using the Services. You acknowledge that we make no guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. While we will use our best efforts to provide the Services, you acknowledge that the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications, that is outside our reasonable control.

14. Material Interests and Conflicts of Interest

14.1 You understand that Bitget is involved in activities connected with Digital Assets.

14.2 You understand and agree that neither your relationship with us nor any Service, nor any other matter, will give rise to any duties on our part or on the part of any of our Affiliates, whether legal, equitable, fiduciary in nature, save as are expressly set out in these Terms. In particular, we may from time to time act in more than one capacity, and in those capacities we may receive fees or commissions from more than one user. You agree that we may act in such capacities and provide any other Services or carry out any business with or for you, any of our Affiliates or any other user.

14.3 You understand and agree that neither we nor any of our Affiliates will be required to: (i) have regard to any information known to us, or to any Affiliate, which is a material interest; (ii) disclose any such information to you; or (iii) use any such information for your benefit. You further acknowledge that from time to time we may receive general market information in the course of providing Services, which we may use in the ordinary course of our business.

14.4 We have established and maintained effective organisational and administrative arrangements with a view to taking all appropriate steps to identify and manage conflicts of interest between us and our users and relevant third parties, so as to prevent conflicts of interest from adversely affecting the interests of our users. In cases where such organisational and administrative arrangements are not sufficient to ensure that the risks of damage to your interests will be prevented, we will inform you of the nature and/or sources of the relevant conflicts of interest and the steps taken to mitigate those risks in order to allow you to make an informed decision as to whether to continue to transact with us. We reserve the right at all times to decline to act for you where we are not able to manage a conflict of interest in any other way.

15. Indemnity

15.1 Third-party claims. You hereby undertake and agree to fully indemnify us and hold us harmless upon demand from and against any and all claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation), costs, and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys’ fees and other professional costs and expenses (“Losses”), arising out of or in connection with:

(i) your access to or use of your Account and/or the Services;

(ii) your breach or alleged breach of these Terms, including any applicable Product Terms and any other terms and conditions incorporated by reference;

(iii) your contravention of any Applicable Law; and

(iv) your violation of the rights of any third party.

15.2 Release. You hereby irrevocably and unconditionally agree to release us from any and all claims and demands (and waive any rights you may have against us now or in future in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user or other third party in connection with the Services or the subject matter of these Terms.

16. Liability

16.1 Our Liability. Bitget shall have no responsibility nor liability for any loss suffered by you or any third party, except to the extent that such loss arises solely and directly as a result of the gross negligence, willful misconduct, actual fraud or material and continuing breach of obligation under these Terms by Bitget. Without prejudice to the foregoing and notwithstanding any other clause in these Terms, Bitget and its Affiliates will not be liable to you for any amounts in aggregate exceeding the total amount of fees paid by you to Bitget in the three (3) months period immediately preceding the event giving rise to the loss. Such sum shall be paid to you in full and final settlement and satisfaction of ours and any of our Affiliate’s liability for any and all losses and claims, howsoever arising, from the relevant events. You acknowledge and agree that neither Bitget nor any of its Affiliates is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.

16.2 Limitations on liability. Notwithstanding any other clause in these Terms, you hereby acknowledge and agree that in no event will Bitget or any of its Affiliates be responsible or liable to you or any other person or entity for:

(i) any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs, whether arising out of or in connection with the Services or otherwise, including but not limited to:

(a) any risk identified in the Risk Disclosure, as updated from time to time;

(b) the operation of the protocols underlying any Digital Asset, their functionality, security, or availability;

(c) whether Backed Digital Assets hold their value as against any asset, or if the issuer of the Backed Digital Asset holds sufficient reserves in relation to any Backed Digital Asset;

(d) any action or inaction in accordance with these Terms;

(e) any inaccuracy, defect or omission of Digital Assets price data, any error or delay in the transmission of such data, and interruption in any such data;

(f) regular or unscheduled maintenance conducted by Bitget, including any service interruption and change resulting from such maintenance;

(g) the theft of a device enabled to access and use the Services;

(h) other users’ actions, omissions or breaches of these Terms, and any damage caused by actions of any other third parties;

(i) for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack; (2) if your hardware fails, is damaged or destroyed or any records or data stored on your hardware are corrupted or lost for any reason; or (3) for your use of the internet to connect to the Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced;

(j) our decision to reject your application to open an Account;

(k) any termination, suspension, hold or restriction of access to any Account or Services, including your inability to withdraw Digital Assets, issue Instructions or enter into Transactions during the period of any suspension, hold or restriction, in accordance with these Terms or any applicable Product Terms;

(l) any Transaction limits applied to your Account;

(m) any election by us to support or not support Digital Assets;

(n) Bitget is unable to contact you using the contact information you provided;

(o) Bitget is closing a dormant account;

(p) the failure of a Transaction or the length of time needed to complete any Transaction;

(q) our refusal or delay in acting upon any Instruction;

(r) any breach of security of your email account or a security breach;

(s) your losses as a result of third party action, including third party fraud or scams that involve Bitget only as the recipient of your Digital Assets;

(t) losses suffered by you as a result of the transfer of Digital Assets away from our Platform at your request;

(u) any losses arising or in connection with new offerings of Digital Assets, initial coin offerings (ICOs), or the decision to list or not list Digital Assets on the Platform;

(v) a Network Event, a Fork or an Airdrop;

(w) the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain your access to the Services, or for any interruption in or disruption of your access or any erroneous communications between us, regardless of cause; and

(x) any Transactions, Instructions, or operations effected by you or purported to be effected by you through your email account or the Account;

(ii) any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of or in connection with our Website, the Platform, your Account, the Services, these Terms, the Product Terms, the Privacy Notice and/or any agreement entered into pursuant to, or in connection with, these Terms or otherwise;

(iii) any losses or damages you may incur due to manifest error and/or in the event of extreme market volatility and/or as a result of any cancellation/amendment of any Transactions, howsoever arising, whether direct or indirect, special or consequential, including, but not limited to, loss of profit and loss of opportunity even if Bitget was aware of the possibility of such loss or damage arising or if such loss or damage was reasonably foreseeable; and/or

(iv) any losses forming part of a claim that has not been commenced by way of formal legal action within one (1) calendar year of the commencement of matters giving rise to the claim. You agree and acknowledge that this clause varies any limitation period otherwise applicable by law, and that if Applicable Law prohibits this, this clause will be read as a limitation period of the minimum enforceable length. Without prejudice to the generality of the foregoing, you agree that claims shall be resolved exclusively by way of binding arbitration.

16.3 Damage or interruption. Bitget is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. You and the Authorised Persons are responsible for keeping all the Account Credentials safe at all times.

17. Amendments to the Terms

17.1 Bitget can make amendments to these Terms and any terms and conditions incorporated by reference (including any Product Terms) at any time and your continued use of the Services constitutes your consent to such amendments. Changes to these Terms will be published on the Website and may also be notified to users separately by email, through the app or by such other means as Bitget determines in its discretion.

17.2 Bitget will try to notify users prior to amendments to these Terms taking effect. However, we may occasionally need to make changes that are effective immediately, in which case users will be notified as soon as possible after the changes take effect. Amendments that may take effect immediately include and without limitation, where amendments are to (i) address legal and/or regulatory requirements; or (ii) make these Terms clearer.

17.3 Save where amendments come into effect immediately, any update to the Terms will come into effect after the changes have been notified to users. If you do not wish to accept the changes, you are free to close your Account in accordance with provision under these Terms. Your continued access to or use of any Services will be deemed acceptance of the updated Terms.

18. Governing Law and Dispute Resolution

18.1 Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of Hong Kong without regard to any choice or conflict of laws rules.

18.2 Claim Notice. To the extent permitted by law, you agree to waive your rights to any jury trial and for any dispute arising out of or related to these Terms resolved in court. For any dispute or claim that you have against Bitget or relating in any way to these Terms, you agree to first contact Bitget and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at “[email protected]”.

The Notice must:

(i) include your name, residence address, email address, and telephone number;

(ii) describe the nature and basis of the claim; and

(iii) state the specific relief sought.

If you and Bitget cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may then submit the dispute to binding arbitration as prescribed below.

18.3 Dispute Resolution. Any dispute, controversy, difference or claim between you and Bitget (and/or any of its Affiliates) arising out of, in connection with, or relating in any way to: (a) these Terms or any Product Terms, including the existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or the consequences of their nullity thereof; (b) your relationship with Bitget (and/or any of its Affiliates) as a user (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms); and (c) any dispute regarding non-contractual obligations arising out of or relating to these Terms, or any Product Terms, or your relationship with Bitget (and/or any of its Affiliate), shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the the HKIAC Administered Arbitration Rules in force when arbitration is commenced. The arbitral award shall be final and binding. The arbitration provisions set forth in this clause will survive termination of these Terms.

You and we agree that:

(i) the law of this clause is Hong Kong law;

(ii) the seat of arbitration will be Hong Kong;

(iii) the arbitration proceedings will be conducted in English;

(iv) unless you and we agree otherwise, the number of arbitrators will be 1 and that arbitrator must have relevant legal and technological expertise;

(v) if you and we do not agree on the arbitrator to be appointed within 15 working days of the dispute proceeding to arbitration, the arbitrator shall be appointed by HKIAC;

(vi) the arbitrator may conduct only an individual arbitration and may not:

(a) consolidate more than one individual’s claims;

(b) preside over any type of class or representative proceeding; and

(c) preside over any proceeding involving more than one individual.

Any claim to be brought by you arising out of or related to these Terms must commence arbitration proceedings strictly within one year after such claim arises failing which it shall be irrevocably time barred. Time barred claims means that there is no longer any lawful right to assert such claims nor to commence any formal legal action.

Notwithstanding any other provision of these Terms, you agree that we have the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) or equitable relief in any jurisdiction.

You agree that any dispute arising out of or related to these Terms of Use:

(i) is personal to you and Bitget; and

(ii) will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

If any portion of this clause is found to be unenforceable or unlawful for any reason:

(i) only the unenforceable or unlawful provision shall be severed/deleted;

(ii) severance of the unenforceable or unlawful provision should have no impact whatsoever on the remainder of this clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this clause; and

(iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims should be stayed pending the outcome of any individual claims in arbitration.

18.4 Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, the existence or content of a claim, all documents and information provided or exchanged in connection with the arbitration, and any submissions, orders or awards made in the arbitration shall be kept confidential and no party shall disclose any of the foregoing to any third party except the tribunal, the HKIAC, the parties, their counsels, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other persons necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose such confidential information in the event that:

(i) the written consent of the other party is obtained;

(ii) to the extent required by Applicable Law or by the regulations of any regulatory or supervisory authority of competent jurisdiction to which the party is or may become subject to or pursuant to any order of court or other competent authority or tribunal of competent jurisdiction;

(iii) in connection with the commencement, pursuit or defence by a party of any bona fide legal proceedings to enforce or challenge any award rendered in the arbitration; and

(iv) to the extent that the relevant confidential information is in the public domain other than as a result of breach of these Terms.

The confidentiality obligation in this clause shall survive termination of these Terms and conclusion or stay of any arbitration brought pursuant to these Terms.

19. General

19.1 Applicable Law. By using the Services, your Account and the Platform, You and any Authorised User must comply with all Applicable Law, any relevant licensing requirements and third party rights (including data privacy laws and anti-money laundering and countering the financing of terrorism laws).

19.2 Notices. By using the Services, we may provide you with any notice or communication, relating to your use of Services by email via the email account associated with your Account. It is your responsibility to ensure that you have provided an accurate and up-to-date email account. Notices may be given, and are deemed to be received, if sent to your email account, whether or not a notice of delivery failure is received.

Any notices, consent or other communication given under these Terms must be in writing, in English, and signed or otherwise authorised by the party giving it.

19.3 Announcements. All official announcements, news and promotions will be published on the Website and/or the Platform. These announcements are important, and may relate to issues that may impact the value of your Digital Assets, or their security. You should check the Website regularly to read and consider these announcements.

19.4 Entire agreement. The Terms, together with any applicable Product Terms, constitute the entire agreement between you and Bitget with respect to the Services. Each party acknowledges that it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms or any Product Terms.

19.5 Assignment. You may not assign or transfer any of your rights or delegate any of your obligations hereunder, in whole or in part, without our prior written consent. However, we may assign or transfer any of our rights or obligations under these Terms at any time to anyone else, including, without limitation, in connection with any merger, acquisition, or other corporate reorganisation involving Bitget.

19.6 Severance. If, at any time, any clause of these Terms is or becomes illegal, invalid, or unenforceable, neither the legality, validity or enforceability of the remaining clauses will in any way be affected or impaired.

19.7 Recordings. Subject to Applicable Law, you agree that Bitget may, without further disclosure, or consent from you, record any communication that we have with you in relation to these Terms, including communication used to give Instructions or effect Transactions. Any recordings we keep will constitute evidence of the communications between you and us. You agree that we may use the recorded conversations, transcripts, messages, or other records of communication to allow us to ensure compliance with Applicable Law, provide customer support, deal with any dispute in connection with these Terms and in any other manner not prohibited by Applicable Law.These recordings will be Bitget’s sole property.

Bitget may also disclose such conversations, transcripts, messages or other records of communication to any applicable regulatory authority, enforcement body or agency, including tax authorities or as otherwise required by Applicable Law.

19.8 Language. These Terms may be translated into a language other than the English language. Any such translation is provided solely for your convenience. In the event of inconsistency or ambiguity, the English Terms shall prevail.

19.9 Third party rights. Other than in relation to the Affiliates, nothing expressed or referred to in these Terms will be construed to give any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or with respect to these Terms or any clause of these Terms. These Terms are for the sole and exclusive benefit of the parties to these Terms and their successors and permitted assigns.

19.10 Survival. All clauses of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding after such termination or expiration.

19.11 Relationship of the parties. Bitget is not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

19.12 Digital Assets. We record in your Account the quantity and type of Digital Assets that are held to your credit. Such Digital Assets will not be segregated on-chain in different wallets from Digital Assets held to the credit of other users or Digital Assets maintained by Bitget for business purposes. An internal ledger is used to record the quantity and type of Digital Assets a customer is entitled to. Each user will have a ledger-based off-chain account or sub-account with a unique identifier (UID) and associated login credentials, against which the relevant user credit balances are recorded. Bitget is not a trustee of, and does not owe any trustee duties in relation to, any Digital Assets held to your credit. When you instruct us to transfer or otherwise deal with Digital Assets, we will not use any specifically identifiable Digital Assets to act on such Instructions. Subject to these Terms, Bitget will use Digital Assets in the same quantity and of the same type as those credited to your Account when acting on your Instructions. You will have the right to receive the same quantity and same type of Digital Assets as those credited to your Account.

19.13 Force Majeure. We will not be liable for any failure or delay in the performance as required by these Terms due to causes beyond its reasonable control, including, but not limited to, labour disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or pandemics.

19.14 Waiver. No delay or omission by Bitget in exercising any right or remedy under these Terms shall be construed to be a waiver of that right or remedy or of any other rights or remedies thereafter to enforce such rights or remedies. The rights and remedies as set out in these Terms are cumulative and not exclusive of any rights or remedies provided by Applicable Law.

19.15 Amount set-off. In addition to any other right or remedy available under these Terms or by law, we may set-off any amounts you owe to us under these Terms or otherwise. Save as may be required by Applicable Law, You must pay all sums that you owe to us free and clear without any set-off, counterclaim, deduction or withholding of any kind.

19.16 Privacy. If you receive information about another user through the Platform or from using the Services, you must keep the information confidential and only use it in connection with the Services and in accordance with Applicable Law. You must not disclose or distribute any user information to a third party or use the information in any manner except as reasonably necessary to effect a Transaction.

19.17 Death of Account Holder. In the event of your death or incapacity, we may suspend your Account if we have reason to believe that you have deceased. Your Account will be suspended until: (i) a representative or beneficiary of your estate completes a successful inheritance application to receive the assets in your Account in accordance with Bitget’s requirements (which may be updated from time to time without notice); or (ii) you provide satisfactory proof that you are not deceased.

The transfer of the assets to your Account under this clause is subject to the restrictions imposed by Applicable Law and these Terms. We make no commitment to any particular timeline for the transfer of assets held to the credit of your Account.

19.18 Tax. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and also to collect, report, and remit the correct tax to the appropriate tax authority. Bitget is not responsible for determining whether any tax is applicable to the use of the Services, or for collecting, reporting or remitting any tax arising from any Transaction or use of the Services.

You acknowledge that we may make certain reports to the relevant tax authorities regarding Transactions made on the Platform. Bitget may in its sole discretion or as required by Applicable Law, provide you with additional documentation for calculation of any tax obligations. We may also withhold and deduct any tax at source due under Applicable Law in our sole discretion.