Terms of Service
This agreement constitutes a legally binding agreement between you (“You,” “Your”) and Abcoin (“Abcoin,” “We,” “Our”). These terms apply to your use of the Abcoin services provided on, through, or otherwise available to you via the platform. The Abcoin services may be provided by Abcoin or, in accordance with these terms, any product terms, or any additional terms, by any Abcoin affiliate partner.
By registering for an Abcoin account, accessing the Abcoin platform, and/or using Abcoin services, you agree that you have read, understood, and accepted these terms and any additional documents or terms referenced herein. You acknowledge and agree that you will be bound by and comply with these terms as updated and revised from time to time.
If you do not fully understand and accept these terms, do not register for an Abcoin account and do not access or use the platform or any Abcoin services.
Risk Warning
The value of digital assets, like any other assets, may fluctuate significantly, and there is a risk of substantial financial loss when buying, selling, holding, or investing in digital assets. Therefore, consider whether it is appropriate to trade or hold digital assets based on your financial situation. For more information about the risks associated with using Abcoin services, please refer to the “Risk Warning” (which may be updated from time to time). Please read the “Risk Warning” carefully; however, it does not list all possible risks nor explain how these risks might affect you personally. Before deciding to use Abcoin services, make sure you fully understand the risks you may encounter.
Abcoin is not your broker, intermediary, agent, or advisor, and there is no fiduciary relationship between Abcoin and any transactions or other activities you conduct using Abcoin services, nor does Abcoin owe any obligation. Abcoin does not provide any type of investment or advisory advice. Any communications or information provided by Abcoin are not intended to offer any advice and should not be interpreted as such. You should independently assess whether any investment, investment strategy, or related transaction is suitable for you based on your personal investment objectives, financial situation, and risk tolerance, and assume any related losses or liabilities yourself. Abcoin has not advised you to purchase, earn, sell, or hold any digital assets. You should conduct due diligence and consult a financial advisor before deciding to purchase, sell, or hold any digital assets. Abcoin is not liable for any decisions you make to purchase, earn, sell, or hold digital assets based on information we provide, including any losses you may incur as a result of those decisions.
Agreement Between You and Abcoin
1. Introduction
1.1. About Abcoin: Abcoin is a leading cryptocurrency exchange committed to revolutionizing digital asset management. We focus on providing a secure and fast trading experience, offering a high-efficiency, reliable platform to users worldwide, making digital asset management more convenient and secure.
1.2. These Terms: By registering an Abcoin account, you enter into a legally binding agreement with Abcoin. These terms apply to your use of Abcoin services and clarify what kind of company Abcoin is, how Abcoin provides services to you, how these terms can change or be terminated, how to resolve issues, and other important information. You must read these terms and the documents referenced herein carefully. If there is anything you do not understand, please contact us. If any local terms apply to your use of Abcoin services, those local terms shall prevail over these terms.
1.3. Additional Documents: Many additional documents referenced in these terms also apply to your use of Abcoin services. These additional documents include:
a. Abcoin’s Privacy Statement, which governs how we handle any personal data collected from or provided by you. By using Abcoin services, you agree to such processing and ensure that all data you provide is accurate and up-to-date.
b. Abcoin’s Risk Warning, which outlines important information regarding the potential risks of purchasing, selling, holding, or investing in digital assets.
c. Fee Structure page on the Abcoin website.
d. Product Terms, which specify the additional terms and conditions applicable to specific Abcoin services.
You acknowledge that you are bound by any relevant additional terms and conditions applicable to Abcoin services and agree to comply with them.
2. Eligibility
2.1. Eligibility Criteria: To be eligible to register for an Abcoin account and use Abcoin services, you must:
a. Be an individual, company, legal entity, or other organization with full power, authority, and capacity to (1) access and use Abcoin services; and (2) enter into and comply with your obligations under these terms;
b. If you are an individual, you must be at least 18 years old;
c. If you are an employee or agent of a legal entity and are entering into these terms on behalf of the entity, you must have the proper authorization to represent the entity, and the entity must be bound by these terms;
d. Not be suspended or have your eligibility to use Abcoin services revoked;
e. Not be a restricted person;
f. Not currently hold an Abcoin account; and your location, place of registration, or place of establishment must not be in the following areas; you must not be a citizen, resident, or conduct business operations in the following areas:
i. Jurisdictions where accessing or using Abcoin services would violate applicable laws or cause Abcoin or any third party to violate applicable laws; or jurisdictions listed on the “Prohibited Countries/Regions List.”
2.2. Modifying Abcoin Eligibility Criteria: Abcoin may modify the eligibility criteria at its sole discretion at any time. Abcoin will endeavor to notify you of changes in advance whenever possible. However, we may occasionally need to make changes without prior notice, which may occur in situations such as:
a. Changes made in response to legal and/or regulatory changes;
b. Changes made in your best interest; and/or for other reasonable reasons that do not allow time for prior notice.
For situations where we cannot notify you in advance, we will notify you as soon as possible after the changes are made.
3. How We Contact Each Other
3.1. How to Contact Us: For more information about Abcoin, please visit the Abcoin website. If you have any questions, feedback, or comments, please contact our customer service team. These terms may specify contact information for certain notifications. The addresses in these notifications are not monitored.
3.2. How We Contact You: We will contact you using the contact information you provided. This may include contacting you via email, text message, or phone. Please ensure that the contact information you provide is correct and up-to-date. If your contact information changes, notify us immediately. Otherwise, Abcoin is not responsible if you do not receive our communications, notifications, or other important information.
4. Abcoin Services
4.1. Specific Product Terms: Once you open an Abcoin account, you may use Abcoin services in accordance with these terms and the product terms applicable to each specific Abcoin service.
5. Chat Services
5.1. Availability of Chat Services: We may provide you with interactive online chat services (“Chat Services”) at any time while you are using any Abcoin services. You may interact with bots, chatbots, or other non-human entities when using Chat Services. Where required by applicable law, we will indicate when chatbots or other non-human entities are being used. By contacting us via Chat Services, you authorize us to monitor and save your chat records.
5.2. Important Information: Chat Services are provided for convenience and are generally intended to facilitate your understanding of Abcoin services. Any content communicated via Abcoin Chat Services should not be construed as a legal agreement, representation, or warranty regarding services, processes, decisions, or response times. Any personal data you share with us through Chat Services must comply with the applicable privacy policy and notices as stipulated in Abcoin’s Privacy Statement.
5.3. User Chat: Additionally, Abcoin may provide you with chat services that allow you to interact directly with other users of the platform (“User Chat”).
5.4. Prohibited Conduct: You are not allowed to send any abusive, defamatory, fraudulent, or obscene messages through Chat Services or User Chat, nor to send any messages intended to manipulate the market, or to disseminate false or misleading information or statements that violate applicable laws. Violating these rules may result in the termination of the chat session and could lead to restrictions on your use of Abcoin services.
6. Handling fee
6.1. Payment of transaction fees. You agree to pay all applicable fees related to the use of Abcoin services in accordance with the fee ladder structure specified on the Abcoin official website or through any relevant product terms.
You authorize us to deduct from your Abcoin account all applicable fees, commissions, interest, charges, and other outstanding amounts under these Terms or any Product Terms, in accordance with the calculation method specified on the 'Fee Ladder Structure' page. If you owe Abcoin funds (denominated in a certain digital asset), and the amount of that digital asset is not enough to repay the outstanding amount, Abcoin can deduct the debt from other digital assets to pay (in this case, Abcoin will exchange your held digital assets for digital assets denominated in the outstanding funds (or equivalent fiat currency) at the current price published by the platform or other commercially reasonable prices determined by us). If the digital assets in your Abcoin account are insufficient, you acknowledge that any amount due and payable by you under these terms shall be a debt due and payable in such quantity and form (whether digital assets or otherwise) as we may reasonably determine through commercial means.
6.2. Modify Abcoin transaction fees. Abcoin may adjust the handling fee from time to time in accordance with the provisions of Article 18.3 of these terms.
Regarding your Abcoin account
7. Create an Abcoin account
7.1. Open an account. You must create and maintain an Abcoin account in order to access Abcoin services and platforms. Individuals can open Abcoin personal accounts, while companies, entities, or other organizations can also open Abcoin corporate accounts.
All Abcoin accounts are provided entirely at Abcoin's discretion. Abcoin reserves the right to reject any Abcoin account application without reason or limit the number of Abcoin accounts you can hold.
7.2. Exclusive rights. By opening an Abcoin account, you agree to:
a. If you are an individual user, you will only use your Abcoin account for personal use and do not represent any third party in using your Abcoin account, except with your prior written consent from Abcoin; as well as
b. If you are a company user, your licensed user is only using the Abcoin enterprise account for your benefit and does not represent any third party using the Abcoin enterprise account, except with your prior written consent from Abcoin.
You are fully responsible for all activities of your Abcoin account.
7.3. Identity authentication. You need to first provide us with relevant information about yourself and your authorized users (if applicable), complete our identity authentication process, and then be approved to open an Abcoin account and access and use Abcoin services. All information you provide must be complete, accurate, and truthful. Whenever such information changes, you must update it immediately.
You authorize Abcoin to conduct any necessary investigations, either directly or through third parties, to verify the identity of you and any licensed users, to protect you and/or Abcoin from fraud, money laundering, terrorist financing, or other financial crimes, and to take any action deemed necessary by Abcoin based on the results of such investigations.
You are aware and understand that Abcoin may disclose your and any licensed user's personal data to identity verification, compliance data recording, credit investigation, fraud prevention, or financial crime agencies during its investigation; And you are aware and understand that these institutions can fully respond to Abcoin's inquiries.
You can refer to Abcoin's Privacy Statement for more information on personal data processing.
7.4. Conduct thorough due diligence. Abcoin may also require you to submit additional information about yourself, your company, or licensed users, provide additional records or documents, or have face-to-face meetings with Abcoin representatives in order to comply with Abcoin's thorough due diligence procedures.
7.5. record. As long as the relevant purposes stated in the Privacy Statement, relevant laws for tax and accounting purposes, compliance with anti money laundering laws, or other requirements conveyed to you through other means are met, Abcoin will retain your personal data so that you can continue to use Abcoin services. Please refer to Abcoin's Privacy Statement to understand how Abcoin collects and uses user personal data related to the use and performance of the Abcoin website and Abcoin services.
7.6. Sub account. Abcoin decides on its own whether you can create and access Abcoin sub accounts. Each natural person who opens an Abcoin sub account must comply with the identity authentication requirements stipulated in Article 7 of these terms. A natural person or legal entity can only open one Abcoin sub account.
8. Information Request
8.1. When will Abcoin request information from you. Abcoin may request information from you at any time to comply with any applicable laws, identity authentication requirements, or to detect money laundering, terrorist financing, fraud, or any other financial crime, or for any other justifiable reason. As long as such information is necessary to achieve its intended purpose, you agree to provide Abcoin with any such information requested by Abcoin and allow Abcoin to keep records of such information during the duration of your Abcoin account or other periods as required by applicable law.
8.2. What will happen after you provide the information. Your access to Abcoin account and transaction restrictions on your Abcoin service will continue to change based on the information collected from you. If there is reason to suspect that any information you provide is incorrect, untrue, outdated or incomplete, Abcoin may send you a notice requesting you to correct, delete the relevant information, or take other measures deemed necessary by Abcoin to ensure that the information you provide is true and correct.
8.3. If you fail to provide the information as requested. You must comply with any information requirements we send you. If you refuse to provide information as requested or fail to provide information in a timely manner, Abcoin reserves the right to immediately suspend or terminate your access to Abcoin account or all or part of Abcoin services without notice.
9. Access your Abcoin account
9.1. visit. To access your Abcoin account, you or a licensed user (where relevant) must have the necessary equipment (such as a computer or smartphone) and be able to access the Internet. You can directly access your Abcoin account through the platform or other access modes specified by Abcoin, including APIs. You can only access your Abcoin account using the access ID provided by Abcoin to you or licensed users for such purposes. Abcoin may require multiple authentication to ensure the security of your Abcoin account.
The use of the platform and other access methods must comply with the additional terms informed to you by Abcoin.
9.2. Restrict access to third parties. You must ensure that any Abcoin account registered in your name will not be used by anyone other than yourself, and if it is an Abcoin enterprise account, it will not be used by anyone other than the authorized users, except for those who use it under these terms.
10. Account information and transaction records
10.1. The history of your account. You can access your account history through the platform. You must carefully review your account history. If any unfamiliar or deemed incorrect records or transactions are found, they must be notified within 14 days from the date of obtaining account history records.
10.2. Error. Abcoin may correct any errors in your account history at any time and has the right to invalidate or revoke any transactions that exist or are based on obvious errors, or modify such transaction details to reflect correct or fair details in the absence of such obvious errors. Without prejudice to the generality of any other provisions under these terms and without fraud or malice, Abcoin shall not be liable for any direct, indirect, special or consequential losses (including but not limited to loss of profits, opportunity losses) or claims of any nature suffered or incurred by you as a result of any apparent error arising from any cause, even if you have informed Abcoin of the possibility of such occurrence or such circumstances could reasonably have been foreseen.
10.3. Information sharing. According to applicable legal requirements, Abcoin may need to share relevant information about your Abcoin account and account history with third parties. You acknowledge and agree that Abcoin has the right to disclose such information. For more information on how Abcoin handles your personal data, please refer to Abcoin's Privacy Statement.
Use your account
11. Instructions
11.1. Give instructions. You must ensure that any instructions submitted are complete and accurate. Abcoin does not need to verify the accuracy, authenticity, or validity of any instructions, and will not monitor or refuse to execute instructions due to their repetition or appearance of repetition. But if we have doubts about the accuracy, authenticity, or validity of the instruction, Abcoin may refuse to execute or postpone the execution of any instruction, or seek further information related to that instruction.
The instruction is irrevocable, and once submitted, you or the licensed user have no right to revoke or withdraw the instruction without Abcoin's written consent. Your instructions shall not be deemed received by Abcoin until they have been received by the Abcoin server. Abcoin's records of all instructions are final and binding on you.
11.2. Act according to your instructions. By submitting instructions, you or the authorized user authorizes Abcoin to initiate transactions on your Abcoin account. Abcoin therefore has the right to credit or debit (or provide settlement information to third parties for credit or debit) digital assets from your Abcoin account according to your instructions. If the digital assets or fiat currency in your Abcoin account are insufficient to complete the transaction (i.e. insufficient to settle the transaction and insufficient to pay all fees related to the transaction), Abcoin has the right to refuse to enter into any transaction. You are responsible for holding sufficient digital assets or fiat currency in your Abcoin account.
11.3. Command protection. You know that the instructions and information transmitted through the platform or e-mail are usually transmitted through the Internet, and the routing path may be a public transnational facility without special protection. Abcoin cannot guarantee the protection of transmission instructions and information from unauthorized access, and you accept the risks associated with this.
11.4. Withdrawal. Subject to compliance with these terms and all applicable product terms, if your Abcoin account has sufficient balance and does not hold any digital assets related to Abcoin services, you may instruct Abcoin to transfer the digital assets to an external wallet address by submitting a withdrawal request on the platform. After receiving your withdrawal request, Abcoin will: (i) deduct your Abcoin account balance; And (ii) initiate on chain transfers to the external wallet you specify. If Abcoin has reason to believe that the execution of the relevant withdrawal will violate applicable laws, Abcoin may not process the withdrawal request. Abcoin may also suspend withdrawals at times deemed appropriate by Abcoin to address any unforeseen events on the platform. After such incidents are resolved, Abcoin will resume withdrawals.
12. Trading
12.1. Carry out transactions. You can directly trade with Abcoin or other users, which may or may not be facilitated by Abcoin.
Abcoin does not represent or warrant that any transaction will be successfully completed or completed within a specific time frame.
12.2. Unauthorized transactions. You are responsible for controlling or using your Abcoin account on your own. Therefore, Abcoin assumes that any instructions issued from your Abcoin account are authorized by you or licensed users, unless Abcoin has been notified otherwise. You should monitor your Abcoin account history to detect any unauthorized or suspicious activity and notify us as soon as possible. Abcoin shall not be liable for any claims or losses arising from transactions conducted through the execution of unauthorized instructions, except where you have notified Abcoin in accordance with this clause.
12.3. Keep transaction information. To promote compliance with global industry standards regarding data retention, you agree to allow (but not require) us to retain records of all transaction information during the validity period of your Abcoin account or other periods as required by applicable laws, in accordance with the original intention of retaining transaction information. Please refer to Abcoin's Privacy Statement to understand how Abcoin collects and uses data related to the use and performance of the Abcoin website and Abcoin services.
13. Major interests and conflicts
13.1. Abcoin Group. Do you know that Abcoin Group is composed of several companies engaged in digital asset related businesses, and Abcoin is a member of this group.
13.2. The nature of Abcoin's responsibilities. You understand and agree that your relationship with Abcoin or any services provided by Abcoin to you, or any other matter, shall not result in any liability for Abcoin or any Abcoin affiliate, whether legal, equitable, or fiduciary, except as expressly provided in these terms. Especially Abcoin and any Abcoin alliance partner may act in multiple identities at any time, and Abcoin may charge fees or commissions to multiple users (including you) when acting in these identities. You agree that Abcoin shall act in such capacity and provide any other services of Abcoin, or conduct business with you, any Abcoin affiliate, or any other user, or conduct business for you, any Abcoin affiliate, or any other user.
13.3. Significant benefits. You understand and agree that neither Abcoin nor any Abcoin alliance partner shall be required to: (1) carefully consider any information of significant interest that Abcoin or any Abcoin alliance partner has obtained; (2) Disclose any such information to you; Or (3) use such information to serve your interests. You further acknowledge that Abcoin may receive general market information from time to time during the provision of Abcoin services to you and apply it to Abcoin's daily business.
13.4. Conflict of interest. Abcoin establishes and maintains effective organizational and administrative arrangements aimed at taking all appropriate measures to identify and manage conflicts of interest between Abcoin and Abcoin users, as well as related third parties, and prevent conflicts of interest from adversely affecting the interests of Abcoin users. If the organization and administrative arrangements are insufficient to prevent the risk of harming your interests, Abcoin will inform you of the nature and/or source of the relevant conflicts of interest, as well as the measures taken to reduce such risks, so that you can make an informed decision on whether to continue trading with us. Abcoin reserves the right to refuse to act in your interest when it is unable to manage conflicts of interest in any other way.
14. Trading restrictions
14.1. Your transaction restrictions. Your Abcoin account may be restricted in the following areas:
a. The transaction amount or quantity that your Abcoin account can conduct; And/or
b. You can transfer or withdraw the amount or value of fiat or digital assets from your Abcoin account,
Each of the above situations is limited to a given period of time (e.g. daily). All applicable restrictions will be displayed in your Abcoin account.
14.2. Change your trading restrictions. Abcoin reserves the right to change any transaction restrictions applicable to your Abcoin account at any time at Abcoin's absolute discretion. You can also request a change in the restrictions imposed on you. Any changes shall be at the sole discretion of Abcoin and subject to any further conditions deemed necessary by Abcoin.
15. Supported digital assets
15.1. Supported digital assets. The Abcoin service is only applicable to supported digital assets, which may change from time to time. Abcoin has published a list of supported digital assets on its official website. Abcoin may remove or suspend one or more digital assets from the list of supported digital assets, and will make reasonable commercial efforts to notify you in advance. This means that you will no longer be able to access such digital assets as part of the Abcoin service and can only withdraw them from your Abcoin account. If you fail to withdraw such unsupported digital assets within the specified period, Abcoin may, at its discretion, exchange them for another type of digital asset, namely stablecoins. Abcoin should notify you before conducting such exchanges, and you may withdraw such digital assets within a reasonable period of time specified by Abcoin before exchanging them for stablecoins.
As stated in this clause, Abcoin is not responsible for using your Abcoin account to purchase digital assets that we do not support, or for exchanging such unsupported digital assets for other types of digital assets.
15.2. Fork. When we decide whether to support a fork, we may temporarily suspend any Abcoin services related to specific digital assets. We have no obligation to support the fork of digital assets held in your Abcoin account, regardless of whether such digital assets will become dominant digital assets after the fork. If we choose to support the fork of digital assets, we will publish an announcement through the Abcoin official website or any other means we deem appropriate.
You are aware that we have no control or ability to influence the creation or implementation of forks. Abcoin cannot provide any guarantee regarding the security, functionality, or supply of any digital asset, including new dominant digital assets or other digital assets subject to related forks. You may not be able to trade forked digital assets through the platform and may lose any value related to the related digital assets.
15.3. Guarantee digital assets. Abcoin may occasionally support digital assets that claim to be secured by other assets or tied or linked to other assets in other ways, including digital assets, fiat currencies, or commodities such as gold and silver ("secured digital assets"). You agree that you have read, understood, and accepted all terms, conditions, and risks related to each specific secured digital asset before engaging in any transactions related to it. Abcoin is not obligated to purchase, repurchase, redeem, or facilitate the redemption of your secured digital assets. Abcoin reserves the right to modify, suspend, or discontinue any services related to any secured digital assets. Abcoin makes no representations regarding whether any specific secured digital asset will maintain its value to any asset, or the quantity or quality of any secured digital asset reserves or collateral held by each issuer or any third party.
16. Account Security
16.1. Your responsibility. You are responsible for taking appropriate measures to protect your hardware and data from viruses, malware, and any inappropriate materials. Unless otherwise required by applicable law, you are solely responsible for backing up and maintaining copies of any information stored or transmitted through the Abcoin service. Abcoin shall not be liable for any claims or losses suffered by you as a result of your failure to comply with these terms and conditions.
16.2. Safety measures. You and any licensed users should always ensure that all your access IDs are fully secure and under control. You are responsible for taking necessary security measures (or ensuring that your licensed users take such measures) to protect your Abcoin account and ensure the security of your access ID, including:
a. Strictly adhere to all mechanisms or processes of Abcoin;
b. Create a high-strength password to ensure the security of your access ID;
c. Ensure that the email and phone numbers provided to Abcoin are up-to-date in order to receive any notifications or warnings that Abcoin may send to you;
d. Do not allow others to remotely access or share your computer and/or computer screen with others when logging into your Abcoin account;
e. Please remember: Abcoin will never ask you to share your password or two factor authentication code under any circumstances; also
f. Please exit the website or platform at the end of each visit.
You must ensure the security of your email account and access ID to prevent any attacks and unauthorized access. If you become aware or have reason to suspect that the security of your email or the email of a licensed user is threatened, or that your or any licensed user's email is being illegally used, you must immediately notify us.
16.3. Monitor account history. You should monitor your Abcoin account history to detect any unauthorized or suspicious activity and notify us as soon as possible. You are aware that any security vulnerability may result in unauthorized access to your Abcoin account by third parties, leading to the loss or theft of any digital assets and/or funds in your Abcoin account and any associated accounts (including your associated bank accounts and credit cards).
16.4. If you suspect a security vulnerability, you must ensure that:
a. Notify us immediately through the contact information provided in Article 3.1 and continue to provide us with accurate and up-to-date information throughout the duration of the security vulnerability;
b. Immediately lock your Abcoin account by disabling the account function on the platform or any other method specified by Abcoin from time to time; and
c. Take any other steps that Abcoin may reasonably require to reduce, manage, or report any security vulnerabilities.
Abcoin reserves the right to request any and all information and documents that Abcoin deems relevant or necessary to actual or suspected security vulnerabilities, and you agree to provide such information and documents, and Abcoin has the right to provide such information to any third party in order to address any security vulnerabilities.
Other important information
17. Privacy
17.1. Privacy Statement. The collection and use of personal data related to these terms, Abcoin services, platform, and any website are detailed in the Privacy Statement (updated from time to time). You are aware that Abcoin will process personal data related to you, the personal data you provide to Abcoin, or the personal data collected from you by Abcoin under these terms in accordance with the Privacy Statement. Your personal data will be processed in accordance with the Privacy Statement, which forms a part of these terms.
You represent and warrant that:
a. You acknowledge that you have read and understood the Privacy Statement.
b. Abcoin's business often undergoes changes, and the Privacy Statement will also be updated accordingly. Therefore, after Abcoin occasionally provides you with alternative versions of the Privacy Statement, you should immediately read their alternative versions.
18. Clause changes, etc
18.1. How and when Abcoin will make changes. Abcoin may make changes to these terms and any terms and conditions incorporated by reference (including any Product Terms) at any time, and by accepting these terms, you expressly agree to such changes. Abcoin will inform you of any changes made via email or Abcoin's official website.
We will notify you in advance of most changes and inform you before the changes take effect. But we may occasionally need to make changes without prior notice to you. This situation may include:
a. Changes made in accordance with legal and/or regulatory changes;
b. Change in line with your interests;
c. The change aims to provide you with a clearer understanding of these terms; And/or
d. Due to other reasonable reasons, we were unable to notify you in time.
For situations where we are unable to notify you in advance, we will notify you as soon as the changes are completed.
18.2. When will the change take effect. Unless the changes take immediate effect, the updated terms will take effect after we notify you. If you do not accept such changes, you may close your Abcoin account in accordance with the provisions of Article 19.1 of these terms. If we do not receive your feedback, we consider that you have accepted the changes, and your continued access or use of Abcoin services will be deemed as your acceptance of the updated terms.
18.3. Change in handling fees. Abcoin can also make changes to the fees listed on the official website's "Fee Ladder Structure" page, including adding new fees and/or charges. If you do not accept such changes, you may close your Abcoin account in accordance with the provisions of Article 19.1 of these terms. If we do not receive your feedback, we will consider you to have accepted the changes, and your continued access or use of Abcoin services will be deemed as your acceptance of the updated terms.
19. Close your Abcoin account
19.1. You have the right to close your Abcoin account. You can terminate your Abcoin account at any time according to the account termination procedures specified by Abcoin from time to time. Closing an Abcoin account incurs no fees, but all outstanding debts to Abcoin must be paid. You authorize Abcoin to cancel or suspend any pending transactions and deduct any outstanding Abcoin payments from your Abcoin account upon your account closure.
In some cases, you may not be able to close your Abcoin account, including:
a. Attempting to evade investigation by relevant authorities;
b. Pending transactions or claims;
c. Abcoin account has outstanding payments for Abcoin; perhaps
d. The Abcoin account has been frozen, detained, restricted, or retained.
19.2. What will happen after you close your Abcoin account. If you close your Abcoin account, you must withdraw all digital assets from your Abcoin account. If you have not withdrawn your digital assets or have not accessed your Abcoin account for 90 consecutive days, Abcoin will notify you that your account will be considered dormant.
19.3. What will happen to your account after it goes dormant. If you do not respond to the notice issued under Article 19.2 within 30 days, Abcoin may:
a. Mark your Abcoin account as dormant;
b. Exchange this digital asset for other digital assets. Abcoin shall not be liable for any loss of profits, tax obligations, or other losses, damages, or expenses suffered by you as a result of such changes;
c. Transfer such dormant accounts and/or any digital assets held in such accounts to any third party (including but not limited to other Abcoin Alliance partners, any third-party custodians, or independent wallets) as deemed reasonable and necessary by Abcoin. After such transfer, you have the right to reclaim the digital assets, provided that you meet the reasonable authentication requirements of Abcoin (or relevant third parties) and any other terms and conditions of use;
d. Adjust your dormant account so that you will receive contract claims regarding the quantity and type of digital assets stored in your Abcoin account before being exchanged to the dormant account;
e. Collect fees for dormant accounts, which can be used to pay for the cost of maintaining digital assets for any Abcoin Alliance partner or any third party, and are directly deducted from the dormant account on a monthly basis; as well as
f. Close dormant accounts at any time.
After the dormant account is closed, it cannot be reactivated. If you wish to continue using the Abcoin service, you must register a new Abcoin account in accordance with these terms. You acknowledge that Abcoin is not obligated to pay any remuneration, rewards, or interest related to the assets credited to your dormant account that were originally agreed to be paid under the applicable Product Terms.
20. Termination, Suspension, Suspension, and Restriction
20.1. Abcoin's rights. Abcoin may temporarily or permanently modify or stop any part or function of the Abcoin service at any time. Especially, Abcoin can: (1) refuse to complete or block, cancel, or, where permitted by applicable law, refuse to revoke any transaction authorized by you; (2) Terminate, suspend or restrict your access to any or all Abcoin services; (3) Terminate, suspend, close, put on hold or restrict your access to any or all Abcoin accounts; (4) Refusing to transmit information or instructions to third parties (including but not limited to third-party wallet operators); And/or (5) take any action deemed necessary by Abcoin. Effective immediately in each case and for any reason, including but not limited to:
a. You are not eligible or no longer qualified to use one or more Abcoin services;
b. Abcoin has reason to suspect:
i. Logging into your Abcoin account is not done by yourself, or Abcoin suspects that your Abcoin account has been or will be used for any illegal, fraudulent, or unauthorized purposes;
Ii. Logging into your Abcoin account is not a licensed user, or Abcoin suspects that your Abcoin enterprise account has been or will be used for any illegal, fraudulent, or unauthorized purposes;
Iii. Multiple natural persons access and/or use the same Abcoin account for transactions, or Abcoin suspects that the Abcoin account has been or will be used for any illegal, fraudulent, or unauthorized purposes;
Iv. The information you provided is incorrect, untrue, outdated or incomplete;
c. Abcoin has reasonable concerns about your reputation or financial condition, including:
i. If you are an individual user and you are bankrupt, mentally ill, have applied for bankruptcy, or have initiated a lawsuit against you for bankruptcy;
Ii. If you are a partnership and any of your partners dies or becomes bankrupt or mentally ill, applies for bankruptcy, has initiated a lawsuit against any partner for bankruptcy, or has filed a lawsuit for dissolution and/or change of partners or partnership articles of association;
Iii. If you are a company and the company is unable to repay its due debts, or has initiated a lawsuit against the company for insolvency, accepting judicial management, bankruptcy under management, administrative management, or any similar or similar procedure;
Iv. You convene a creditors' meeting, or propose or actually reach any compromise or arrangement with creditors or make any transfer for the benefit of creditors;
d. Not yet submitted information and documents in accordance with the requirements of Article 8;
e. Has not yet submitted the enhanced due diligence as required by Article 7.4;
f. Abcoin has reason to believe that we are required to do so by applicable law or any court or authority in any jurisdiction where Abcoin is located;
g. Abcoin has confirmed or suspected:
i. You have violated these terms or any of the Product Terms;
Ii. You have violated any express or implied warranties or statements made by you in these terms;
Iii. Any unauthorized, erroneous, fraudulent or illegal transaction, or Abcoin has determined or suspected that you are using Abcoin account or Abcoin service in a fraudulent, unauthorized or illegal manner;
Iv. Your Abcoin account or your use of Abcoin services is involved in money laundering, terrorist financing, fraud, or any other criminal activities;
h. Your use of your Abcoin account is subject to any pending, ongoing, or potential litigation, investigation, or judicial, government, or regulatory process, and/or Abcoin believes that your Abcoin account activities pose a high risk of legal or regulatory violations;
i. The amount you owe Abcoin has not been fully paid, whether due to refunds or any other reasons;
j. Any email sent to your email address has been returned due to undeliverability;
k. There was a problem verifying your identity;
l. You have taken any action to circumvent our control, such as opening multiple Abcoin accounts without Abcoin's written consent, or abusing the promotional activities provided by Abcoin from time to time; perhaps
m. We have other reasonable reasons to do so.
Abcoin will take reasonable measures to provide you with appropriate notice. But sometimes, according to applicable legal requirements, we cannot provide appropriate notice.
20.2. The acknowledgement you made. You acknowledge and agree that:
a. The examples of actions taken by Abcoin to terminate, suspend, close, or restrict your access to your Abcoin account and/or Abcoin services as described in Article 20.1 above are not exhaustive; And
b. Abcoin's decision to take certain actions, including but not limited to terminating, suspending, or restricting your access to Abcoin accounts or Abcoin services, may be based on confidentiality standards that are crucial to Abcoin's risk management and security protocols. You agree that Abcoin is not obligated to disclose details of Abcoin's risk management and security procedures to you.
20.3. What will happen after Abcoin exercises its rights. If Abcoin terminates, suspends, suspends, or restricts your access to one or more Abcoin services:
a. If you have instructions, trades, positions or open trades, they may be closed by you or us, depending on whether we take termination, suspension, stay, restriction or other action;
b. Refunds for any use of Abcoin account or Abcoin service may result in immediate suspension and/or restriction of your Abcoin account and Abcoin service;
c. To reactivate a suspended and/or restricted Abcoin account or Abcoin service, you will need to refund us the full amount owed, including any applicable fees; also
d. If a refund is required, you will be responsible for any incoming amount and you authorize us to deduct costs and expenses directly from any assets in your Abcoin account without further notice.
20.4. Illegal possession. If Abcoin is informed and has reason to believe that any digital assets or legal tender held in your Abcoin account have been stolen or are not legally owned by you (whether due to error or other reasons), Abcoin may (but is not obligated to) freeze the affected funds and your Abcoin account. If Abcoin withholds some or all of the digital assets or fiat currency in your Abcoin account, or your entire Abcoin account, until we can provide acceptable evidence that you have the right to own the digital assets and/or fiat currency in your Abcoin account. Abcoin will not intervene in the resolution of any disputes or controversies related to any digital assets and/or fiat currencies in your Abcoin account.
20.5. Accessing Abcoin services in other jurisdictions. Residents of certain countries may only have access to some but not all Abcoin services. Abcoin may change the Abcoin services provided to you from time to time. If you go to the countries/regions listed in Abcoin's "Prohibited Countries/Regions List", you will not be able to use Abcoin services or may be blocked by Abcoin services. You are aware that this will affect your ability to trade on the platform, and/or monitor any existing orders or open positions, or otherwise use Abcoin services. You must not attempt to circumvent any such restrictions in any way, including modifying your Internet protocol address by using any virtual private network.
intellectual property right
21. Background Intellectual Property
Abcoin's intellectual property rights always belong to Abcoin.
22. License of Abcoin Intellectual Property
Abcoin grants you a non exclusive license to use Abcoin intellectual property (excluding trademarks) in accordance with these terms only to the extent necessary to accept Abcoin services for non-commercial personal or internal business purposes during the term of these terms or until we suspend or terminate your right to access Abcoin services, whichever is earlier.
23. License of User Intellectual Property
23.1 You grant permission. You grant Abcoin a perpetual, irrevocable, royalty free, global, and non exclusive license to use user intellectual property, limited to:
a. Is a part of any created intellectual property or is necessary for the use of any created intellectual property; also
b. It is necessary for Abcoin to provide Abcoin services to you from time to time.
23.2 Abcoin sub license rights. The license granted by you under these terms includes any sub licenses made by Abcoin and any Abcoin Alliance partners to third parties in order to provide you with Abcoin services or any part thereof.
24. Created intellectual property rights
24.1 Created intellectual property rights. The created intellectual property rights shall automatically belong to Abcoin from the date of creation.
24.2 Transfer. You hereby transfer (and agree to cause any agent, representative, or contractor to transfer) ownership of all current and future rights and interests in the created intellectual property to Abcoin and provide complete ownership security.
If you are required to do so, you shall (and agree to cause any agent, representative or contractor) sign and/or execute all documents and take all actions that Abcoin may require to complete the assignment under these terms without charge.
25. General rules
25.1 Abcoin is not responsible. You agree and acknowledge that: (1) Abcoin is not responsible for any user information that the platform or website may provide (whether provided by you or a third party); And (2) the risk of using any such user information is borne by yourself, and Abcoin does not provide any related guarantees.
25.2 Abcoin's Rights. Abcoin reserves the right to delete, modify, or reject any content (including any user information) submitted, posted, or displayed by you on the platform or website at its sole discretion for any reason. Abcoin reserves the right to take any action we deem appropriate at our discretion, including issuing a written warning to you, deleting any user data, demanding damages or other monetary compensation from you, suspending or terminating your Abcoin account (if any), or suspending your access to the platform and/or website. Abcoin also reserves the right to restrict or prohibit your future use of any and all Abcoin services.
25.3 Record. You agree that Abcoin may record any communication between us regarding these terms, whether through electronic communication, telephone communication, video call, or other means, and any records retained by Abcoin will constitute evidence of communication between you and us. You agree that Abcoin may record telephone and video calls for us to respond to inquiries, ensure compliance with applicable laws, improve Abcoin services, and provide support to customers.
Your obligations and responsibilities
26. Prohibition of use
Without prejudice to any other constraints or limitations of these terms, your agreement to open an Abcoin account indicates that neither you nor any licensed user will:
a. Violation of these terms or any agreement signed under or related to these terms (including but not limited to any Product Terms);
b. Using Abcoin services in a manner that violates public interest, public morality, or the legitimate interests of others, including any behavior that interferes, damages, has a negative impact, or prevents other users from using Abcoin services;
c. Using Abcoin services for resale or commercial purposes, including transactions on behalf of other persons or entities, except where Abcoin expressly agrees in writing;
d. Using Abcoin services to engage in any behavior (market manipulation) that Abcoin deems to be aimed at controlling or artificially influencing the price of any digital asset, regardless of whether it is prohibited by applicable laws, including but not limited to high selling scams, brushing orders, self closing, preemptive trading, blocking orders, and fraud or layering;
e. Participate in fraudulent activities or cause Abcoin to suspect that you or any licensed user are involved in fraudulent activities and/or transactions;
f. Using Abcoin services for lottery, bidding fee bidding, sports event prediction or odds calculation, providing cash rewards for fantasy sports leagues, online games, competitions, winner takes all, or luck games;
g. (1) During the claim period, accepting or attempting to accept funds provided by Abcoin and another user for the same transaction; (2) To conduct business or use Abcoin services in a manner that results in or may result in complaints, disputes, claims, cancellations, refunds, fees, fines, penalties, or other liabilities for Abcoin, other users, third parties, or yourself; (3) Allow your Abcoin account to own digital assets with negative value or quantity;
h. Providing false, inaccurate, or misleading information to Abcoin regarding the use of Abcoin services or other aspects related to these terms in communication with Abcoin;
i. (1) Use any deep links, web crawlers, robots, spider programs, or other automated devices, programs, scripts, algorithms, or methods, or any similar or equivalent manual processes, to access, obtain, copy, or monitor any part of the platform, or in any way copy or bypass the navigation structure or statements of the Abcoin service, in order to obtain or attempt to obtain any materials, files, or information through any means other than those specifically provided by the Abcoin service; (2) Attempting to access any part or function of the platform without authorization through hacking, password cracking, or any other illegal or prohibited means, or connecting to any Abcoin service or any Abcoin server, or any other system or network provided through the Abcoin service provided by the platform; (3) Detecting, scanning, or testing vulnerabilities in the Abcoin service or any network connected to the platform, or violating any security or authentication measures of the Abcoin service or any network connected to the Abcoin service; (4) Reverse search, track, or attempt to track any information of any other user or visitor of the Abcoin service; (5) Take any measures that impose unreasonable or disproportionate loads on the Abcoin service or Abcoin's system or network infrastructure, or any system or network infrastructure connected to the Abcoin service; (6) Using any device, software, or routine to interfere with the normal operation of the Abcoin service, or any transactions of the Abcoin service, or any other person's use of the Abcoin service; Or (7) forging titles, counterfeiting, or manipulating identity authentication in any other way, disguising your identity or the source of any messages or transmissions sent to us;
j. Modify or adapt the entire platform or any part of the platform, or merge or incorporate the platform into another program or application;
k. Disassemble, decompile, reverse engineer, or otherwise attempt to export the source code, object code, basic concepts, ideas, and algorithms of the platform or its components;
l. Modify, copy, duplicate, download, store, further transmit, disseminate, transfer, decompose, broadcast, publish, delete or alter any copyright statement or label, or license, sublicense, sell, mirror, design, rent, lease any part of such Abcoin intellectual property or intellectual property, privately label them, grant security interests, or create derivative works or otherwise exploit any part of Abcoin intellectual property;
m. Provide convenience for any viruses, Trojan horses, worms, or other computer programming routines that may damage, interfere with, secretly intercept, or misappropriate any systems, data, or information related to Abcoin services;
n. (1) Use anonymous proxy; (2) When opening an Abcoin account and/or using Abcoin services, use any temporary, one-time, self destruct, or similar email address; (3) Using any device, software, or routine to bypass Abcoin's automatic exclusion of titles, or to interfere or attempt to interfere with Abcoin's website or services; And (4) take any action that may cause Abcoin to lose any service provided by the Internet service provider or other suppliers;
o. Without the prior written consent of Abcoin, establish or claim to establish any guarantee for any fiat or digital assets held in your Abcoin account;
p. Violating or attempting to violate (1) any applicable law; Or (2) Abcoin or any third-party copyright, patent, trademark, trade secret or other intellectual property, or right to publicity or privacy; And/or
q. (1) Directly or indirectly accessing, using, or attempting to access or use Abcoin services in jurisdictions deemed high-risk by Abcoin, including but not limited to Cuba, Iran, North Korea, and Syria; Or (2) directly or indirectly accessing, using, or attempting to access or use Abcoin services, including but not limited to individuals or entities listed as restricted individuals or groups on any list maintained by the United States Office of Foreign Assets Control, the European Union, or the United Nations (including sanctions lists maintained by the US Office of Foreign Assets Control, or denial of access lists or entity lists maintained by the US Department of Commerce).
27. Representations and warranties
You hereby represent and warrant to Abcoin that you will always ensure:
a. All documents and information you provide to Abcoin are true, accurate, complete, and up-to-date in all respects, and Abcoin can use them as a basis to determine whether you are eligible to access the platform or use Abcoin services;
b. All decisions related to this clause are entirely based on your own judgment, which is made after independent evaluation of your own economic sources, abilities, willingness to bear related risks, and achieve financial goals;
c. You have full power, authority, and capability to (1) access and use the platform and/or Abcoin services; (2) Sign, deliver, and fulfill your obligations under these terms and any agreements signed or related to these terms, including but not limited to any Product Terms;
d. If you are a partner of a company, partnership, or trustee of a trust:
i. The company, partnership, or trust has been and will continue to operate in accordance with applicable laws and any partnership or trust agreement (or similar document) in the past and future;
Ii. If any director, partner, trustee, custodian, ultimate beneficiary or any person authorized to operate your Abcoin account changes due to resignation, removal, appointment or death, you will immediately notify us; also
Iii. If the company, partnership, or trust is voluntarily or involuntarily dissolved, you will immediately notify us;
e. You have unconditionally obtained and disclosed in writing to Abcoin that you (1) access and use the platform and/or Abcoin services; And (2) all third-party consents, licenses, authorizations, approvals, and agreements required for the signing, delivery, and performance of transactions contemplated under these terms and any agreements entered into pursuant to or related to these terms, as well as all authorizations, approvals, licenses, consents, registrations, declarations, filings from any regulatory agency, government department, commission, institution, or other organization with jurisdiction over you, without revocation or modification;
f. This clause and any agreement signed under or as a result of this clause constitute valid and legally binding obligations, and may be enforced against you in accordance with the provisions of their respective clauses;
g. You are not a restricted person;
h. If you are a legal entity, you are officially registered, established, and validly existing in your jurisdiction, and have all the rights to handle affairs. If you are an individual, you are not less than 18 years old; also
i. Your access to and use of the platform and/or Abcoin services, execution, trading, and performance of obligations under these terms, as well as any agreements signed under or as a result of these terms, shall not:
i. Causing a violation or conflict with any provision of your articles of association, company bylaws, partnership agreement, trust deed, or equivalent organizational document (if you are a legal entity, partner of a partnership, or trustee of a trust);
Ii. Causing a violation or constituting a violation of any instrument, agreement, document or commitment to which you are a party or by which you or any of your property is bound or restricted; also
Iii. Causing you or causing us or any third party to violate any applicable laws, regulations, or judgments of any court, or any arbitration award, or any government or regulatory agency award in any jurisdiction.
28. Technical Disclaimer
28.1. No representations or warranties are made. The Abcoin services and any information provided by the website and platform, including chat services, are provided in an "as is" and "as available" manner, without any express or implied representations or warranties to the maximum extent permitted by applicable law. Specifically, Abcoin denies any implied warranties of ownership, merchantability, fitness for a particular purpose, and/or non infringement. Abcoin does not represent or warrant that access to the website, platform, any of your Abcoin accounts, Abcoin services, or any materials contained therein is continuous, uninterrupted, timely, or error free. This may result in the inability to conduct transactions on the platform for a period of time and may also cause delays.
28.2. Pause access. Abcoin may temporarily suspend access to Abcoin accounts and/or Abcoin services for regular and emergency maintenance. Abcoin will make reasonable efforts to ensure timely processing of transactions on the platform, but makes no representations or warranties regarding the time required to complete the processing, which depends on many factors beyond our control.
28.3. Content. Although we make reasonable efforts to update the information on our website and platform, we do not make any express or implied representations, warranties, or guarantees that its content, including information related to Abcoin services, is accurate, complete, or up-to-date.
28.4. Third party websites. Providing links to third-party websites (including but not limited to content, materials, and/or information on third-party websites) is intended for convenience, but they are not under our control. You acknowledge and agree that Abcoin is not responsible for any aspect of the content, materials, information, or services contained on any third-party website that can be accessed or linked from the platform or website.
28.5. Network access and compatibility: You are responsible for obtaining the necessary data network access permissions to use Abcoin services. You are responsible for obtaining and updating compatible hardware or devices required to access and use Abcoin services, websites, and any updates. Abcoin does not guarantee that the Abcoin service or any part thereof can run on any specific hardware or device. Abcoin services may be affected by failures and delays inherent in the Internet and electronic communications.
29. Compensation
29.1. Third party claims. You shall indemnify Abcoin and hold Abcoin harmless from any claims, lawsuits, actions, demands, disputes, allegations or investigations brought by any third party, government agency or industry body, and from all claims, liabilities, damages (actual and indirect), losses (including any direct, indirect or consequential losses, loss of profits, loss of reputation), costs and expenses arising out of or in any way related to the following actions, including but not limited to all interest, fines, legal and other reasonable attorney fees and other professional costs and expenses ("Losses"):
a. You access or use Abcoin accounts and/or Abcoin services;
b. You have violated or are suspected of violating these terms, or you have violated any other terms or sub terms of these terms, including any Product Terms and any other terms and conditions incorporated by reference;
c. You have violated any applicable laws; as well as
d. You have infringed upon the rights of any third party.
29.2. Control. Abcoin reserves the right to control the defense of any third-party claims that require compensation from you, and in such cases, you should fully cooperate with our requirements when asserting any defense. Without Abcoin's prior written consent, you may not settle any claims or losses.
29.3. Disclaimer. You hereby agree to release Abcoin from any and all claims and demands arising directly or indirectly from any disputes between you and any other user or third party arising out of or related to the Abcoin services (including any digital asset transactions) or the subject matter of these terms (and waive any rights you may have against Abcoin in respect of any losses you may suffer or incur).
30. Compensation liability
30.1 Abcoin's liability for compensation. The liability of Abcoin and Abcoin Alliance partners for compensation to you or any third party under any circumstances shall be limited to the actual and foreseeable loss or damage directly caused by Abcoin's violation of these terms, and shall not exceed the fees paid by you to Abcoin within 12 months prior to the event causing the loss. The compensation amount will be fully paid by Abcoin to you as the final settlement amount, and will fully reimburse Abcoin and any Abcoin alliance partners for any and all losses and claims arising from any breach of contract for any reason. You acknowledge and agree that neither Abcoin nor any Abcoin Alliance partner is aware of any special circumstances of yours, and that damages are a sufficient remedy, and you have no right to obtain any other claims or remedies under law or equity, including but not limited to any property claims, injunctions, and/or enforcement.
30.2 Limitation of Liability. Despite any other provisions in these terms, Abcoin or any Abcoin affiliate shall not be liable to you or any other person or entity under any circumstances for:
a. Any direct or indirect losses (including loss of profits, business or opportunities), damages or costs arising from or related to this clause, including but not limited to:
i. Any risks identified in the Risk Warning (updated from time to time);
Ii. The operation, functionality, security, or availability of any digital asset underlying protocol;
Iii. Ensure the preservation of the value of the guaranteed digital assets, or ensure that each issuer of the guaranteed digital assets holds sufficient reserves for any guaranteed digital assets;
Iv. Any act or omission made in accordance with this clause;
v. Any inaccuracies, defects, or omissions in digital asset price data, any errors or delays in the transmission of such data, and any interruptions in such data;
Vi. Abcoin's regular or irregular maintenance, including any service interruptions and changes resulting from such maintenance;
Vii. Devices that support accessing and using Abcoin services have been stolen;
VIII. Any damages caused by other users' actions, inactions, or violations of these terms, as well as any other third-party actions;
Ix. (1) Any damage or interruption caused by computer viruses, spyware, or other malicious software that may affect your computer or other devices, or any phishing, spoofing, or other attacks; (2) Your hardware malfunctions, is damaged or destroyed, or any records or data stored on your hardware are damaged or lost for any reason; Or (3) you use the Internet to connect to the Abcoin service, or any technical problem, system failure, failure, communication line failure, high Internet traffic or demand, related problems, security vulnerabilities or any similar technical problem or defect you encounter;
x. Abcoin has decided to reject your application to open an Abcoin account in accordance with Article 7.1;
Xi. Any termination, suspension, suspension or restriction of any Abcoin account or Abcoin service, including the inability to withdraw digital assets, issue instructions or conduct transactions in accordance with these terms or any Product Terms during any suspension, suspension or restriction period;
Xii. Any transaction restrictions imposed on your Abcoin account in accordance with Article 14.1;
Xiii. Abcoin makes any choice to support or not support digital assets in accordance with Article 15.1;
Xiv. Abcoin is unable to contact you through the contact information provided by you under section 3.2;
Xv. Abcoin closes dormant accounts in accordance with Article 19.3;
Xvi. Failure to complete the transaction in accordance with Article 12.1 or failure to meet any of its completion deadlines;
Xvii. Market making activities conducted by market makers in accordance with Article 13.2;
Xvii. Abcoin based on any instructions sent from your Abcoin account or email;
Xix. Abcoin refuses to execute any instruction or delays in executing any instruction in accordance with Article 11.1;
Xx. Any security violations or vulnerabilities in your email address;
Xxi. It only involves third-party fraud or scams that use Abcoin as the recipient of your fiat currency or digital assets, or exchange fiat currency for digital assets at your request, or transfer digital assets out of the Abcoin platform, resulting in losses to you;
Xxii. Any losses arising from or related to the issuance of new digital assets, initial coin offerings (ICOs), or decisions to list or not list digital assets on the platform;
Xxiii. The correctness, quality, accuracy, security, integrity, reliability, performance, timeliness, price or continued availability of Abcoin services, or any delay or negligence of Abcoin services, or any connection or communication service failure that provides or maintains your access to Abcoin services, or any interruption or damage to your access, or any communication error between us for any reason, and
Xxiv. Any transactions, instructions, or operations conducted or claimed to be conducted through your email or Abcoin account;
b. Any business, profit, expected savings, or opportunity loss, or any special, punitive, aggravated, incidental, indirect, or consequential loss or damage, whether arising from or related to the Abcoin website, platform, your Abcoin account, Abcoin services, these Terms, Product Terms, Privacy Statement, and/or any agreement entered into under these Terms or otherwise; And/or
c. Any loss that constitutes a part of the claim and has not been resolved through formal legal proceedings within one calendar year after the event giving rise to the claim. You agree and acknowledge that this clause may make changes to any statute of limitations required by law, and if applicable law prohibits such changes, this clause may be understood as a limitation period for the shortest enforceable period. Without prejudice to the generality of the above, please note Article 32: Claims can only be resolved through binding arbitration.
30.3 Damage or interruption. Abcoin is not responsible for any damage or interruption caused by computer viruses, spyware, malware, Trojan horses, worms, or other malicious software that may affect your computer or other devices, or for any phishing, spoofing, or other attacks. Abcoin recommends regularly using reputable and readily available virus screening and prevention software to kill viruses. You should also be aware that SMS and email services are vulnerable to scams and phishing attacks, and you must remain vigilant when viewing information claiming to come from Abcoin. You and licensed users (where applicable) are responsible for the security of all login credentials (including usernames and passwords) and should always securely store detailed information related to account security.
Dispute Resolution: Abandoning Court, Arbitration, Class Action Litigation
For the avoidance of doubt, nothing in this section shall deprive you of any legal rights under applicable law.
31. Notice of Claim and Dispute Resolution Period
31.1. If you have any questions about the service, please contact Abcoin first for resolution. If possible, Abcoin hopes to address your concerns without resorting to formal legal procedures. If the initial resolution of your concerns does not meet your satisfaction, Abcoin will send you a ticket. After the work order is issued, the internal dispute resolution process will be automatically initiated. Abcoin will attempt to resolve the dispute internally as soon as possible. Both parties agree to sincerely negotiate and resolve the dispute (discussions conducted to resolve the dispute shall be kept confidential and subject to the relevant provisions that settlement discussions may not serve as evidence in any legal proceedings).
31.2. If the dispute cannot be resolved to your satisfaction and you wish to make a claim against Abcoin, you agree to state in writing the basis of such claim in the "Claim Notice" and provide it as prior notice to Abcoin. The claim notice must (1) specify the nature and basis of the claim or dispute; (2) Explain the specific relief sought; (3) Provide the original tracking number; And (4) including the email address of your custodial account. After you submit a claim notice to Abcoin, the disputes mentioned therein can be submitted to arbitration by either Abcoin or you in accordance with the following terms (arbitration agreement).
31.3. For the avoidance of doubt, submitting the dispute to Abcoin for internal resolution and sending a claim notice to Abcoin are prerequisites for initiating arbitration proceedings (or any other legal proceedings).
31.4. During the arbitration period, no settlement amount proposed by you or Abcoin shall be disclosed to the arbitrator.
32. Arbitration Agreement
32.1. Unless otherwise provided by applicable law or provided with other options, you and Abcoin agree that, subject to compliance with the above terms (notice of claim and dispute resolution period), any claim shall be subject to binding and final individual (rather than collective) arbitration by the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the then effective HKIAC rules, which are incorporated by reference into the provisions of these rules.
32.2. The place of arbitration shall be in Singapore.
32.3. The arbitral tribunal shall consist of one (1) arbitrator appointed in accordance with the then effective rules of the Hong Kong International Arbitration Centre.
32.4. The language of arbitration shall be English.
32.5. You and Abcoin further agree that the arbitrator shall have the exclusive power to make an award in their own jurisdiction, including but not limited to the exclusive power to make an award on the existence, scope or validity of the arbitration agreement or on any objection to the arbitrability of any claim.
32.6. The arbitration clause stipulated in this clause shall remain in effect after the termination of this clause.
32.7. The statute of limitations for the application: Any arbitration directed towards Abcoin must commence within one (1) year after the date on which the user making the claim first discovered or should have discovered the alleged conduct, negligence or breach giving rise to the claim (the "statute of limitations"), by submitting and serving a notice of arbitration in accordance with the rules of the Hong Kong International Arbitration Centre. For the avoidance of doubt, the limitation period shall include the dispute resolution period specified in Article 31.1. If the user fails to submit and deliver any arbitration notice for any claim to Abcoin within the time limit, the user shall not be entitled to any remedy or relief for the relevant claim. If the statute of limitations conflicts with applicable laws, users must file any claims against Abcoin within the shortest time allowed by applicable laws. The Notice of Arbitration may be delivered to Abcoin in accordance with applicable laws and service rules.
32.8. Note: If Abcoin initiates arbitration against you, Abcoin will send a notification to the email or mailing address you provide. You agree that any notice sent to this email or mailing address may be valid for any purpose, including but not limited to determining the adequacy of the service. You have an obligation to ensure that the email and/or mailing address archived by Abcoin is the latest and accurate address.
33. Confidentiality
33.1. Both parties agree that arbitration shall be kept confidential. The existence of arbitration, the fact or content of claims, all documents and information provided or exchanged in connection with arbitration, submissions made during the arbitration process, any orders issued or awards made shall be kept confidential, and neither party shall disclose any of the above information to any third party except for the arbitral tribunal, the Hong Kong International Arbitration Centre, the parties, their lawyers, experts, witnesses, accountants and auditors, insurance companies and reinsurance companies, and any other personnel required for arbitration. Despite the above provisions, either party may still disclose the following confidential information:
a. If written consent has been obtained from the other party;
b. Within the scope required by applicable laws or regulations of any regulatory or supervisory authority with jurisdiction by which the party is or may be bound, or pursuant to any order of a court or other competent authority or court with jurisdiction;
c. Related to the initiation, conduct, or defense of any good faith legal proceedings by one party to enforce or challenge any award made in arbitration; as well as
d. The portion of confidential information that enters the public domain not due to a violation of this agreement.
The confidentiality clause in this clause shall remain in effect after the termination of this clause and the conclusion or suspension of any arbitration initiated under this clause.
34. Governing Law
Unless otherwise provided by applicable laws or offered other options, this clause (including this arbitration agreement) shall be governed by and interpreted in accordance with Hong Kong law.
35. Abandoning class action litigation
Both you and Abcoin agree that any claim shall be submitted to Abcoin for arbitration in your personal capacity, rather than as a claimed class action or representative plaintiff or class member. Within the scope permitted by applicable law, you further agree to waive any right to initiate, hear, or arbitrate such claims through joint action, class action, representative action, or private attorney general action. Without Abcoin's consent, individual arbitrations may not be merged or consolidated into one arbitration.
general rule
36. General Terms and Conditions
36.1. Applicable laws. You and any licensed user using the Abcoin service, your Abcoin account, and platform must comply with all applicable laws, licensing requirements, and third-party rights (including data privacy laws and anti money laundering and counter-terrorism financing laws).
36.2. Notification. Abcoin can send notifications to your email account via email. You should ensure to provide the latest and accurate email account on your own. If a notification is sent through an email account, regardless of whether you receive a notification of sending failure, it will be deemed that the notification has been sent and received.
You can only send notifications to Abcoin according to its instructions, which may change from time to time.
Any notice, consent or other communication issued under this clause must be in writing in English and signed or otherwise authorized by the issuing party.
36.3. Notice. All official announcements, news, promotions, competitions, and airdrops will be posted on the official website. These announcements are important and may be related to concerns that may affect the value or security of your digital assets. You are responsible for following the official website, reading and considering announcements on your own.
36.4. Complete agreement. These terms and any applicable Product Terms constitute the entire agreement between you and Abcoin regarding the Abcoin service. All parties acknowledge that they have not relied on any statements, representations, warranties or guarantees (whether made negligently or unintentionally) other than those expressly provided in these terms or any product terms, and do not have any rights or remedies in this regard.
36.5. Transfer. Without Abcoin's prior written consent, you may not assign or transfer any of your rights or obligations under these terms. However, Abcoin may at any time assign or transfer any rights or obligations under these terms to any other person, including but not limited to rights or obligations related to any merger, acquisition or other corporate restructuring of Abcoin.
36.6. Invalid. If at any time any provision or sub provision of these Terms becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions or sub provisions shall not be affected or impaired in any way.
36.7. record. You agree that Abcoin may record any calls, emails, chat conversations, and any other forms of communication between Abcoin and you, including communications between you and Abcoin regarding sending instructions or conducting transactions, and you agree that such records may be used as evidence in any litigation related to any agreement with you. These records will be fully owned by Abcoin.
36.8. Language. This clause can be translated into languages other than English. Any such translation is intended solely for your convenience. If there is any conflict or inconsistency, the English text shall prevail.
36.9. Third party rights. Except for situations related to Abcoin Alliance partners, any expression or reference in this clause shall not be construed as granting any legal or equitable rights, remedies, and claims under or in connection with this clause or any of its clauses or sub clauses to any person other than the parties to this clause. This clause and all its clauses and sub clauses are solely intended to achieve the interests of the parties to this clause, their successors, and permitted assigns.
36.10. Survival. All clauses and sub clauses under this clause that, by their nature, continue to be effective after the expiration or termination of this clause shall remain binding and effective after the termination or expiration of this clause.
36.11. The relationship between the two parties. Abcoin is not your agent for executing these terms. This clause shall not be interpreted as a fact or evidence of joint venture, partnership, or franchising between the parties.
36.12. Digital assets. Abcoin records the quantity and type of any digital assets under your name in your Abcoin account. Abcoin is not the custodian of any digital assets under your name and does not assume any custodian responsibility for any digital assets under your name. When you instruct Abcoin to transfer or otherwise process digital assets, Abcoin will not use any specific digital asset (regardless of its level of recognizability) to execute your instructions. According to these terms, when Abcoin executes your instructions, it will use the same type of digital asset as the amount credited to your Abcoin account.
36.13. Force Majeure. Abcoin shall not be liable for any delay or failure to perform as stipulated in this clause due to force majeure events.
36.14. Not abstaining. Abcoin's delay or failure to exercise any right or remedy under these terms shall not be deemed a waiver of future exercise of such right or remedy, nor shall it be deemed a waiver of any other right or remedy under these terms. The rights and remedies provided in this clause are cumulative and do not exclude any rights or remedies provided by applicable law.
36.15. Offset. In addition to any legal or other remedies provided in these terms or by law, Abcoin may offset any amount owed to Abcoin by you in accordance with these terms or other provisions. You must pay all outstanding amounts owed to Abcoin without any form of offsetting, counterclaiming, deduction or withholding, except as required by applicable law.
36.16. Privacy of others. If you receive information about another user through the platform or by using the Abcoin service, you must keep such information confidential, use such information only in connection with the Abcoin service, and always use such information in accordance with applicable laws. You are not allowed to disclose or distribute any user information to third parties, nor to use such information in any way other than what is reasonably necessary to achieve the transaction.
36.17. Violation disclosure. If you violate these terms, Abcoin may disclose or otherwise provide Abcoin users with detailed information about your violation (including any information you provide to Abcoin). Abcoin will only do so when it deems it necessary to take this measure to protect other users or comply with applicable legal regulations.
36.18. Abcoin account holder dies. If you die or become incapacitated, your estate representative or survivor (s) must notify Abcoin in writing as soon as possible. If we have reason to believe that you have died, we may suspend your Abcoin account. Your Abcoin account will be suspended until:
a. Your estate representative or authorized beneficiary, (1) create an Abcoin account in accordance with these terms; Or (2) provide wire transfer instructions; and
b. Provide sufficient legal documents to prove their right to receive assets in your Abcoin account; perhaps
c. You provide satisfactory evidence to prove that you have not passed away.
The beneficiary receiving the wire transfer will receive the cleared value of your Abcoin account assets, minus any fees and costs associated with the transfer. Whether Abcoin can provide the assets in your Abcoin account to your representative depends on the provisions of applicable laws and the limitations set forth in these terms. Abcoin does not promise any specific timetable for asset transfers in your Abcoin account.
36.19. Taxation. You are responsible for determining the applicable taxes (if any) on the payments or receipts you make, and you are responsible for paying, reporting, and paying the correct taxes to the relevant tax authorities. You agree that Abcoin is not responsible for determining whether any taxes apply to your use of Abcoin services, nor is it responsible for paying, reporting, or paying any taxes arising from any transactions or use of Abcoin services.
You are aware that Abcoin may submit certain reports to tax authorities regarding transactions conducted through the platform, and Abcoin may provide you with additional documents or records required for calculating any taxes based on its own judgment or applicable legal requirements. Abcoin can also withhold and deduct any taxes payable under applicable laws at our discretion from the source.
37. Definition and Interpretation
Under this clause:
a. The title and numbering of this clause are for convenience only and do not affect the meaning, priority or interpretation of any of its clauses or sub clauses;
b. The expressions "including" or "containing" indicate including but not limited to;
c. A promise to do or not do something should be considered as including a promise not to allow or accept doing it;
d. Words that indicate singular include plural, and vice versa, words that indicate gender include any gender;
e. The reference to any document refers to the document that has been revised, changed or updated from time to time, and does not imply a violation of this clause or that document; also
f. If there is any inconsistency between the provisions of this clause (including any documents referred to therein), the provisions and documents shall apply in the following order of priority:
i. Product Terms and Conditions;
Ii. Privacy Notice; as well as
Iii. This clause.
g. Unless otherwise required by the context, the following terms shall have the following meanings:
Access ID refers to the detailed information of your Abcoin account, username, password, personal identification number, API key, API encryption key, or any other code or authentication form used to access your Abcoin account or Abcoin service or send instructions.
Account history refers to the written records (including electronic records) of your transactions and your Abcoin account.
API stands for Application Programming Interface.
Applicable laws refer to all relevant or applicable regulations, laws (including general rules), principles of fairness, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, detailed rules, rulings, directives, announcements, mandatory codes of conduct, guidelines, practice notes and interpretations applicable to the provision, receipt or use of Abcoin services, these terms or any other products or deliverables related to Abcoin services, these terms or any Product Terms (whether government agencies, regulatory agencies or other bodies, or self regulatory organizations of which Abcoin is a member).
Guaranteed digital assets have the meaning set forth in Article 15.3.
Abcoin account refers to any account (including Abcoin enterprise account) or sub account (including any Abcoin sub account) opened by Abcoin that records your use of Abcoin services.
As for Abcoin, AbcoinAPI refers to the API provided to you by Abcoin Alliance partners in the form of services or third-party applications that rely on this API.
Abcoin Intellectual Property refers to the creative intellectual property and all other intellectual property owned, acquired, or licensed to Abcoin on a sub license basis from the date of these terms, as well as any other intellectual property owned, acquired, or licensed to Abcoin on a sub license basis from the date of these terms, and the intellectual property provided by Abcoin to Abcoin during the provision of Abcoin services to you.
Abcoin services refer to the services provided by Abcoin to you through the platform.
Abcoin sub account refers to a sub account established under the Abcoin primary account.
Chat service has the meaning specified in Article 5.
Claim refers to any dispute, claim, difference or controversy between you and Abcoin (and/or any Abcoin Alliance partner) arising out of, relating to or in any way related to:
(a) This clause or any product clause, including its existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or invalidity consequences;
(b) Your relationship as a user with Abcoin (and/or any Abcoin Alliance partner) (regardless of whether such relationship is based on contract, tort, regulation, fraud, misrepresentation, or any other legal theory, and regardless of whether the claim is made during or after the termination of this clause); or
(c) Any non contractual obligations arising from or related to these terms, any product terms, or your relationship with Abcoin (and/or any Abcoin affiliate).
Control refers to the power of one person to ensure that the affairs of another person are carried out according to the wishes of the first person, and the methods of control include:
(a) (If it is a company) as the beneficial owner of more than fifty percent (50%) of the issued share capital or voting rights of the company; Or have the right to appoint and dismiss a majority of directors; Or by virtue of any power conferred by organizational documents, shareholder agreements, majority of board members, or any other document governing the affairs of the company, control voting at board meetings of the company; Or through any other means; perhaps
(b) (If it is a partnership enterprise) as the beneficial owner of more than fifty percent (50%) of the capital of the partnership enterprise; Or by virtue of any power granted by the Partnership Agreement or any other document governing the affairs of the partnership enterprise, to control the composition or majority voting rights of the management of the partnership enterprise; Or through any other means.
Abcoin Enterprise Account refers to an Abcoin account opened for a company, entity, or other organization to provide Abcoin services.
Creating intellectual property refers to any intellectual property created by you under these terms, including user materials but not including any other user intellectual property.
Digital assets refer to digital representations of value or rights that can be transferred and stored electronically using distributed ledger technology or similar technologies, including but not limited to cryptocurrencies, stablecoins, non fungible tokens, and tokenized derivatives of any other digital assets.
The dominant digital asset refers to a forked digital asset that has a dominant position compared to one or more other versions of digital assets, resulting from Abcoin's full decision to adopt the fork.
Email account refers to the email account related to your Abcoin account that you have agreed upon with Abcoin from time to time in accordance with any process determined by Abcoin when using the platform.
Fiat refers to any domestic currency or super sovereign currency issued by a government or central bank, or any other currency debt denominated in such currency and not a digital asset.
Force majeure events refer to:
a. Any fire, strike, riot, internal strife, terrorist act, war or industrial action;
b. Any natural disaster such as floods, tornadoes, earthquakes, and hurricanes;
c. Any epidemic, outbreak or public health emergency that triggers national or international attention;
d. Any laws or regulations formulated by the government, supranational institutions or authorities that Abcoin deems to prevent Abcoin from providing Abcoin services on the platform;
e. Suspend or close any Abcoin Alliance partner;
f. Nationalization of any Abcoin alliance partner;
g. The government imposes restrictions or abnormal terms on any digital assets traded on the Abcoin platform;
h. Excessive changes in the price, supply, or demand of any digital asset;
i. Technical failures in transmission, communication, or computer facilities, including power failures and electronic or equipment failures;
j. Any supplier, intermediary broker, agent, primary custodian, secondary custodian, trader, trading platform, pledge platform, liquidity pool, bridge supplier, issuer of secured digital assets, market maker, clearing house or regulatory agency fails to fulfill its obligations to Abcoin;
k. The liquidity provider does not provide or is unable to provide liquidity to Abcoin;
l. Any labor or labor disputes, strikes, labor actions, or work stoppages (excluding labor actions or work stoppages taken by Abcoin or Abcoin Alliance partners); And/or
m. Events that seriously disrupt the digital asset market may include excessive changes in the price, supply, or demand of digital assets, whether regulated or unregulated.
Fork refers to the basic operating rules of certain digital assets, which may undergo any planned, unplanned, sudden, pre arranged, expected, unexpected, publicly announced, unknown, mutually agreed upon, and/or controversial changes from time to time, resulting in the creation of one or more related versions of existing digital assets.
Forked digital assets refer to the digital assets generated by forks.
Instructions refer to any instructions, requests, or commands issued by you or authorized users to Abcoin related to the operation of your Abcoin account, or any instructions that Abcoin may require to execute any transaction through such medium, in such form and manner.
Intellectual property refers to: (a) copyright, patents, database rights, and rights to trademarks, designs, proprietary technology, and confidential information (whether registered or not); (b) The registration application for any of the aforementioned rights and the right to apply for registration of any of the aforementioned rights; And (c) all other intellectual property rights and equivalent or similar forms of protection that exist anywhere in the world.
The list of banned countries/regions refers to the list of countries/regions that can be accessed through (specific link).
Local terms refer to the terms and conditions governing your use of Abcoin services in any specific jurisdiction.
Loss has the meaning set forth in Article 29.1.
Obvious error refers to any obvious or perceptible error, omission, or incorrect quotation (whether by Abcoin or any third party), including any erroneous quotation made by Abcoin's representative taking into account the current market and current advertising quotation, or any error in any information, source, senior staff, official results, or pronunciation.
Mobile App refers to any mobile application developed or provided by Abcoin or any Abcoin Alliance partner that enables you to use or otherwise access Abcoin services.
Licensed user refers to anyone authorized by you under these terms to handle any Abcoin enterprise account on behalf of the user and inform us.
The platform refers to a digital platform where Abcoin or any Abcoin affiliate partner can provide Abcoin services to you through the official website, mobile app, AbcoinAPI, or other means specified by Abcoin affiliate partners from time to time.
Privacy Notice "refers to the privacy notice published on (specific link).
The "Product Terms" refer to the exclusive terms and conditions applicable to the use of Abcoin services outside of these terms.
Regulatory agency refers to any foreign, domestic, state, federal, municipal or local government, administrative, legislative, judicial, administrative, supervisory or regulatory authority, institution, quasi governmental agency, court, commission, government organization, self regulatory organization, court, arbitration tribunal or expert group or supranational organization with regulatory agencies, or any department or agency thereof, including any tax authority.
Restricted personnel refer to individuals or legal entities who meet the following criteria: (a) are listed on any trade embargo or economic sanctions, terrorist or foreign corrupt official list (lists issued by government agencies, such as the United Nations Security Council sanctions list, including the Specially Designated Nationals List maintained by the Office of Foreign Assets Control (OFAC) of the US Treasury Department, or the Denied Persons or Entities List of the US Department of Commerce, or lists issued by the UK, EU, Canada); Or (b) any individual or legal entity residing, established, or operating in any country/region listed in the Prohibited Countries/Regions List.
Risk warning refers to the general risk warning posted on the official website.
Security vulnerabilities refer to
a. Your Abcoin account or any of your access IDs have been compromised;
b. Your access ID is lost, stolen, or used without authorization, or unauthorized access and use of your Abcoin account or Abcoin services on your behalf without your authorization; perhaps
c. Any other security incidents (including network security attacks) that affect you and/or Abcoin.
Website refers to the Abcoin official website and any other websites, pages, features, or content owned or operated by Abcoin.
Supporting digital assets refers to the digital assets that you can use with the Abcoin service.
Terms refer to these Terms of Use, as well as any other documents explicitly incorporated by reference, including the Product Terms, all of which may be revised or supplemented from time to time.
Trademarks refer to intellectual property rights in trademarks, service marks, and logos used and displayed on the platform or through the platform, website, and/or Abcoin services.
Transaction refers to the sale, purchase, or conduct of any other type of transaction, or agreeing to sell/purchase digital assets, their derivatives, other assets, or any other products or transactions related to them that Abcoin allows the platform to conduct from time to time, as well as depositing or withdrawing digital assets or fiat currencies into or from your Abcoin account.
User intellectual property refers to the intellectual property owned or licensed to you on the effective date of these terms, as well as any other intellectual property owned, acquired or licensed to you after the signing date of these terms, excluding Abcoin intellectual property.
User materials refer to any comments, posts, information, data, and intellectual property contained in any comments provided by you or other users to Abcoin through the website (via Abcoin's "Contact Us" page or other means), platform, use of Abcoin services, or other means.
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