Product updates
Bitget TradFi Service Terms and Conditions
2025-12-12 05:081485
RISK WARNING
Neither the Bitget Operating Entity nor any of its Affiliates make any representation or warranty that the Bitget TradFi Service is suitable or appropriate, for you or any user or in any location, nor that the transactions and services described in these Bitget TradFi Service Terms and Conditions (" Terms ") are (or will continue to be) available or appropriate for you or any user or in any location. You must carefully review these Terms and seek independent professional advice as to whether the Bitget TradFi Service is appropriate for you, having regard to your personal circumstances and objectives, financial position, and risk tolerance level.
1. INTRODUCTION
1.1 The Bitget TradFi Services are provided to you by the Bitget Operating Entity.
1.2 Certain parts of the Bitget TradFi Services that involve trading or dealing with Digital Assets are provided by the Bitget Main Entity, which is an Affiliate of the Bitget Operating Entity.
1.3 By accessing, using, and/or trading on the Bitget TradFi Platform, you agree that (a) you have read and understood these Terms and (b) you are bound by and will comply with these Terms, as updated and amended by the Bitget Operating Entity from time to time. If you do not understand and accept these Terms in their entirety, you should immediately cease to, or should not access, use, or otherwise trade on the Bitget TradFi Platform.
2. DEFINITIONS AND INTERPRETATIONS
2.1 Unless otherwise defined or the context otherwise requires, all capitalized terms shall have the meaning given to them in these Terms:
Affiliate(s) means any person, directly or indirectly controlling, controlled by, or under direct or indirect common control with another person, where control may be by management authority, equity interest, or otherwise.
AML/CTF Requirements mean any Applicable Law pertaining to money laundering, terrorism financing, bribery, corruption, tax evasion, fraud, the trafficking of arms, drugs, humans or wildlife, slavery, proliferation of weapons of mass destruction, or Sanctions.
API means an application programming interface provided by Bitget or its Affiliates, or third-party applications relying on such API.
App means the mobile application software developed, owned, and made available by the Bitget Operating Entity and/or its Affiliates, which allows you to access the Bitget TradFi Platform under these Terms, and any and all updates, upgrades, supplements, releases, and versions thereof.
Applicable Law means any applicable common law, principles of equity, and laws made by a government or relevant authority or judicial body, including regulations, rules, decrees, court judgments, arbitral awards, office directives, requests, policies, codes, circulars, guidelines or other instruments (whether or not having the force of law), and consolidations, amendments, re-enactments or replacements of any of them from time to time. For the avoidance of doubt, Applicable Law includes AML/CTF Requirements and Financial Crime Regulation. Authorized Person(s) means any person identified by you and communicated to us, who is authorized to act on your behalf with respect to any Bitget TradFi Account.
Bitget Account means an account or any sub-accounts that Bitget and/or its Affiliates maintain for you. For the purposes of these Terms, Bitget Account shall exclude the Bitget TradFi Account or TradFi Account. Bitget IP Rights means all IP Rights owned by or licensed to Bitget.
Bitget TradFi Account(s) means an account that is established by us in your name for the purposes of using the Bitget TradFi Platform, which may be made available through the Website, App, and/or other means as determined by us in our sole discretion.
Bitget TradFi Platform means the digital platform, including any associated application program or mobile application, which we or our Affiliates may make accessible to you through Website, App, API, or by such other means as we determine in our sole discretion.
Bitget TradFi Service(s) or Service(s) means the service of trading on the Bitget TradFi Platform and related service(s).
Bitget Main Entity means BTG Technology Holdings Limited.
Bitget Operating Entity, we, us, or our means BTGT Mauritius Capital, a company incorporated in Mauritius.
Bitget 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.
CFD means a contract for difference, which may be traded with leverage, between a buyer and a seller stating that the buyer will pay the seller the difference between the opening trade price and the closing trade price of a Referenced Asset without buying or owning the Referenced Asset themselves.
Digital Asset(s) in these Terms means the digital assets and cryptocurrencies which are available for trading or otherwise dealing on the Bitget TradFi Platform as determined by us in our sole discretion, having regard to Applicable Law, our internal policies, and any other relevant considerations.
Event of Default means any event specified in these TradFi Terms as giving rise to our right to terminate these Terms immediately by notice.
Fiat Currency(ies) 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.
Financial Crime Regulation means any Applicable Law, internal policy, or regulatory requirement pertaining to money laundering, terrorism financing, bribery, corruption, Tax evasion, fraud, the trafficking of arms, drugs, humans or wildlife, slavery, proliferation of weapons of mass destruction, or evasion of sanctions. A reference to a violation of Financial Crime Regulation includes any acts or attempts to circumvent or violate any Applicable Laws relating to Financial Crime Regulation.
IP Rights means (i) registered and unregistered copyright, patents, database rights and rights in trademarks, 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.
Loss includes any direct, indirect or consequential loss, damage, expense, demand, claims, liabilities, judgments, fines, penalties (whether civil, criminal or other) and amounts paid or payable in settlement, including, without limitation, all interest, assessments and other charges paid or payable in connection with or in respect of any of the foregoing and costs of any kind.
Governmental Authority means any nation or government or any province or state or any other political subdivision thereof, or any entity, authority or body exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, any court, tribunal or arbitrator, and any self-regulatory organization.
Indemnified party has the meaning ascribed to it under clause 14.1.
Personal Data means any information or opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, relating to an identified or identifiable natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
Privacy Policy means the Bitget Privacy Notice available on the Website.
Prohibited Jurisdiction(s) means the prohibited jurisdictions as described in the Bitget Exchange Terms of User, which is available at https://www.bitget.com/support/articles/360014944032-terms-of-use or any other jurisdictions in which we may determine from time to time at our sole discretion.
Referenced Asset means the asset(s) referred to, either Digital Assets, foreign currencies, or commodities.
Risk Disclosure Statements means the risk disclosure statement available on the Website.
Sanctions means any economic sanctions laws, regulations, embargoes, or restrictive measures imposed by the United Nations Security Council and/or Hong Kong, the Cayman Islands, the United States of America, the United Kingdom of Great Britain and Northern Ireland, the European Union or its member states, or by any other jurisdictions where the Bitget TradFi Platform is available for service.
Service Notifications means the one-way notifications from the Bitget Operating Entity (which may include security-related notifications) via text message or emails and, where applicable, push notifications through the Website. These notifications are sent to you in respect of certain information or events relating to the Bitget TradFi Service.
Settlements mean the consideration paid by either party to the other at the conclusion of a CFD.
Suspicious Trading Activity means any trading activity or behavior conducted by you or your Authorized Person on the Bitget TradFi Platform that, in our sole discretion, regardless of whether it has been explicitly communicated to you, violates the principles of fair and transparent trading or aims to manipulate the market. Such trading activity or behavior includes, but is not limited to:
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any actions intended to interfere with the free and fair operation of the market through Bitget TradFi Platform, such as creating artificial, false, or misleading appearances of trading activity;
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entering into transactions or combinations of transactions involving the same Reference Assets in which you or your affiliates have already engaged in transactions within the underlying market for the Referenced Asset;
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entering into transactions or combinations of transactions with the intention of exploiting unusually wide spreads that occur during periods of low market activity or thin liquidity. This may involve quickly buying and selling assets using market or limit orders to profit from these temporary price gaps, without regard to fair trading practices or market stability;
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engaging in trading strategies or transactions, including the use of over-leveraged positions, with the intention of exploiting temporary price dislocations caused by market gaps, news events, abnormal volatility, or periods such as market closures or certain public announcements;
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engaging in any trading behaviors which are deemed exploitative, dishonest, abusive, or a good faith violation; or
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any action conducted by you or your Affiliates that we may consider suspicious.
Third-Party Account means a separate financial services account that you establish with a Third-Party Services Provider to conduct transactions.
Third-Party Services Provider means any third party that offers a trading, fiat-crypto exchange, or other financial services account that can be registered and accessed through the Bitget TradFi Platform.
Third-Party Services Provider Terms means the agreement, terms and conditions, and policies established by the Third-Party Services Provider for a Third-Party Account.
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 Bitget Platform (including the Bitget TradFi Platform), through the use of services Bitget may make available to you through the Bitget Platform (including the Bitget TradFi Platform).
Website means https://www.bitget.com/ which is operated by Bitget Main Entity.
2.2 Unless the contrary intention appears, a reference in these Terms to:
(a) any reference to anything (including an amount) is a reference to the whole and each part of it;
(b) a document (including these Terms) includes any variation or replacement of it;
(c) the singular includes the plural and vice versa;
(d) the word "person" includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any Governmental Authority; and
(e) the words "include", "including", "for example", or "such as" when introducing an example, does not limit the meaning of the words to which the example relates to that example or examples of a similar kind.
2.3 In these Terms:
(a) " you" or " your" refers to:
(i) the person who is the user of the Bitget TradFi Services;
(ii) the person agreeing to these Terms; and
(iii) where the context permits, includes any authorized person of that person.
(b) " we" or " us" refers to the Bitget Operating Entity.
3. BITGET TRADFI ACCOUNT
3.1 In order to use the Bitget TradFi Services, you must create a Bitget TradFi Account. The Bitget TradFi Account will be used to record USDT and or any Digital Assets transferred by you into the Bitget TradFi Account and conduct transactions on the Bitget TradFi Platform.
3.2 The Bitget TradFi Account may be registered by any individual who is over eighteen (18) years old or an institution by its duly authorized representatives, provided such individual and institution have read and understand the Risk Disclosure Statements, which are incorporated by reference into, and shall be a part of these Terms. Subject to our absolute discretion and operational requirements, you may not hold more than one (1) Bitget TradFi Account. Registration and/or holding of multiple Bitget TradFi Accounts is a material breach of these TradFi Terms and may lead to immediate suspension and/or termination of the Bitget TradFi Account involved.
3.3 You understand and accept that:
(a) the Bitget TradFi Account is not a bank account, and the Digital Assets held in the Bitget TradFi Account are not deposits or other financial products;
(b) except as otherwise permitted by us, no interest will be paid on any funds or Digital Assets under your Bitget TradFi Account; and
(c) any Digital Assets we hold (whether beneficially or on your behalf) do not enjoy the same protections as are available in respect of traditional deposits and financial products, nor are they insured by any Governmental Authority.
3.4 You may deposit funds to the Bitget TradFi Account by transferring USDT from your Bitget Account into the Bitget TradFi Account. We do not charge you for depositing funds to your Bitget TradFi Account.
4. TRADING USING THE BITGET TRADFI SERVICES
4.1 The Bitget TradFi Platform is a marketplace that allows you to trade in CFDs with other users. The Bitget TradFi Platform simply matches purchase and sale orders put forth by users and assists users with carrying out their intent as expressed via the orders. Except as expressly specified otherwise in these Terms, neither we nor the Bitget TradFi Platform is acting as a principal in or as other participants in those transactions. Neither we nor the Bitget TradFi Platform is responsible for any disputes among or between users regarding any transaction.
4.2 When you withdraw Digital Assets as the Referenced Asset, you instruct the Bitget Account to convert your Settlements into the Referenced Asset.
4.3 Matching of orders is automatically conducted by the Bitget TradFi Platform through third-party liquidity providers, and the Bitget TradFi Platform will notify you once the order has been executed. Once a match is made, the order is executed and cleared instantaneously. YOU SHOULD ONLY PLACE AN ORDER IF YOU FULLY INTEND TO COMPLETE THE TRANSACTION. You have the right to stop a preauthorized order by initiating procedures through your Bitget TradFi Account to effectuate the closure of such open order.
4.4 You acknowledge that it may not be possible in all circumstances for you to cancel or modify an order, even before the order is matched or executed. We accept no responsibility for ensuring that an order is modified or cancelled, and you understand and agree that, if the order cannot be cancelled or modified, you are bound by any execution of the original order. You further acknowledge that attempts to modify or cancel and replace an order may result in over-execution or the execution of duplicate orders, and you shall be responsible for all such executions.
4.5 You shall be deemed to have given orders through the Bitget TradFi Platform when we acknowledge such orders through the Bitget TradFi Platform or by such other means as we may determine (whether or not you actually receive or become aware of such acknowledgment). You understand that the Bitget TradFi Platform provides the ability to show the real-time status of all of your open orders and pending instructions. You further understand that it is your responsibility to monitor your open orders and pending instructions in real-time until the Bitget TradFi Platform acknowledges the full execution, cancellation, or rejection of the orders or instructions, and that we assume no responsibility or liability if you fail to do so. In the event that you fail to immediately notify us of any error in the real-time acknowledgment of the status of any of your open orders or pending instructions, including the Bitget TradFi Platform's failure to promptly acknowledge the receipt of an order after you transmit such order, we reserve the right to exercise in good faith discretion to require you to accept the trade or to remove the trade from your Bitget TradFi Account at your sole benefit or loss. We may, in some cases, and at our sole, absolute discretion, require secondary electronic, verbal, written, or other confirmation before acting if your Bitget TradFi Account activity is outside of its normal range of activities.
4.6 Your orders shall be subject to trading limits that we may establish, revise, and communicate to you from time to time.
4.7 Subject to clause 4.14 of these Terms, once an order has been executed, the transaction may not be reversible.
4.8 You acknowledge that, due to technical and other restrictions, the price of the Referenced Assets displayed on the Bitget TradFi Platform may be delayed and therefore not reflect the current, live market value of such Referenced Assets. Nonetheless, you agree that the prices displayed on the Bitget TradFi Platform control the value of your Bitget TradFi Account and your use of the Bitget TradFi Platform.
4.9 You acknowledge and agree that we cannot and do not warrant or guarantee that any order placed through the Bitget TradFi Platform will be executed at the best posted price.
4.10 You understand, agree, and acknowledge that it is your responsibility to meet the margin requirements and ensure sufficient margins for all the positions in the Bitget TradFi Account at all times.
4.11 You understand, agree, and acknowledge that it is your responsibility to deposit additional margin and ensure that the funds in the Bitget TradFi Account are sufficient to meet the margin requirements for any open positions at all times, regardless of whether we or the Bitget TradFi Platform is to communicate with you regarding any outstanding margin obligations.
4.12 You understand, agree, and acknowledge that if you fail to maintain the margin requirements for any open positions, we have the right in our sole discretion but not the obligation to initiate a compulsory stop-out of any or all positions when the Bitget TradFi Account balance reaches or falls below the stop-out level. Notwithstanding the foregoing, we are strictly under no obligation to close out or liquidate any positions or take any action in respect of any of your positions if you fail to maintain the margin required in relation to your positions.
4.13 You further acknowledge and agree that:
(a) any losses resulting from the compulsory stop-out or liquidation of any open positions are your responsibility and shall be borne by you; and
(b) we shall not be liable for any losses resulting from the compulsory stop-out or liquidation should we exercise any or all of our rights under these Terms.
4.14 Absent mutual consent of parties involved, we reserve the right to cancel, nullify transactions, or temporarily or permanently suspend or terminate your Bitget TradFi Account in the event that:
(a) the transaction resulted from an identifiable interruption or malfunction of execution, settlement, or communication system;
(b) the transaction that we, in our sole discretion, believe to be fraudulent, manipulative, or disruptive to other users or the Bitget TradFi Platform;
(c) we believe, in our sole discretion, that you (whether acting alone or in collaboration with others) engage in conduct which results in Suspicious Trading Activity as defined in these Terms;
(d) the transaction was executed by any Bitget TradFi Account that has been hacked by unauthorized users, and we determine in good faith that cancellation of the trades shall be in the best interest of users or the BITGET TRADFI Platform;
(e) the transactions were executed by arbitrage/exploitation of market failures or off-market rates;
(f) a technical problem withheld the transaction from being executed as desired;
(g) a liquidity provider has cancelled or altered the transaction;
(h) the transaction was partially executed with the liquidity provider; or
(i) we believe, in our sole discretion, that your Bitget TradFi Account, transactions, or trading activities therein are in breach of these Terms.
5. FEES
5.1 We do not charge you for the downloading of the relevant App that provides the Bitget TradFi Services and account application/registration. We may charge you for the in-app purchases and other features as reasonably determined by us in our sole, absolute discretion from time to time.
5.2 In exchange for the use of and access to the Bitget TradFi Platform and the Bitget TradFi Services, you agree to pay us a fee on each settled transaction initiated by you (" Transaction Fee"). The current Transaction Fee may be found on the Website after you log into your Bitget TradFi Account. We reserve the right to adjust the Transaction Fee at any time, from time to time, and without prior notice to you. Any adjustments will become effective upon posting on the Website. If you do not agree to the new Transaction Fees, you should immediately stop using the Bitget TradFi Service as provided herein. Your continued use of and access to the Bitget TradFi Account, Bitget TradFi Services, and/or the Bitget TradFi Platform following the posting of the adjusted Transaction Fee as posted on the Website will constitute the acceptance of all such changes or revisions.
5.3 Transaction Fees are paid by the trading parties in any given transaction. The trading parties will each be charged a fee in USDT or other currencies from time to time approved by us.
5.4 If you believe that you have been erroneously charged a Transaction Fee, you shall notify us immediately of such error, along with any additional information concerning the transaction. If you do not raise any question or objection within thirty (30) days after such alleged erroneous Transaction Fee first appears on any Bitget TradFi Account statement, such fee will be deemed acceptable by you for all purposes.
6. USER ACCESS OBLIGATIONS
6.1 Bitget will issue you with a set of unique user identification and password, or other appropriate login details or access method for your Bitget Account. To access and use the Bitget TradFi Platform and Services, we will issue you with a separate set of login details or access method for your Bitget TradFi Account created pursuant to clause 3.1.
6.2 You:
(a) are solely responsible for keeping all your login details or access methods confidential so that your Bitget TradFi Account cannot be accessed or used without your permission.
(b) must create strong passwords (e.g., it can be a combination of letters, numbers, and special characters, or a long and unique phrase, etc.) and avoid using weak passwords (e.g., using consecutive numbers or containing your name, date of birth, phone number, personal identification number, or any other easily accessible Personal Data, etc).
(c) must comply with any specifications that we make in relation to your use of the Bitget TradFi Account, Bitget TradFi Service, and Bitget TradFi Platform. This includes any authentication and other security procedures.
(d) notify us immediately by the communication method as notified by us to you from time to time, if:
(i) you lost your login details or access method;
(ii) your login details or access method have been disclosed to third parties or otherwise compromised; or
(iii) you reasonably suspect any unauthorized access to your Bitget TradFi Account.
Upon receipt of your notice, we will suspend your Bitget TradFi Account as soon as reasonably practicable.
6.3 You must secure all your devices or systems used to access the Bitget TradFi Platform, including installing and regularly updating browsers, security patches, antivirus, anti-malware, and other relevant software in the devices or systems. You must also comply with all instructions, procedures, and directions relating to the Bitget TradFi Platform and your user credentials as notified by us from time to time, including the risk management and other measures notified on the Bitget TradFi Platform.
7. RESTRICTED USES
7.1 You must comply with these Terms, any applicable law (including AML/CTF Requirements and Financial Crime Regulations) on an ongoing basis.
7.2 You must only use the Bitget TradFi Services solely for your internal business purposes. You must not sell, resell, license, lease, or otherwise make available access to your Bitget TradFi Account to any third party or otherwise use the BITGET TRADFI Platform on behalf of any third party, without the prior written approval of the Bitget Operating Entity.
7.3 You undertake not to (and should not, knowingly or otherwise, authorize, allow or assist any other party to:
(a) use your Bitget TradFi Account, the Bitget TradFi Platform, and/or Services to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, junk mail, or chain letters;
(b) use your Bitget TradFi Account, the Bitget TradFi Platform, and/or Services to perform illegal, unlawful, or immoral activities (including but not limited to money laundering, terrorism financing, and fraudulent activities);
(c) use your Bitget TradFi Account, the Bitget TradFi Platform, and/or Services to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is unlawful, immoral, or illegal, or contains any other harmful or deleterious program;
(d) modify or adapt the whole or any part of the Bitget TradFi Platform or Services, or combine or incorporate the Bitget TradFi Platform or Services into another program or application;
(e) disassemble, decompile, reverse-engineer, or otherwise attempt to derive the source code, object code, underlying concepts, ideas, and algorithms of the Bitget TradFi Platform or Services or any components thereof;
(f) use the Bitget TradFi Account, the Bitget TradFi Platform, and/or Services in any manner that would lead to the infringement of our, our Affiliates', or any other third party's intellectual property rights. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests;
(g) use your Bitget TradFi Account, the Bitget TradFi Platform and/or Services in a way that could damage, disable, impair, or compromise the provision of the Bitget TradFi Platform, and/or Services (or the systems or security of the exchange operated by Bitget and its Affiliates and/or Services or any other computer systems or devices used in connection therewith) or interfere with other users or affect our or our Affiliate's reputation. You undertake not to gain or attempt to gain unauthorized access to the Bitget TradFi Account or wallets of other users;
(h) take any action that imposes an unreasonable or disproportionately large burden or load on our or our Affiliate's infrastructure (including, but not limited to, the servers, networks, data centers, and related or like equipment) and detrimentally interfere with, disrupt, intercept, or expropriate any system, data, or information belonging to other users of the Bitget TradFi Services;
(i) engage in any other activities deemed inappropriate by us or which are in contravention of these Terms or any Applicable Laws;
(j) provide false, inaccurate, incomplete, or misleading information to us or any of our Affiliates or third-party service providers; or
(k) deposit with us any Digital Assets and/or Fiat Currency forming part of the proceeds of any criminal or unlawful activity.
(l) use the Bitget TradFi Platform or Services in any way, or engage in any conduct in using the Bitget TradFi Platform if we, in our opinion, believe:
(i) may cause market manipulation, including but not limited to insider trading, churning, front running, self-trading, wash trading, quote stuffing, layering, or spoofing, any conduct or behavior which are deemed exploitative, dishonest, abusive, or in violation of good faith principles, regardless of whether such conduct is prohibited by law;
(ii) is defamatory of any other person, obscene, sexually explicit, or offensive;
(iii) may harass, upset, embarrass, alarm, or annoy any other person;
(v) may promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(m) restrict or inhibit any other person from using the Bitget TradFi Platform, including by means of "hacking" or defacing any portion of the Bitget TradFi Platform; and
(n) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine", "scrape", "harvest", or in any way reproduce or circumvent the navigational structure or presentation of the Bitget TradFi Platform or its contents.
7.3 You understand and agree that the information and services which we provide are not provided to, and may not be used by, any individual or institution in any jurisdiction where the provision or use thereof would be contrary to any Applicable Law, or where we are not authorized to provide such Bitget TradFi Services or information and services. We do not offer services or products to you in the Prohibited Jurisdictions. You should inform us immediately if you become a resident in any of the Prohibited Jurisdictions. We also do not offer services to persons or entities on the U.S. Treasury Department's List of Specially Designated Nationals or Blocked Persons, the EU's Consolidated Financial Sanctions List or the UK Sanctions List, or other lists that we may add from time to time in our sole discretion, or any entity that is owned or controlled (50 percent or greater) by a person or entity on such lists (hereinafter " Restrictive Person"), or offer services that involve or otherwise benefit Restricted Person. You understand that we reserve the right to take any appropriate actions in compliance with this restriction or in compliance with the law of a relevant jurisdiction, including termination of any Bitget TradFi Account immediately and liquidating any open positions.
7.4 You understand and acknowledge that we reserve the right to take any appropriate actions to ensure compliance with the local requirements or at the request of local Governmental Authorities, including termination of any Bitget TradFi Account immediately and liquidating any open positions, if it is determined that you have given false representations of your location or place of residence.
7.5 We reserve the right, but do not have the obligation, at our sole discretion, to edit, delete, remove, or block any information that violates this Agreement.
8. AUTHORIZED PERSON
8.1 You and any person that is authorized to access and use the Bitget TradFi Platform and Services on behalf of you (" Authorized Person") acknowledge that you or they (as the case may be) have received and accepted these Terms. When applying for any Authorized Person to receive access to the Bitget TradFi Platform and a Bitget TradFi Account on your behalf, you acknowledge and represent that the Authorized Person is duly authorized to (i) access and use the Bitget TradFi Platform on your behalf and, if applicable, to exercise the same powers conferred by you upon the Authorized Person in accordance with any underlying power of attorney to the same extent as is technically feasible and that services offered under the Bitget TradFi Platform are analogous to services that you may utilize through other channels; (ii) accept any changes to these Terms on your behalf; and (iii) apply or subscribe to any of the Bitget TradFi Services that require separate application or subscription.
8.2 You will procure that each Authorized Person acting on your behalf is informed of and agrees to and complies with these Terms and (where applicable) the Third-Party Services Provider Terms. You shall be fully liable for all acts or omissions or non-compliance of your designated Authorized Person in the access and use of the Bitget TradFi Platform and any transactions conducted through your Bitget TradFi Account.
8.3 You will fully indemnify us and our Affiliates, officer, directors, employees, agents and representatives 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 in connection with:
(a) the access to or use of your Bitget TradFi Account, the Bitget TradFi Platform, and/or Bitget TradFi Services by your Authorized Persons;
(b) the breach or alleged breach of these Terms by your Authorized Persons;
(c) the contravention of any Applicable Law by your Authorized Persons; and
(d) any claim or action by their Authorized Person against us.
8.4 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 the 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 your Bitget TradFi Account, the Bitget TradFi Platform, the Bitget TradFi Services and/or the subject matter of these Terms.
8.5 You represent, undertake, and confirm that you have procured the consent of your Authorized Persons to the collection, use, transfer, disclosure, and processing of the Personal Data of such Authorized persons in accordance with these Terms and the Privacy Policy.
9. PROVISION OF MATERIAL AND INFORMATION
9.1 By choosing to use the Bitget TradFi Services, you acknowledge and agree that:
(a) we are NOT under any obligation whatsoever to accede to your request to provide any offering material, term sheet, market data, research report, product or service documentation, or any other information (" Material") on any products and/or services; and
(b) any Material, where provided, was provided for you only and is not to be further distributed without our written consent.
9.2 You acknowledge that neither we nor the Bitget TradFi Platform are/is your investment adviser or have/has any fiduciary relationship or obligations to you. You further acknowledge that none of the Materials we provide or make available in the Bitget TradFi Platform constitutes our recommendation or solicitation that you enter into any particular transaction or that any particular transaction is suitable or appropriate for you.
9.3 You acknowledge that we have no duty or obligation to verify, correct, complete, or update any Material displayed on the Bitget TradFi Platform. Materials, including, without limitation, market data, price quotations, news, and research, may be prepared by third-party information providers that are independent of us. We do not warrant that the Material will be accurate, complete, or refreshed in a timely manner. You should conduct further research and analysis or consult an investment advisor before making investment decisions. Any use of or reliance on materials by you is at your own risk. We are not obligated to inform you of technical difficulties experienced by us concerning access to the Bitget TradFi Platform.
9.4 Information regarding your Digital Assets balance and the status of your Bitget TradFi Account is available to you in electronic format for viewing anytime (subject to downtimes) on the Bitget TradFi Platform. You may review online all transactions, including pending orders, positions, deposits, and withdrawals, that have taken place in the previous one (1) year or such other time as we may determine from time to time. You also have the right to receive a receipt, trade ticket, or other evidence of a transaction. Nothing in the transaction history should be treated as a valuation. You acknowledge that errors may sometimes occur and such errors do not impact the actual means and results of a given transaction. Any transaction listed in the statement or other communication with you shall be deemed and treated as authorized and correct, approved, and confirmed by you unless we receive a written notice from you to the contrary within three (3) calendar days from the date the communication was sent or posted on the Bitget TradFi Platform.
9.5 The content and information displayed through the Bitget TradFi Platform relating to products and services may not be eligible for sale or available to residents of certain nations or certain categories of investors due to regulatory restrictions.
10. SERVICE AND OTHER NOTIFICATIONS
10.1 The use of Service Notifications involves communications through unsecured communications networks. You must provide us with complete and accurate email address(es) or phone number(s) to allow us to send Service Notifications to you. To ensure that you receive all of the communications, you agree to keep your email address up-to-date and immediately notify us if there are any changes. Delivery of any communication to the email address on record is considered valid. If any email communication is returned as undeliverable, we retain the right to block your access to the Bitget TradFi Platform until you successfully provide and confirm a new and valid email address. Where you have provided multiple email address(es) and phone number(s) to us, you shall specify your preferred contact details for receiving Service Notifications. Where your account is a joint account, you shall inform us whether Service Notifications should be sent to a specific account holder or to all of them.
10.2 You agree to accept notifications regarding the Bitget TradFi Platform, your Bitget TradFi Account, and these Terms through Service Notifications. You agree that such Service Notifications shall constitute effective notice in lieu of written, mailed, or other forms of notice required by Applicable Law.
10.3 It is your sole responsibility to monitor the applicable email account or phone number without further reminders or repeat notifications from us. You shall immediately report any unauthorized use or access of your Bitget TradFi Account and/or the Bitget TradFi Platform.
10.4 You release us from any liability for losses or damages resulting from the use of the Service Notifications, to the extent permitted by law. We provide no warranty and accept no liability that the information provided through Service Notifications is up-to-date, correct, or complete.
11. MARKET MAKERS
11.1 We may engage one or more market makers, who may also be affiliated with us, to act as liquidity providers on the BITGET TRADFI Platform. You understand and agree that such market makers may be entitled to terms or rates that are preferential to you due to the services they offer.
12. DISCLAIMER AND RISKS OF USE OF BITGET TRADFI PLATFORM
12.1 The services and information provided on the Bitget TradFi Platform and the Website 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 Bitget TradFi Platform, your Bitget TradFi Account, the Bitget TradFi 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 Bitget TradFi Platform for a period of time and may also lead to time delays.
12.2 We may, from time to time, suspend access to your Bitget TradFi Account and/or the Bitget TradFi Services, for scheduled and emergency maintenance. We will make reasonable efforts to ensure that transactions on the Bitget TradFi 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.
12.3 The use of the Bitget TradFi Platform, due to the download, installation, or use of the Website and the associated reference points with third parties (for example, distribution platform providers, network providers, device manufacturers), involves risks, in particular:
(a) disclosure of your Personal Data or other information and the existence of your relationship with the Third-Party Services Provider to third parties;
(b) system outages, security-related restrictions, unauthorized removal of use restrictions on the end device, and other disturbances that may make use impossible; and
(c) misuse due to manipulation by malware or unauthorized use, including in the event your device used to access your Bitget TradFi Account, the Bitget TradFi Service, and/or the Bitget TradFi Platform is lost or stolen.
In addition, you acknowledge and agree that you have received, read, and understood any Risk Disclosure Statements and are fully aware of the potential risks associated with the access to or use of the Bitget TradFi Platform and conduct of trading using your Bitget TradFi Account.
12.4 We are entitled to block or disable the use of the Bitget TradFi Platform on end devices if the security features devised by the operating system or manufacturer of such device on which the Bitget TradFi Platform is installed have been modified at any time (for example, a device that has been "jailbroken"). Accordingly, we do not guarantee the functioning and operation of the Bitget TradFi Services on end devices that have been modified in this way or on older end devices that no longer meet the technical requirements for the use of or access to the Bitget TradFi Platform and/or the Website.
12.5 ALL WARRANTIES, CONDITIONS OR TERMS (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING WITHOUT LIMITATION RELATING TO QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, OR UNINTERRUPTED, ERROR-FREE ACCESS, ARE EXPRESSLY EXCLUDED FOR THE SITE, THE PLATFORM, AND THE BITGET TRADFI PLATFORM TO THE FULLEST EXTENT PERMITTED BY LAW.
12.6 Although we make reasonable efforts to update the information on the Bitget TradFi Platform and the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Bitget TradFi Platform and the Website, including information in relation to your Bitget TradFi Account and/or the Bitget TradFi Services, is accurate, complete or up to date.
12.7 You acknowledge and accept the risks that may arise from internet transactions conducted via open systems accessible to anyone and acknowledge that, despite the encryption of data, the connection you're making to your personal computer or electronic mobile device to the Bitget TradFi Platform over the internet may be observable. We may also use servers and other computer hardware situated in any jurisdiction worldwide for the provision of any portion of the Bitget TradFi Services.
12.8 We exclude any and all liability for loss or damage caused by transmission errors, technical faults, breakdowns, business interruptions, or illegal interventions into transmission networks, IT systems/computers of you or of any third party (including systems in the public domain).
13. INTELLECTUAL PROPERTY
13.1 The Bitget IP Rights shall remain vested in the Bitget Operating Entity and/or its Affiliates. We hereby grant to you a non-exclusive license for the duration of these Terms, or until we suspend or terminate your access to The Bitget TradFi Services, whichever is sooner, to use the Bitget IP Rights, excluding the trade marks, solely as necessary to allow you to receive the Bitget TradFi Services for non-commercial personal or internal business use, in accordance with these Terms.
13.2 You hereby grant to us a perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to use the User IP Rights to the extent it (a) forms part of, or is necessary for the use of, any User-created IP Rights; and (b) is necessary to allow us to provide you with the Bitget TradFi Services. The license granted by you under this clause includes our right to sub-license to a third party to the extent required to enable us and any of our Affiliates to provide you with the Bitget TradFi Services, or any part of them.
13.3 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 interests 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.
13.4 You agree and acknowledge that: (a) we are not responsible for any User Materials (whether provided by you or by third parties) which may be made available on the Bitget TradFi Platform or the Website; and (b) use of such User Materials is at your own risk and that we do not provide any warranties in relation to the same.
13.5 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 Bitget TradFi 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 Bitget TradFi Account (if any), or suspending your access to the Bitget TradFi Platform and/or the Website. We shall also have the right to restrict or ban you from any and all future use of Bitget TradFi Services.
13.6 The Bitget TradFi Platform may provide you access to content, information, quotes, videos, photos, or other materials (the " Third-Party Content") supplied by certain third parties (the "Third-Party Content Providers"). We do not endorse or recommend, and are not responsible for verifying the accuracy, validity, or completeness of any Third-Party Content provided through the Bitget TradFi Platform. Your use or reliance on such Third-Party Content is at your sole risk. All title, ownership rights, and intellectual property rights in or relating to the Third-Party Content will remain with the applicable Third-Party Content Provider. Nothing on the Bitget TradFi Platform will be construed as conferring on you or any other user any license, save as expressly set out herein, of any Third-Party Content Provider's title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.
13.7 Provided you are in compliance with these Terms, you can download and access the Bitget TradFi Services on a single mobile device and access the Bitget TradFi Platform using properly issued login details or other access methods. We reserve all other rights in the Bitget TradFi Platform. In the event of your breach of this Agreement, we will be entitled to terminate your use and access to your Bitget TradFi Account and/or the Bitget TradFi Platform immediately.
13.8 You agree not to:
(a) modify, adapt, reproduce, translate, or create derivative works of the Bitget TradFi Platform, or any data or content (including the Third-Party Content) provided through the Bitget TradFi Platform, or any portion thereof, or attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Bitget TradFi Platform;
(b) remove any copyright notice, trademark, legend, logo, or product identification from the Bitget TradFi Platform;
(c) edit, modify, filter, truncate, or change the order of the information contained in any part of the Bitget TradFi Platform, or remove, obscure, or minimize any part of the Bitget TradFi Platform in any way without our authorization; and/or
(d) make any commercial use of the Bitget TradFi Platform or the Bitget logo, trademark, or brand name in any way.
13.9 You authorize us to use and/or transfer to our Affiliates, any information or content which you provided or processed in connection with the use of the Bitget TradFi Services (e.g., Personal Data, geographic information, device information) in the context and for the purpose of providing services or products on the Bitget TradFi Platform and the secure use of the Bitget TradFi Platform.
14. INDEMNIFICATIONS
14.1 You indemnify and hold:
(a) us,
(b) our Affiliates,
(c) our third-party service providers, and
(d) each of their respective joint venture entities, directors, employees, shareholders, agents contractors and representatives of (a), (b) or (c) (each, and " indemnified party", collectively, the " indemnified parties"), from any and all claim, demand or Loss (including legal fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to:
(i) these Terms;
(ii) your violation of any Applicable Laws of any jurisdiction, or the rights of any third party;
(iii) your breach of any of these Terms;
(iv) your use of and access to the Bitget TradFi Account, Bitget TradFi Platform and Services;
(v) performance of any of our obligations under the Agreement with respect to you;
(vi) any act, error, or omission of your use of your Bitget TradFi Account or any user of your Bitget TradFi Account, in connection with the Bitget TradFi Platform and/or Services, including matters related to incorrect, incomplete, or misleading information, libel, invasion of privacy, infringement of an Intellectual Property Right;
(vii) any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Bitget TradFi Platform and/or Services, or violation of any Applicable Law; and
(viii) any of the following circumstances:
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the provision of the Bitget TradFi Platform or entry into an order or effect a transaction in circumstances where we are not in breach of these Terms;
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an Event of Default occurs in relation to you;
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searches and enquiries made in connection with you (including checking for Insolvency);
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instructions given to us by you or an Authorized Person, or a person purporting to be you or an Authorized Person, provided that we act in good faith when effecting the instructions, save where we have actual knowledge of any fraud or forgery;
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us acting on, delaying or refusing to act on instructions from you or an Authorized Person, or taking action against you or an Authorized Person;
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any settlement or attempted settlement or any failed settlement, in circumstances where we are not in breach of these Terms;
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any service provided by a third party selected or nominated by you (including, but not limited to, any authentication services provided by a third party that has not been selected or nominated by us but is necessary for your access, or an Authorized Person's access, to your Bitget TradFi Account, the Bitget TradFi Platform, Services, and/or Website);
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any tax payable by the indemnified party on, or calculated by reference to, any transaction order or any amount paid or payable by or to you under these Terms (excluding any tax payable by the indemnified party by reference to its net income);
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any action taken by a third party to gain control of any Digital Asset contemplated by these Terms; any person exercising, or not exercising, rights under these Terms (including enforcement action and debt collection costs, such as valuation fees and auctioneer's charges); or
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the costs of the indemnified party in defending itself successfully against any claims of fraud, negligence, or willful default,
in each case, except to the extent the Loss is a direct result of the indemnified party's own gross negligence, fraud, or willful misconduct.
You must pay the indemnified party on demand for any Loss the indemnified party reasonably incurs in connection with the incidents described in this clause.
14.2 We will use commercially reasonable effort to notify you by an appropriate means of any such claim, demand, or loss and use commercially reasonable effort to cooperate (at your expense) in the defense. We reserve the right to participate in the defense of such claim, demand, or Loss, or choose our own legal counsel, but are not obligated to do so.
14.3 You agree to pay us interest on any amounts in respect of which you are required to indemnify any person under clause 14.1 or otherwise under these Terms from the date of demand until the date of receipt by that person in full or such amounts and the interest (after as well as before judgment), at our prevailing default interest rate when we ask.
15. EXCLUSIONS AND LIMITATION OF LIABILITY
15.1 UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LAW (TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY EMPLOYEE, DIRECTOR, SHAREHOLDER, OFFICER, AGENT, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING FROM THE USE OR MISUSE OF, OR INABILITY TO USE, OR ACCESS TO YOUR BITGET TRADFI ACCOUNT, THE BITGET TRADFI PLATFORM, WEBSITE, ANY THIRD-PARTY CONTENT, OR ANY THIRD-PARTY SERVICE REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO YOUR BITGET TRADFI ACCOUNT, THE BITGET TRADFI PLATFORM, WEBSITE, ANY THIRD-PARTY CONTENT, OR ANY THIRD-PARTY SERVICE OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND, OR IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
15.2 IN NO EVENT SHALL OUR LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY YOU, EXCEED THE HIGHEST AGGREGATE FEES PAID BY YOU TO US IN CONNECTION WITH THE BITGET TRADFI PLATFORM, OR 10,000 U.S. DOLLARS, WHICHEVER IS GREATER.
15.3 You acknowledge and agree that:
(a) except as expressly provided in these Terms, to the fullest extent permitted by law, we disclaim all other representations or warranties, express or implied, made to you, your Authorized Persons, your Affiliates or any other person, including any warranties regarding title, non-infringement, timeliness, quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service or any good provided under these Terms;
(b) we do not represent or warrant that the Bitget TradFi Platform and/or Services are accurate, complete, reliable, current, or error-free;
(c) while we attempt to make your access and use of the Bitget TradFi Platform and Services safe, we cannot and do not represent or warrant that they are free of viruses or other harmful components;
(d) our liability in respect of representations and warranties that cannot be excluded is limited, at our option, to any of:
(i) re-supplying, replacing, or repairing the Bitget TradFi Platform and/or Services in respect of which the breach occurred; or
(ii) paying the cost of the re-supplying, replacement, or repairing of the Bitget TradFi Platform and/or Services in respect of which the breach occurred.
16. SUSPENSION OR TERMINATION
16.1 We may at any time modify, suspend, or discontinue any portion or feature of the Bitget TradFi Platform and/or Services without prior notice to or any consent from you and without assigning any reason for that action. In particular, we may:
(a)refuse to complete or block, cancel, or, where permitted by Applicable Law, reverse any transaction or order you have authorized/instructed;
(b)terminate, suspend, or restrict your access to any or all of the Bitget TradFi Platform and/or Services;
(c) terminate, suspend, close, hold, or restrict your access to any or all of your Bitget TradFi Accounts;
(d) refuse to transmit information or instructions to third parties; and/or
(e) take whatsoever action we deem 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 Bitget TradFi Account is not you or your Authorized Persons, or that the Bitget TradFi Account has been or will be used for any illegal, fraudulent, or unauthorized purposes; (B) more than one natural person has access to and/or transacts using the same Bitget TradFi Account, (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 3;
(v) pending submission of enhanced due diligence;
(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 breached or attempt to breach these Terms; (B) you breached any express or implied warranties in these Terms or any representations you have made; (C) that any transaction is unauthorized, erroneous, fraudulent, or unlawful or we have determined or suspect that your Bitget TradFi Account or the Services are being used in a fraudulent, unauthorized, or unlawful manner; (D) there is any occurrence of money laundering, terrorist financing, fraud or any other crime in connection with your Bitget TradFi Account or your use of the Services;
(viii) the use of your Bitget TradFi 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 Bitget TradFi Account activity;
(ix) you owe amounts to us 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 Bitget TradFi Accounts without our written consent or abusing promotions that we may offer from time to time; or
(xiii) there is any other valid reason that means we need to do so.
16.2 In addition to any other rights under these Terms, we may suspend, terminate, and/or replace a Bitget TradFi 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.
16.3 You acknowledge and agree that:
(a) the examples set out in clause 16.1 above on when we might take action to terminate, suspend, close, or restrict your access to your Bitget TradFi Account, the Bitget TradFi Platform and/or the Services are a non-exhaustive list; and
(b) our decision to take certain actions, including, without limitation, to terminate, suspend, close, or restrict your access to your Bitget TradFi 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.
16.4 Where we terminate, suspend, hold, or restrict your access to one or more Services:
(a) depending upon the circumstances, if you have instructions, trades, positions, or transactions that are open, they may be closed by you or by us;
(b) any chargeback resulting from the use of your Bitget TradFi Account or Services may result in an immediate suspension and/or restriction of your Bitget TradFi Account and Services;
(c) to re-activate suspended and/or restricted Bitget TradFi 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
(d) you are liable for any credited amounts in case of a chargeback, and you authorize and grant us the right to deduct costs and fees directly from any assets in your Bitget TradFi Account without notice.
16.5 We have no obligation to inform you of the ground or basis for suspending, terminating, or freezing your Bitget TradFi Account or any Digital Assets in your Bitget TradFi Account or other actions we take regarding the Bitget TradFi Platform, Services, and/or the Website.
16.6 Neither we, the Platform, nor any third party acting on their behalf shall be liable to you for any suspension, limitation, or termination of your Bitget TradFi Account or your access to any part of the Bitget TradFi Platform or the Services in accordance with these Terms. For the avoidance of doubt, if your Bitget TradFi Account or access to any part of the Bitget TradFi Platform or the Services are suspended, limited, or terminated (whether temporarily or permanently) due to a breach of these Terms, we reserve the right to recover from you any losses incurred in connection therewith and/or void any transactions conducted by you, your Authorized Persons or your Affiliates and invalidate any associated profits.
16.7 You shall not attempt to regain access to the Bitget TradFi Platform or the Services if your access is terminated by us, whether using the same or a different username, without our prior written consent.
16.8 If there is any ongoing transaction on your Bitget TradFi Account that is subject to the termination procedures, we will have the right to notify your counterparty of the proposed termination.
17. RECORDS CONCLUSIVE
17.1 The calculation and records in our system in relation to the Bitget TradFi Platform and any Bitget TradFi Account, including the transaction history and balance on any of your Bitget TradFi Accounts, will be final and conclusive and be binding on you for all purposes. You agree that such records are admissible in evidence and further undertake to waive any rights to challenge or dispute the admissibility, reliability, accuracy, or the authenticity of the contents of such records merely on the basis that such records were produced by or were the output of a computer system or are set out in electronic form.
18. GENERAL
18.1 Applicable Law. You and any Authorized Persons 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).
18.2 Notices
(a) We may provide you with any notice or communication relating to your use of the Bitget TradFi Services by email via the email account associated with your Bitget TradFi 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.
(b) Any notices, consent, or other communication given under these Terms must be in writing, in English, and signed or otherwise authorized by the party giving it.
18.3 Announcements. All official announcements, news, and promotions will be published on the Bitget TradFi 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 Bitget TradFi Platform and Website regularly to read and consider these announcements.
18.4 Entire agreement. These Terms constitute the entire agreement between you and the Bitget Operating Entity with respect to the Bitget TradFi 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.
18.5 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 reorganization.
18.6 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.
18.7 Recordings.
(a) Subject to Applicable Law, you agree that we may, without further disclosure or consent from you, record any communication that we have with you and/or your Authorized Persons 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 (including your Authorized Persons) 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.
(b) We 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.
18.8 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 language shall prevail.
18.9 Third-party rights. 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 herein. These Terms are for the sole and exclusive benefit of the parties to these Terms and their successors and permitted assigns.
18.10 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.
18.11 Relationship of the parties. We are 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.
18.12 Force Majeure. We will not be liable for any failure or delay in the performance under these Terms that is beyond our reasonable control and prevents us from performing our obligations under these Terms, including:
(a) acts of God (including earthquake, cyclone, fire, explosion, flood, landslide, lightning, storm, tempest, epidemics, pandemic, drought, or meteor);
(b) acts of war and terrorism, declared or undeclared (including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power);
(c) civil disorder (including any act of a public enemy, sabotage, malicious damage, terrorism, or civil unrest);
(d) embargoes (including confiscation, nationalization, requisition, expropriation, prohibition, restraint, or damage to property by or under the order of any government or government authority);
(e) natural disasters;
(f) unnatural disasters (including ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel);
(g) labor disputes (including strikes, blockades, lockouts, or other industrial disputes);
(h) failure or interruption in the internet, public and private communications networks and facilities, communication channels or information systems, or other infrastructure, systems, operations, or equipment relevant to the provision or use of the Bitget TradFi Platform and/or Bitget TradFi Services;
(i) viruses, malware, other malicious computer codes, or the hacking of any part of the Bitget TradFi Platform and/or Bitget TradFi Services;
(j) delay, failure or interruption in, or unavailability of, third-party services and sites;
(k) acts or omissions of acts of a party for whom we are not responsible;
(l) data breaches or data-processing failures; or
(m) adoption of or any change in Applicable Law, or the promulgation of or any change in the interpretation of Applicable Law by any relevant Governmental Authority, or the public statement or action by any Governmental Authority or its official or representative thereof acting in an official capacity.
18.13 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.
18.14 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.
18.16 Privacy. If you receive information about another user through the Bitget TradFi Platform or from using the Bitget TradFi 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.
18.17 Death of Account Holder. In the event of your death or incapacity, we may suspend your Bitget TradFi Account if we have reason to believe that you have deceased. Your Bitget TradFi Account will be suspended until: (i) a representative or beneficiary of your estate completes a successful inheritance application to receive the assets in your Bitget TradFi Account in accordance with all necessary requirements as we deemed fit, including Bitget's internal 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 assets to/from your Bitget TradFi 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 Bitget TradFi Account.
18.18 Tax. 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. We are 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 Bitget TradFi Services.
You acknowledge that we may make certain reports to the relevant tax authorities regarding transactions made on the Bitget TradFi Platform. We may, in our sole discretion or as required by Applicable Law, provide you with additional documentation for the calculation of any tax obligations. We may also withhold and deduct any tax at source due under Applicable Law in our sole discretion.
19. GOVERNING LAW
19.1 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.
20. CLAIM NOTICE
20.1 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 the Bitget Operating Entity (and/or any of its Affiliates) or relating in any way to these Terms, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (" Notice") to us by email at [legal@bitget.com].
20.2 The Notice must:
(a) include your name, residence address, email address, and telephone number;
(b) describe the nature and basis of the claim; and
(c) state the specific relief sought.
If you and the Bitget Operating Entity cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may submit the dispute to binding arbitration as prescribed in Clause 21.
21. DISPUTE RESOLUTION
21.1 Any dispute, controversy, difference or claim between you and the Bitget Operating Entity (and/or any of its Affiliates) arising out of, in connection with, or relating in any way to: (a) these Terms, including the existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or the consequences of their nullity thereof; (b) your relationship with the Bitget Operating Entity (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 your relationship with the Bitget Operating Entity (and/or any of its Affiliate), shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Center (" HKIAC") under 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.
21.2 You and we agree that:
(a) the law of this clause is the laws of Hong Kong;
(b) the seat of arbitration will be Hong Kong;
(c) the arbitration proceedings will be conducted in English;
(d) unless you and we agree otherwise, the number of arbitrators will be 1, and that arbitrator must have relevant legal and technological expertise;
(e) 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;
(f) the arbitrator may conduct only an individual arbitration and may not:
(i) consolidate more than one individual's claims;
(ii) preside over any type of class or representative proceeding; and
(iii) preside over any proceeding involving more than one individual.
21.3 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 mean that there is no longer any lawful right to assert such claims nor to commence any formal legal action.
21.4 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.
21.5 You agree that any dispute arising out of or related to these Terms of Use:
(a) is personal to you and Bitget; and
(b) 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:
(c) only the unenforceable or unlawful provision shall be severed/deleted;
(d) 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
(e) 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.
22. CONTACTING US
22.1 You may contact us regarding these Terms or the Bitget TradFi Services by emailing us at [insert customer service/business email address] and cc [legal@bitget.com].