Dear User,

Welcome to BitMart! This is a User Agreement between you (also referred to herein as “Client,” “User,” or customer) and GBM Global Inc. ("BitMart," “we,” “us,” and “our”; Reg. No.: 134925; Address: Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands MH 96960). This User Agreement ("Agreement" or “User Agreement”) governs your use of the services provided by BitMart described below and such other services that may be offered by BitMart from time to time ("BitMart Services" or "Services"). By signing up to use a BitMart account or service through BitMart.com, BitMart’s APIs, the BitMart mobile application, or any other BitMart website (collectively the "BitMart Site"), you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including Section 7.3. "Arbitration; Waiver of Class Action", as well as our Privacy Policy, Cookie Policy, Prohibited & Conditional Use Policy and E-Sign Consent Policy in Appendix 2.  You may have to agree to additional terms and conditions to use certain Additional Services (as defined below).

BitMart is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.

Last updated:  December 30, 2024

Important Definitions: As used throughout this Agreement, the following terms have the following meanings.

“Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.

"Supported Digital Asset" means only those particular Digital Assets listed as available to trade or custody in your Digital Asset Wallet (as defined below). Services and supported assets may vary by jurisdiction. 

Amendment of these Terms: We may amend or modify this Agreement at any time by posting the revised agreement on the BitMart Site and/or providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of BitMart Services and close your account (as defined below).

Dispute Resolution: PLEASE BE AWARE THAT SECTION 7 (CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION) AND APPENDIX 4 OF THIS AGREEMENT, CONTAIN PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND BITMART. AMONG OTHER THINGS, APPENDIX 4 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  APPENDIX 4 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION 7 AND APPENDIX 4 CAREFULLY.

No Investment Advice or Brokerage: For the avoidance of doubt, BitMart does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. BitMart may provide educational information about Supported Digital Assets, as well as Digital Assets not supported by BitMart, in order to assist users in learning more about such Digital Assets. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the BitMart Site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content as such. BitMart does not recommend that any Digital Asset should be bought, earned, sold, or held by you. BitMart will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by BitMart. 

BitMart does not broker trades on your behalf unless otherwise specified on a specific product. All BitMart trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures.

BitMart is an independent exchange platform for Digital Assets.  However, BitMart expressly confirms that NO Digital Assets listed on BitMart shall be deemed or is intended to be deemed as an investment contract of any kind, or a security, for any and all purposes. BitMart is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.

Acknowledgement of Risk: As with any asset, the value of Digital Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading or holding Digital Assets is suitable for you.  

Digital Assets are not legal tender and are not backed by any government. Legislative and regulatory changes or actions may adversely affect the use, transfer, exchange, and value of Digital Assets. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.

1. Account Setup

1.1. Eligibility. By registering a BitMart account, you represent that you are over 18 years old, with physical and mental capacity to enter into this Agreement between you and BitMart. There are certain features which may or may not be available to you depending on your location and other criteria. 

1.2. Registration of BitMart Account. You must register for a BitMart account to use the BitMart Services (a "BitMart Account" or “your account”). You will need to complete certain verification procedures before you are permitted to use the BitMart Services. By registering or using a BitMart Account you agree and represent that you have created your BitMart Account and you will use your BitMart Account only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from BitMart. You are fully responsible for all activity that occurs under your BitMart Account. We may, in our sole discretion, refuse to open a BitMart Account, suspend or terminate any BitMart Account, suspend or terminate the sending of Digital Assets from your account, or suspend or terminate the trading of Digital Assets in your account. Please see Section 6 below for more information.

1.3. Consent to Access, Processing and Storage of Your Personal Data &Identity Verification. During registration for your BitMart Account, or at any other time deemed necessary by BitMart, you agree to provide us with the information we request for the purposes of identity verification, providing BitMart Services to you, and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and in some cases (where permitted by law), special categories of personal data, such as your biometric information. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing BitMart Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating, if any. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to BitMart or its service provider for as long as you have a BitMart Account, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy and Cookie Policy for more information on how we process your personal data and the rights you have in respect of this.

1.4. Access. The BitMart Services can be accessed directly using the BitMart Site. Access to BitMart Services may become degraded or unavailable during times of significant volatility or volume. This could result in significant support response time delays. Although we strive to provide you with excellent service, we do not represent that the BitMart Site or other BitMart Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. BitMart shall not be liable for any losses resulting from or arising out of delays in processing transactions, inability to execute transactions, or lack of timely response from BitMart customer support. For example, if you are locked out of your BitMart Account, it is possible that the value or price of the Digital Assets in your account might go down before your access is restored. BitMart shall not be liable for any alleged losses that you suffer from a drop in Digital Asset values or prices.

1.5. Geographic Restrictions. At this time, BitMart does not provide Services to residents of: Cuba, Crimea, France, Hong Kong, Iran, Korea (Democratic People’s Republic of), Kingdom of the Netherlands, the State of New York, and the so-called Donetsk People's Republic (DNR) or Luhansk People's Republic (LNR)

2. Hosted Wallet and Custodial Services

2.1. Hosted Wallet Services. As part of your BitMart Account, BitMart will provide qualifying users hosted Digital Asset wallet(s), each of which is an account for holding Supported Digital Assets (“Digital Asset Wallet”).

2.2. Hosted Digital Asset Wallet. Your Digital Asset Wallet allows you to store, track, transfer, and manage your balances of Supported Digital Assets. We securely store Digital Asset Wallet private keys, which are used to process transactions, in a combination of online and offline storage. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate Digital Asset Transfers (as defined below) in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Asset Transfers. 

2.3. Supported Digital Assets. Your Digital Asset Wallet is intended solely for proper use of Supported Digital Assets as designated on the BitMart Site. Under no circumstances should you attempt to use your Digital Asset Wallet to store, send, request, or receive any assets other than Supported Digital Assets. BitMart assumes no responsibility in connection with any attempt to use your Digital Asset Wallet with Digital Assets that we do not support. You acknowledge and agree that BitMart is not liable for any unsupported Digital Asset that is sent to a wallet associated with your BitMart Account. BitMart may in its sole discretion terminate support for any particular Digital Asset. If you do not sell or send such Digital Asset off platform before BitMart terminates its support for such Digital Asset, then BitMart may, in its discretion, remove such Digital Asset from your Digital Asset Wallet and credit your Digital Asset Wallet the equivalent market value of a Supported Digital Asset minus transaction costs. If you have any questions about our current list of Supported Digital Assets, please contact us via support@bitmart.com.

2.4. Supplemental Protocols Excluded. Unless otherwise specifically announced on the BitMart Site or as set forth in this Agreement, Supported Digital Assets excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Asset. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Asset. Do not use your BitMart Account or your Digital Asset Wallet to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such protocol as the BitMart Site is not configured to detect, secure, or process these transactions and functionality. Any attempted transactions in such items will result in complete loss of such items. You acknowledge and agree that other than as set forth in this Agreement, supplemental protocols are excluded from Supported Digital Assets and that BitMart has no liability for any losses related to supplemental protocols.

2.5. Fungibility of Certain Digital Assets.  You acknowledge and agree that BitMart may hold Supported Digital Assets in your Digital Asset Wallets in a variety of different ways, including across multiple blockchain protocols, such as layer two networks, alternative layer one networks, or side chains. In connection with its holding of Supported Digital Assets in your Digital Asset Wallets, BitMart may transfer such Digital Assets off of the primary blockchain protocol and hold such Digital Assets on shared blockchain addresses, controlled by BitMart, on alternative blockchain protocols in forms compatible with such protocols.  You agree that all forms of the same Digital Asset that are held and made available across multiple blockchain protocols may be treated as fungible and the equivalent of each other, without regard to (a) whether any form of such Digital Asset is wrapped or (b) the blockchain protocol on which any form of such Digital Asset is stored.

2.6. Operation of Digital Asset Protocols. BitMart does not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and do not guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Assets in your Digital Asset Wallet or other wallet. BitMart does not control the timing and features of these operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by BitMart in determining whether to continue to use a BitMart Account for the affected Digital Asset. In the event of any such operational change, BitMart reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the BitMart Site, including without limitation, temporarily suspending operations for the involved Digital Asset(s); BitMart will endeavor to provide you notice of its response to any material operating change; however, such changes are outside of BitMart’s control and may occur without notice to BitMart. BitMart’s response to any operating change is subject to its sole discretion and may include deciding not to support any new Digital Asset, fork, or other actions. You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that BitMart is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that BitMart has sole discretion to determine its response to any operating changes and that we have no responsibility to assist you with unsupported Digital Assets or related protocols. You further acknowledge and accept that BitMart has no responsibility to support new Digital Asset forks or operating changes to Digital Asset protocols. 

2.7. Digital Asset Custody and Title. All Supported Digital Assets held in your Digital Asset Wallet are custodial assets held by BitMart for your benefit, as described in further detail below.

2.7.1. Ownership. Title to Supported Digital Assets shall at all times remain with you and shall not transfer to BitMart. All interests in Digital Assets we hold for Digital Asset Wallets are held for customers, are not property of BitMart, and are not subject to claims of BitMart’s creditors. As owner of the Supported Digital Assets in your Digital Asset Wallet, you shall bear all risk of loss of such Supported Digital Assets. BitMart shall have no liability for Supported Digital Asset fluctuations or loss. None of the Supported Digital Assets in your Digital Asset Wallet are the property of, or shall or may be loaned to, BitMart; BitMart does not represent or treat assets in User’s Digital Assets as belonging to BitMart. BitMart may not grant a security interest in the Supported Digital Assets held in your Digital Asset Wallet. Except as required by law, or except as provided herein, BitMart will not sell, transfer, loan, hypothecate, or otherwise alienate Supported Digital Assets in your Digital Asset Wallet unless instructed by you.

2.7.2. Control and Customer Instructions. You control the Digital Assets held in your Digital Asset Wallet. At any time, subject to outages, downtime, protocol requirements, time to conduct blockchain operations to fulfill your request, and other applicable policies, you may withdraw your Supported Digital Assets by instructing BitMart to debit the applicable Supported Digital Asset from your Digital Asset Wallet and transfer the Digital Assets to a different blockchain wallet address. As long as you continue to hold Supported Digital Assets with BitMart, BitMart shall retain control over electronic private keys associated with blockchain addresses operated by BitMart, including those of your Digital Asset Wallet.

2.7.3. Acknowledgement of Risk. Digital Assets are not legal tender and are not backed by any government. Legislative and regulatory changes or actions may adversely affect the use, transfer, exchange, and value of Digital Assets. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.   

2.7.4. Omnibus Accounts. In order to more securely and effectively custody assets, BitMart may use shared blockchain addresses, controlled by BitMart, to hold Supported Digital Assets for Digital Asset Wallets on behalf of customers and/or on behalf of BitMart itself. Although we maintain separate ledgers for users’ BitMart Accounts and accounts held by BitMart for its own benefit, BitMart shall have no obligation to create a segregated blockchain address for your Supported Digital Assets.  

3. Payment Services and Purchase and Sale Transactions

3.1. Transactions on the BitMart Site. When you buy or sell Supported Digital Assets on the BitMart Site, you are not buying Supported Digital Assets from BitMart or selling Supported Digital Assets to BitMart. BitMart acts as the agent, transacting on your behalf, to facilitate that purchase or sale between you and other customers. You can purchase Supported Digital Assets on the BitMart Site 1) using Supported Digital Assets as permitted by BitMart and 2) using third-party payment services made available on BitMart Site. Supported Digital Asset purchases and sales on the BitMart Site are collectively referred to herein as “Digital Asset Transactions”. If BitMart cannot complete your Digital Asset Transaction for any reason (such as price movement, market latency, inability to find a counterparty for your transaction, or order size), BitMart may reject the order and notify you of such rejection. You will not be charged for a rejected transaction.

3.2. Fees. A full list of fees for BitMart Services can be found on our Trading Fees page (https://www.bitmart.com/fee/en-US). By using BitMart Services you agree to pay all applicable fees. BitMart reserves the right to adjust fees and/or any applicable waivers at any time. We will always notify you of the pricing and fees to be applied to your transaction before/when you confirm the transaction. BitMart may charge network fees (miner fees) to process a Digital Asset transaction.  BitMart will calculate the network fee in our discretion, although BitMart will always notify you of the network fee at or before the time you confirm the Digital Asset transaction.  

3.3. Unauthorized and Incorrect Transactions. When a Digital Asset Transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible by email free of charge at support@bitmart.com. It is important that you regularly check your Digital Asset Wallet through the BitMart Site and your transaction history to ensure you notify us as soon as possible of any unauthorized or incorrect transactions. Reporting an unauthorized transaction does not guarantee BitMart will be able to reverse the transaction or reimburse you for the transaction.

3.4. Account Information. You will be able to see your Digital Asset Wallet balances using the BitMart Site. You can also see your transaction history using the BitMart Site, including but not limited to (i) the amount and value of each Digital Asset Transaction; (ii) any fees charged (excluding any spread, or margin, over the prevailing market rate on BitMart’s trading platform); (iii) the date of each Digital Asset Transaction.

3.5. Reversals & Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. You are responsible for maintaining an adequate balance for your Digital Asset Transactions. We reserve the right to refuse to process, or to cancel, correct, clawback, or reverse, any Digital Asset Transaction or Transfers in our sole discretion, even after funds have been debited from your account(s), in response to a subpoena, court order, or other government order; or if we suspect the transaction may: involve money laundering, terrorist financing, fraud, or any other type of financial crime; being erroneous; or relate to a Prohibited Use or a Prohibited Business. In such instances, BitMart will cancel or reverse the transaction and we are under no obligation to reinstate a purchase or sale order at the same price or on the same terms as the canceled/reversed transaction. 

3.6. Transaction Limits. The use of all BitMart Services may be subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your BitMart Account. Your transaction limits may vary depending on your account balance, verification steps you have completed, and other factors. If you wish to raise your limits beyond the posted amounts, you may submit a request at support@bitmart.com. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with BitMart staff (such process, “Enhanced Due Diligence”). BitMart reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence. BitMart reserves the right to change applicable limits, and to refuse to raise your limits, as we deem necessary in our sole discretion. 

4. Digital Asset Transfers

4.1. In General. Your Digital Asset Wallet enables you to send Supported Digital Assets to, receive, and store Supported Digital Assets from, third parties by giving instructions through the BitMart Site. Your transfer of Supported Digital Assets between your other Digital Asset wallets (including wallets off the BitMart Site) and to and from third parties is a “Digital Asset Transfer”. We encourage customers to send a small amount of Supported Digital Assets as a test before sending a significant amount of Supported Digital Assets.

4.2. Pending Digital Asset Transfers. Once a Digital Asset Transfer is submitted to a Digital Asset network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the transfer by the Digital Asset network. A Digital Asset Transfer is not complete while it is in a pending state. Pending Digital Asset Transfers that are initiated from a BitMart Account will reflect a pending transfer status and related Digital Assets are not available to you for use on the BitMart Site or otherwise while the transfer is pending.

4.3. Inbound Digital Asset Transfers. When you or a third party sends Digital Assets to a BitMart Wallet from an external wallet not hosted on BitMart (“Inbound Transfers”), the person initiating the transaction is solely responsible for executing the transaction properly, which includes ensuring that the Digital Asset being sent is a Supported Digital Asset that conforms to the particular wallet address to which the Digital Assets are directed, including any required Destination Tag/Memo. 

By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Asset that conforms to the particular wallet address to which such asset is directed. For example:  

1. If you select an Ethereum wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Ethereum alone, and not any other types of Digital Assets such as Bitcoin or Ethereum Classic.
2. If you select a Bitcoin wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Bitcoin alone, and not any other types of Digital Asset such as Bitcoin Cash or Ethereum. 

BitMart incurs no obligation whatsoever with regard to unsupported Digital Assets sent to a BitMart Digital Asset wallet, or with regard to Supported Digital Assets sent to an incompatible Digital Asset wallet address. If you send unsupported Digital Assets to a BitMart Digital Asset wallet or Supported Digital Assets to an incompatible Digital Asset wallet address, then you will lose those Digital Assets. For some lost Digital Assets, BitMart 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. For more information, see our Help Center or contact our Customer Support. The actual amount recovered may differ from the estimated recovery amount. You acknowledge and agree that BitMart is not liable for any loss incurred during the recovery attempt or subsequent use of the recovered Digital Asset. BitMart does not evaluate the authenticity, safety, or security of unsupported Digital Assets, or offer any kind of assistance.

BitMart may from time to time determine types of Digital Assets that will be supported or cease to be supported. You acknowledge and agree that you may be required to pay network or miner’s fees in order for an Inbound Transfer transaction to be successful. Insufficient network fees may cause an Inbound Transfer to remain in a pending state on a decentralized network completely outside of BitMart’s control, and we are not responsible for delays or loss incurred as a result of an error in the initiation of such Inbound Transfer and cannot change or reverse such transfer.

4.4. Outbound Digital Asset Transfers. When you send Supported Digital Assets from your BitMart Account to an external wallet (“Outbound Transfers”), such transfers are executed at your instruction by BitMart. You should verify all transaction information prior to submitting instructions to us. BitMart shall bear no liability or responsibility in the event you enter an incorrect Digital Asset wallet address, incorrect Destination Tag/Memo, or if you send your Supported Digital Assets to an incompatible wallet address. We do not guarantee the identity or value received by a recipient of an Outbound Transfer. Digital Asset Transfers cannot be reversed once they have been broadcast to the relevant Digital Asset network, although they may be in a pending state, and designated accordingly, while the transfer is processed by network operators. BitMart does not control the Digital Asset network and makes no guarantees that a Digital Asset Transfer will be confirmed by the network. We may cancel or refuse to process any pending Outbound Digital Asset Transfers as required by law or any court or other authority to which BitMart is subject in any jurisdiction. Additionally, we may require you to wait some amount of time after completion of a Digital Asset Transfer before permitting you to use further BitMart Services and/or before permitting you to engage in transactions beyond certain volume limits.

4.5. Third Party Merchants. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from a third party (including other users of BitMart Digital Asset Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using Digital Assets transferred using BitMart Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify our Customer Support at support@bitmart.com so that we may consider what action to take, if possible.

4.6 Debts. In the event that there are outstanding amounts owed to us hereunder, including in your BitMart Account, BitMart reserves the right to debit your BitMart Account accordingly and/or to withhold amounts from funds you may transfer between your BitMart Accounts.

5. Data Protection and Security

5.1. Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated individuals (if you are an institution client), in connection with this Agreement, or with your use of BitMart Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us. 

5.2. Security Breach. If you suspect that your BitMart Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or BitMart (collectively a "Security Breach"), you must notify BitMart Support immediately at support@bitmart.com and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security Breach does not guarantee that BitMart will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach. However, we will duly consider whether a bounty shall be granted as a reward to you.

5.3. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We encourage the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing and verifying messages purporting to originate from BitMart. Always log into your BitMart Account(s) through the BitMart Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

6. General Obligations, Taxes, Designating a Fiduciary and Termination

6.1. Limited License. All content included in or made available through the BitMart Services, BitMart Site or any related content, materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”) is the property of BitMart or its affiliates or its content providers and protected by United States and international copyright laws. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the BitMart Services, BitMart Site, and Content solely for purposes approved by BitMart from time to time. Any other use of the BitMart Services, BitMart Site or Content is expressly prohibited and all other right, title, and interest in the BitMart Services, BitMart Site or Content is exclusively the property of BitMart and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of BitMart.

"BitMart.com", and the following non-exhaustive list, including BITMART, BITMART Logo, BITMART EXCHANGE, and without limitation, any graphics, logos, button icons, and service names included in or made available through any Content, and all logos related to the BitMart Services or displayed on the BitMart Site are either trademarks or trade dress of BitMart or its licensors in the United States and other countries. You may not copy, imitate or use them without BitMart's prior written consent for any purpose, including without limitation, in: connection with any product or service that is not authorized by BitMart; any manner that is likely to cause confusion among customers; or a way that disparages or discredits BitMart.

6.2. Website Accuracy. Although we try our best to provide accurate and timely information on the BitMart Site, the BitMart Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the BitMart Site are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for Digital Assets, is for informational purposes only and BitMart makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the BitMart Site.

6.3. Promotions. From time to time, BitMart may make available special offers or conduct promotions for qualifying customers. Subject to applicable laws, BitMart or the issuer of a Digital Asset subject to an offer or promotion may establish qualifying criteria to participate in any special promotion its sole discretion. BitMart may revoke any special offer at any time without notice. Once Digital Asset has been deposited into a user’s Digital Asset Wallet, that Digital Asset becomes the property of the BitMart user with all applicable property rights, including those noted in Section 2.2 of this Agreement. BitMart shall have no obligation to make special offers available to all customers. BitMart makes no recommendation and does not provide any advice about the value or utility of any Digital Currency subject to a promotion.

6.4. New User Incentive. BitMart’s New User Incentives, if any, are available exclusively to new users who have not previously registered with BitMart and/or verified their identification with BitMart. New User Incentives will appear in a new user’s account following BitMart’s verification of such user’s account registration and/or identification. BitMart will verify a user’s identification based on its internal guidelines and governing regulations, in its sole discretion. New User Incentives are subject to the User Agreement and are not guaranteed, even upon successful verification of a user’s identification. New users who were referred to BitMart through the Referral Program or who have previously opened an account using different contact information are ineligible to receive New User Incentives. BitMart may update the terms and conditions for eligibility at any time, in its sole discretion. BitMart reserve the right to require addition information while investigating suspicious activities, and BitMart may choose to cancel or deduct related incentives in its own discretion once a user’s ineligibility is confirmed.

6.5. Third Party Applications. If, to the extent permitted by BitMart from time to time, you grant express permission to a third party to access or connect to your BitMart Account(s), either through the third party's product or service or through the BitMart Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your BitMart Account(s). Further, you acknowledge and agree that you will not hold BitMart responsible for, and will indemnify BitMart from, any liability arising out of or related to any act or omission of any third party with access to your BitMart Account(s). You may change or remove permissions granted by you to third parties with respect to your BitMart Account(s) at any time through the tabs on the Account Settings page on the BitMart Site.

6.6. Your Content. Some BitMart Services may let you share your own content (for example text, images, video, graphics, audio or other materials, “Your Content”). Before sharing Your Content through the Services, you promise and attest that you own and control all of the intellectual property rights to Your Content (or that you have the necessary license rights to the content) and that Your Content is lawful. We reserve the right to remove Your Content at our discretion, without notice and without liability.
You agree that all of Your Content posted on our Services must comply with all policies applicable to your use of BitMart Services, features or products. If Your Content violates our policies, we may remove it without notice. When you share Your Content on our Services, you may be asked to make disclosures, or label or categorize Your Content; failing to do so accurately may result in Your Content being removed. We also reserve the right to label or categorize Your Content and allow other users to label or categorize Your Content. How Your Content is labeled or categorized may affect how it is displayed by our Services.
When you share Your Content through the Services, you retain your intellectual property rights in Your Content and you provide us with the following license to use Your Content: by using our Services you grant us a worldwide, non-exclusive, royalty-free, sublicensable, perpetual, and transferable license to host, publish, display, perform, reproduce, copy, distribute, communicate, modify, reformat, translate, or otherwise use Your Content (including your text, images, video, graphics, audio, files, communications, and any other content you provide) to operate, improve, develop, and promote our Services. If you see content on BitMart NFT that you believe violates your intellectual property rights, you agree to submit a notice of claimed intellectual property infringement by contacting our Customer Support. We will respond to a properly submitted notification of claimed copyright infringement within a reasonable period of time. Note that repeat infringers may have their BitMart Account disabled.

6.7. Password Security; Contact Information. You are responsible for creating a strong password and maintaining security and control of any and all electronic devices, IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the BitMart Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your BitMart Account by third-parties and the loss or theft of any Digital Assets and/or funds held in your BitMart Account and any associated accounts. You are responsible for keeping your email address and/or telephone number up to date with BitMart in order to receive any notices or alerts that we may send you. You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your BitMart Account. BitMart will never under any circumstances ask you for your passwords or 2-factor authentication codes. BitMart is not liable for any loss that you may sustain due to the compromise of your account login credentials (including passwordless credentials such as Passkeys and any other means of authentication). BitMart is also not liable for your failure to follow or act on any notices or alerts that we may send to you. In the event you believe your BitMart Account information has been compromised, contact BitMart Support immediately at support@bitmart.com.

6.8. Taxes. The tax treatment of Digital Asset transactions can be uncertain under applicable law, and it is your responsibility to determine what taxes, if any, arise from transactions using BitMart Services under this Agreement. Users are solely responsible for reporting and paying any applicable taxes arising from transactions using BitMart Services, and you acknowledge that BitMart does not provide investment, legal, or tax advice governing these transactions. You understand that BitMart shall report information with respect to your transactions, payments, transfers, or distributions made by or to you with respect to your activities using BitMart Services to a tax or governmental authority to the extent such reporting is required by applicable law. BitMart also shall withhold taxes applicable to your transactions or to payments or distributions made or deemed made to you to the extent such withholding is required by applicable law. From time to time, BitMart may ask you for tax documentation or certification of your taxpayer status as required by applicable law, and any failure by you to comply with this request in the time frame identified may result in withholding and/or remission of taxes to a tax authority as required by applicable law. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to Digital Asset transactions.

6.9. Designating a Fiduciary. For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your BitMart Account and during this time, no transactions may be completed until: (i) your designated fiduciary has opened a new BitMart Account, as further described below, and the entirety of your BitMart Account has been transferred to such new account; or (ii) we have received proof in a form satisfactory to us that you have not died. Upon receipt by us of proof satisfactory to us that you have died, your designated fiduciary will be required to open a new BitMart Account in order to gain access to the contents of your BitMart Account. If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your BitMart Account, as determined by us upon receipt and review of the documentation we, in our sole discretion, deem necessary or appropriate, including (but not limited to) a will, a living trust or a small estate affidavit; or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your BitMart Account. 

6.10. Suspension, Termination, and Cancellation. BitMart may suspend, restrict, or terminate your access to any or all of the BitMart Services, and/or deactivate or cancel your BitMart Account(s), with immediate effect for any reason at its sole discretion and is under no obligation to disclose the details of its decision to take such action with you. You acknowledge that BitMart's decision to take certain actions, including limiting access to, suspending, or closing your account for any reason in our sole discretion, may be based on confidential criteria that are essential to BitMart's risk management and security protocols. You agree that BitMart is under no obligation to disclose the details of its risk management and security procedures to you.

You may cancel your BitMart Account(s) at any time by visiting BitMart Account Cancellation Procedure and Requirements Guide – BitMart. You will not be charged for canceling your BitMart Account(s), although you will be required to pay any outstanding amounts owed to BitMart. You authorize us to cancel or suspend any pending transactions at the time of cancellation. However, you acknowledge and agree that BitMart may retain your information as needed to provide our Services, comply with legal obligations, or protect our or others’ interests, even after you cancel your BitMart account. Please refer to our Privacy Policy for details.

BitMart may discontinue or change any product, service, or feature, in its sole discretion, at any time. You agree that we may transfer you to a product or service that is reasonably similar to the discontinued or changed product or service, to the extent such product or service exists. We will provide you with prior notice of material changes, discontinuation, or the transfer related to a product, service, or feature, to the extent required or applicable.

6.11. Export Controls and Sanctions. Your use of the BitMart Services and the Site is subject to applicable law including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. By sending, receiving, buying, selling, trading, or storing Digital Assets through the Site or BitMart Services, you agree that you will comply with all applicable laws. You are not permitted to acquire Digital Assets or use any of the BitMart Services through the Site if doing so would violate applicable laws and regulations, including but not limited to those of the United Nations Security Council, the United States (including prohibiting dealings with sanctioned persons identified by the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons (“SDN”), or other U.S. non-SDN restricted or prohibited parties lists, and those prohibiting dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable federal, state, municipal or local laws and regulations (each as amended from time to time).

6.12. Consent to Receive Text Messages. By opting in to receive text messages from BitMart, you verify that the mobile number provided to BitMart is true and accurate and that you are the current subscriber or owner of any telephone number that you provide. By voluntarily providing your telephone number(s) and opting in to receiving text messages from BitMart, you expressly agree to receive recurring automated text messages (such as SMS, MMS, or successor protocols or technologies) from BitMart and understand that consent is not required to make any purchase. Message and data rates may apply and the frequency of messages varies. Your consent to receive automated texts is completely voluntary. You may opt-out at any time by informing us. BitMart, carriers and other service providers which support BitMart in delivering text messages are not responsible for any delayed or undelivered text messages. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different numbers for different messaging purposes, so texting STOP to one number will not effectuate a stop request for all text messaging programs to which you are subscribed. If you would like to stop messages from multiple numbers, text STOP from each number to which you would like to unsubscribe. You agree to indemnify, defend, and hold harmless BitMart for any claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from any privacy, tort or other claims, including claims relating to your voluntary provision of a telephone number that is not owned by you. You can contact us via our help page at BitMart Help Center. Opt-in consent for text messages is not shared with any third party, except telecommunication technology providers (e.g. aggregators and providers of text message services) as defined in our Privacy Policy.

7. Customer Feedback, Queries, Complaints, and Dispute Resolution

7.1. Contact BitMart. If you have feedback, or general questions, contact us via our Customer Support webpage at BitMart Help Center. When you contact us, please provide us with your name, email address, and any other information we may need to identify you, your BitMart Account(s), and the transaction on which you have feedback or questions. 

BitMart requires that all legal documents (including civil subpoenas, complaints, and small claims) be sent to Legal@bitmart.com. In terms of law enforcement requirements, please contact us per our Law Enforcement Request Guidelines: https://support.bitmart.com/hc/en-us/articles/25063472718619. By accepting or responding to the service of a legal document, BitMart does not waive any objections we may have and may raise in response to such document.

7.2. Formal Complaint Process. If you have a complaint with BitMart, you agree to first contact BitMart through our support team at BitMart Help Center to attempt to resolve any such dispute amicably. If you cannot resolve the dispute through BitMart Support, you agree to use the Formal Complaint Process set forth below before filing any arbitration claim or small claims action as described further in Appendix 4 below. You must complete the Formal Complaint Process before filing any arbitration or small claims action. If you do not complete it, then you agree that your claim or action must be dismissed from arbitration or small claims court.

7.2.1. Procedural Steps. In the event that the dispute is not resolved through your contact with BitMart Support, you agree to use our complaint form to describe your dispute, how you would like us to resolve the complaint, and any other relevant information. The complaint form can be found on the BitMart support pages or can be requested from BitMart Customer Support. We will acknowledge receipt of your complaint form after you submit it. A BitMart customer relations agent will review and evaluate your complaint based on the information you have provided and information in the possession of BitMart. The Formal Complaint Process is completed when BitMart responds to your complaint or forty-five (45) business days after the date we receive your complaint, whichever occurs first. 

7.3. Arbitration; Waiver of Class Action. You agree to be bound by the Arbitration Agreement in Appendix 4 to this Agreement.

8. Liabilities & Indemnification

8.1. Release of BitMart; Indemnification. If you have a dispute with one or more users of the BitMart Services, you release BitMart, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold BitMart, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

8.2. Limitation of Liability; No Warranty. IN NO EVENT SHALL BITMART, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (I) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL ASSETS ASSOCIATED WITH YOUR DIGITAL ASSET WALLET AT THE TIME OF THE EVENT OR CIRCUMSTANCE GIVING RISE TO YOUR CLAIM OR (II) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE BITMART SITE OR THE BITMART SERVICES, OR THIS AGREEMENT, EVEN IF BITMART HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF BITMART’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT BITMART FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE LESSER OF THE VALUE OF THE SUPPORTED DIGITAL ASSETS AT ISSUE IN THE TRANSACTION OR THE TOTAL VALUE OF THE SUPPORTED DIGITAL ASSETS ASSOCIATED WITH YOUR DIGITAL ASSET WALLET, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES ARISING OUT OF OR RELATING TO DIGITAL ASSETS THAT ARE NOT SUPPORTED DIGITAL ASSETS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE BITMART SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITMART SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. BITMART DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE BITMART SITE, ANY PART OF THE BITMART SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. BITMART DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE BITMART SERVICES AND BITMART SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT BITMART WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (I) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA, OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE BITMART SERVICES OR ANY WEBSITE OR SERVICE LINKED TO OUR WEBSITE; (III) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE BITMART SERVICES; OR (IV) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR BITMART ACCOUNT.

BitMart will make reasonable efforts to ensure that requests for BitMart Services are processed in a timely manner but BitMart makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

The foregoing limitations of damages, liability and no warranty provisions set forth above in this Section 8.2 are fundamental elements of the basis of the bargain between BitMart and you.

9. General Provisions

9.1. Entire Agreement. This Agreement, the Privacy Policy, the E-Sign Disclosure and Consent Policy, Prohibited & Conditional Use Policy, and Appendices incorporated by reference herein and other BitMart policies and procedures available, comprise the entire understanding and agreement between you and BitMart as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), between you and BitMart. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

9.2. Assignment. We reserve the right to assign our rights without restriction, including without limitation to any BitMart affiliates or subsidiaries, or to any successor in interest of any business associated with the BitMart Services. In the event that BitMart is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under this Agreement. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

9.3. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

9.4. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, BitMart Account cancellation, debts owed to BitMart, general use of the BitMart Site, disputes with BitMart, and general provisions, shall survive the termination or expiration of this Agreement.

9.5. Governing Law. You agree that the laws of Cayman Islands, without regard to principles of conflict of laws, will govern this Agreement and any Dispute, except to the extent governed by other applicable law.

9.6. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

9.7. Non-Waiver of Rights. This Agreement shall not be construed to waive rights that cannot be waived under applicable laws. In addition, our failure to insist upon or enforce strict performance by you of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.

9.8. Relationship of the Parties. BitMart is an independent contractor for all purposes. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and BitMart, or authorize you to act as agent of BitMart.

APPENDIX 1: Verification Procedures and Limits

We may ask you to verify your identity before you are allowed to use any BitMart Services. This ensures we remain in compliance with applicable KYC/AML laws, which is necessary for us to be able to continue to offer Digital Asset exchange services to our users. We may collect and verify information about you in order to: (i) protect BitMart and the community from fraudulent users; and (ii) to keep appropriate records of BitMart users. Your withdrawal and trading limits may depend on the level of identity verification that you complete with BitMart.

The following information may be included in the identity verification process:

1. Name;
2. Date of Birth;
3. Place of Birth;
4. Physical Address;
5. Acceptable form of identification (i.e. passport, state driver's license, or state identification card);
6. Selfie from your webcam or mobile phone;
7. Source of Funds;
8. Income/employment information;
9. Explanation of activity.

Notwithstanding the identity verification process listed above, BitMart may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any BitMart Services and/or before permitting you to engage in transactions beyond certain volume limits.

APPENDIX 2: E-Sign Disclosure and Consent

This policy describes how BitMart delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.

Electronic Delivery of Communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your BitMart Account(s) and your use of BitMart Services. Communications include:

1. Terms of use and policies you agree to (e.g., the BitMart User Agreement and Privacy Policy), including updates to these agreements or policies;
2. Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
3. Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
4. Responses to claims or customer support inquiries filed in connection with your Account.

We will provide these Communications to you by posting them on the BitMart Site, emailing them to you at the primary email address listed in your BitMart profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.

Hardware and Software Requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

1. A device with an Internet connection;
2. A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
3. A valid email address (your primary email address on file with BitMart); and
4. Sufficient storage space to save past Communications or an installed printer to print them.

How to Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by contacting us at support@bitmart.com. If you fail to provide or if you withdraw your consent to receive Communications electronically, BitMart reserves the right to immediately close your BitMart Account.

Updating your Information

It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if BitMart sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, BitMart will be deemed to have provided the Communication to you.

You may update your information by logging into your account and visiting settings or by contacting our support team.

APPENDIX 3:  Additional Services

In addition to the Services described in the Agreement, the following services ("Additional Services") may be made available by BitMart to Users that fulfill certain eligibility criteria. The provisions for each Additional Service herein apply to your use of such Additional Service, in addition to the other applicable provisions of the Agreement. If you do not use any Additional Services, then this Appendix does not apply to you.

1. Staking Services

When you hold Supported Digital Assets on BitMart you may be given the option to “stake” these assets in a third party proof of stake network via staking services provided by BitMart or an affiliate (including a third party validator operator). Please visit BitMart Staking information page for further details on how proof of stake works.

1.1. Staking Services Are Optional and Do Not Affect Ownership. Staking services may be available for some or all of your Supported Digital Assets. YOU ARE NOT REQUIRED TO STAKE WITH BITMART. If you choose to stake, BitMart will perform blockchain operations involving your digital assets as described below. This instruction to stake your digital assets does not affect the ownership of your digital assets in any way. For the avoidance of doubt, the provisions for Digital Asset Custody and Title described in Section 2.7 above apply whether or not a digital asset is staked.

1.2. The Service; Rewards; Commission; Limitations. If you stake your assets with us, BitMart, or one of its affiliates, will facilitate the staking of those assets on your behalf by acting as a transaction validator on the applicable network for the Supported Digital Asset you stake. Depending on the protocol, there may be a delay before your assets are eligible to participate in the transaction validation process and start earning rewards. If BitMart or an affiliate successfully performs a validation task in that Supported Digital Asset, you may earn a reward granted by that Supported Digital Asset’s network. Rewards are determined by the protocols of the applicable network. If the applicable network distributes any rewards in unstaked form, BitMart will use commercially reasonable efforts to restake those rewards. Rewards will be credited to your account by taking into account the amount of your principal and previously accrued rewards that remain staked with BitMart. BitMart will credit your account for any earned rewards after receipt by BitMart with/without a fee.

1.3. Slashing. Some Digital Asset networks subject staked assets to “slashing” if the transaction validator representing those assets incorrectly validates a transaction. BitMart will use commercially reasonable efforts to prevent any staked assets from slashing; however, in the event they are, BitMart will replace your assets so long as such penalties are not a result of: (i) protocol-level failures caused by bugs, maintenance, upgrades, or general failure; (ii) your acts or omissions; (iii) acts or omissions of any third party service provider; (iv) a force majeure event as defined in Section 9.6 of the User Agreement; (v) acts by a hacker or other malicious actor; or (vi) any other events outside of BitMart’s reasonable control.

1.4. Protocol Lockups and Unstaking. Some Digital Asset networks require that a certain amount of staked assets be locked (restricted from sale or transfer) for a period of time while staking.

You will need to request for your staked assets to be unstaked before they can be sold or transferred. When you request to unstake, BitMart will take blockchain operations on your behalf to wind-down your assets’ participation in the validation process of the relevant protocol. These blockchain operations may take up to 48 hours to complete, in addition to any applicable protocol unstaking period. Depending on the protocol, you may not receive staking rewards during the unstaking process. Expected unstaking periods are estimates only.

1.5. No Guarantee of Rewards. You have no right to a reward until it is received by BitMart. Rewards will be distributed to your account promptly after they are received by BitMart. Unless otherwise specified, the “staking rewards rate” or “APY” disclosed by BitMart for a particular Supported Digital Asset is an annualized historical rate based on the staking rewards generated by BitMart in providing staking services to BitMart customers for that Supported Digital Asset. This rate is an estimate and may change over time. BITMART DOES NOT GUARANTEE THAT YOU WILL RECEIVE ANY STAKING REWARDS.

1.6. Eligibility. Users who wish to stake through BitMart must meet certain eligibility requirements. These requirements are subject to change in sole discretion of BitMart.

2. Savings Services

Similarly, you may also have the option to participate in BitMart's Savings services, where you can earn rewards on your assets through interest, with the potential for flexible, fixed, or promotional returns. For more details on how the Savings services work, please visit the BitMart Savings information page.

2.1. Savings Services Are Optional and May be Used for Operating Purposes. By holding Supported Digital Assets on BitMart, you may be eligible to subscribe to certain BitMart Savings products ("Savings Services") offered by BitMart or its affiliates, which enable you to earn rewards in the form of interest on your Digital Assets. Participation in the Savings Services is entirely voluntary. YOU ARE NOT REQUIRED TO PARTICIPATE IN THE SAVINGS SERVICES WITH BITMART. Saving Services Assets may, at BitMart's sole discretion and without prior notice, be used for operating purposes by BitMart Group Entities including, but not limited to, loans to other clients of BitMart and BitMart Affiliates globally under Margin and Loan products. Any use of BitMart Savings Assets for operating purposes will be subject to stringent policies and explicit limitations as to how BitMart Savings Assets are deployed.

2.2. Flexible and Fixed Savings Products. Savings Services may be offered in one or more of the following formats:
Flexible Savings: You may redeem your assets at any time, subject to daily maintenance windows and system availability. Principal amounts will be returned to your Spot Wallet upon redemption. Interest will not accrue on the day of redemption.
Fixed Savings: Assets subscribed to Fixed Savings shall be locked for the duration of the applicable term. Early redemption is not permitted. Upon maturity, BitMart shall return both the principal and any accrued interest to your Spot Wallet within a commercially reasonable time, typically between 04:00–06:00 UTC on the day following maturity.
BitMart does not guarantee that all Supported Digital Assets will be eligible for both product types.

2.3. Auto-Subscription Feature. You may elect to enable the Auto-Subscribe function for Flexible Savings. If enabled, BitMart will automatically allocate the eligible balance of your Supported Digital Assets in your Spot Wallet into Flexible Savings on a daily basis at 00:00 UTC. You may enable or disable this function at any time via your account settings.

2.4. Interest Accrual and Credit. Interest will begin to accrue on Savings subscriptions based on the time of successful enrollment, subject to product-specific rules. Unless otherwise stated:
Flexible Savings: Interest accrues on an hourly basis and is calculated using the formula:
Interest = Principal × (APY ÷ 365 ÷ 24) × Hours held.
Fixed Savings: Interest accrues daily and is calculated using the formula:
Interest = Principal × (APY ÷ 365) × Days held.
BitMart will credit any earned interest to your account in accordance with the applicable accrual and settlement schedule. Accrued rewards shall be credited in the same type of digital asset as the subscribed principal, unless otherwise specified.

2.5. No Guarantee of Earnings; Risk Disclosure. You acknowledge and agree that:
You have no right to a reward until it is received by BitMart. Rewards will be distributed to your account promptly after they are received by BitMart. Participation in Savings Services is not guaranteed to generate returns, and all digital asset transactions involve risk, including the potential loss of principal.
The Annual Percentage Yield (APY) displayed for each product is an estimate only, based on historical data, and does not represent a promise of future performance.
BITMART DOES NOT GUARANTEE THE TIME, AMOUNT, OR DELIVERY OF ANY REWARDS ASSOCIATED WITH SAVINGS SERVICES.

2.6. Eligibility and Restrictions. BitMart Savings Service is not available for users located in, established in, or a resident of the United States of America. BitMart reserves the right, in its sole discretion, to restrict access to Savings Services based on legal, regulatory, or risk considerations, or user status (including KYC verification level). BitMart may modify, suspend, or terminate any Savings product or feature at any time, with or without prior notice, to the extent permitted by applicable law.

APPENDIX 4: ARBITRATION AGREEMENT

1.1. Applicability of Arbitration Agreement.Subject to the terms of this Arbitration Agreement, you and BitMart agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services or of the BitMart Site, any Communications you receive, any products sold or distributed through the BitMart Site, the Services, or the User Agreement and prior versions of the User Agreement, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and BitMart may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or BitMart may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the User Agreement as well as claims that may arise after the termination of this User Agreement.

1.2. Waiver of Jury Trial.  YOU AND BITMART HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BitMart are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 

1.3. Waiver of Class and Other Non-Individualized Relief. YOU AND BITMART AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 1.8, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 1.8 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and BitMart agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or BitMart from participating in a class-wide settlement of claims.

1.4. Rules and Forum.  The User Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Formal Complaint Process described in Section 7.2 above does not resolve satisfactorily within forty-five (45) business days after receipt of your complaint form, you and BitMart agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). If you initiate the arbitration, you must provide BitMart a copy of your Request by email at legal@bitmart.com. The Request must include: (1) the name, your BitMart account number, email address of the party seeking arbitration, and the email addresses associated with the applicable BitMart Account(s); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Formal Complaint Process as described above in Section 7.2 (if you are the party making the Request); and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.  

Disputes involving claims, counterclaims, or requests for relief under $25,000, not inclusive of attorneys’ fees and interest, will be conducted solely on the basis of documents you and BitMart submit to the arbitrator. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.  

You and BitMart agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.  

1.5. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) business days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under subsection 1.8 is triggered, the AAA will appoint the arbitrator for each batch.

1.6. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the Section entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the Section entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such Section entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. This means that, among other things, you and we agree that an arbitral award shall have no preclusive effect in any other proceeding involving other parties. Judgment on the arbitration award may be entered in any court having jurisdiction. In any award of damages, the arbitrator shall abide by the “Limitation of Liability” section of this User Agreement.

1.7. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose. If you or BitMart need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Formal Complaint Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. 

1.8. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and BitMart agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against BitMart by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by BitMart.

You and BitMart agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

1.9. Modification. Notwithstanding any provision in this User Agreement to the contrary, we agree that if BitMart makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the BitMart Site and/or Services, including the acceptance of products and services offered on the BitMart Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes.