1.1 The relevant services of our Social Trading Services (“This Social Trading Services”, “Service” or “Services”) is a Digital Asset trading service provided and operated by OKX (as defined in OKX Terms of Service, “OKX”, “Company”, “we”, “our” or “us” or “Platform”).
1.2 These Social Trading Service Terms (these “Terms” or these “Terms”) govern your use of the Social Trading Services and any related services entered into by and between you (the “User” or “you”) and OKX, and is legally binding upon you and OKX. By accessing the Services and other relevant services provided by OKX, you agree that you have carefully read and fully understand the terms and conditions under these Terms (including any amendments made by OKX at any time), especially the terms which exclude or limit liabilities of the Platform under these Terms, and the terms that exclude or limit rights of the Users. If you do not accept these Terms or the contents of these Terms, or refuse to acknowledge and agree with the Platform’s right to unilaterally modify these Terms at any time, you have no right to use the Services provided by the Platform under these Terms and shall immediately stop using and accessing the Platform. Unless otherwise provided in this Agreement, the terms used in this Agreement shall have the meaning provided in OKX's Terms of Service.
1.3 The contents of these Terms also include OKX's various system specifications, other agreements or rules in connection with or related to these Terms, and other relevant agreements and rules regarding the Services that OKX may publish on its Site from time to time. Once the aforementioned contents are officially released or published, they are an integral part of these Terms, and you shall be legally bound by those terms and conditions thereof. By using this Service, you confirm you have read, understood, and accepted these Terms, the OKX Terms of Service, Risk & Compliance Disclosure, any relevant terms and conditions, service terms, user agreements, transaction and operation rules, policies, announcements and other rules (as amended and restated from time to time) published by OKX on the Site from time to time in connection with this Service (“User Agreements”), and that you agree to be legally bound by any and all terms and conditions thereof. Unless you have read and accepted all the terms and conditions of these Terms and applicable User Agreements, you are not authorized to and shall not use this Service or any of its corresponding services.
1.4 The Terms and any applicable User Agreements constitute the entire agreement and understanding regarding the use of any or all of the Services, and any manner of accessing them, between: You and OKX, depending on your location, nationality, services used, and your level of KYC completed.
2. Eligibility to Use the Service
2.1 You understand and acknowledge that:
- You have agreed to abide by the “OKX Terms of Service”, and you are eligible and are not prohibited from using the Services defined therein;
- If you are registering the Service in your personal capacity, in order to effectively accept this Agreement, you must be at least 18 years old, with all required civil rights and capacity, and have all the necessary authority and ability to sign this Agreement. Once signed, it is binding on you;
- If you are registering to use the Service on behalf of a legal entity, in order to effectively accept this Agreement, you declare and guarantee that (i) such legal entity is legally established and valid in accordance with applicable laws and regulations; and (ii) you are duly authorized by the legal entity and have the right to act on its behalf.
- You have the requisite and necessary experience and risk tolerance for using the Service, and have the experience and knowledge to invest in non-guaranteed Digital Asset products;
- You shall carefully consider and use clear judgment to evaluate your financial condition and the aforementioned risks before making any decisions regarding your use of this Service, and bear all the losses arising therefrom;
- In order to use the Service, you have the required ability to perform operations on the Internet;
- This Agreement does not conflict with the laws of your country or region, and you agree to comply with the laws of your country or region;
- You are the legal owner of the Digital Assets in your OKX Account and guarantee that the sources of these Digital Assets are legal.
2.2 You agree and undertake that:
- You shall not use the Service for any illegal purposes, including but not limited to illegal gambling, money laundering, fraud, extortion, data breaches, terrorist financing, and any other violent activities or any business activities prohibited by law.
- You shall not conduct, initiate or promote any forms of market manipulation or other forms of illegal conduct, including but not limited to illegal gambling, money laundering, fraud, extortion, data breach, terrorist financing, and any other violent activities or business activities prohibited by law.
3. Social Trading Service
3.1 Social Trading
OKX may provide you with the ability to interact, follow and copy other traders and strategies by accessing and using the respective information, as well as providing you with "social trading features". OKX’s Social Trading Services may provide you with detailed account information, trading histories, risk profiles, and other information in relation to traders and strategies that may be useful to you when deciding whether to follow such trader or strategy.
The Social Trading Services are a trading functionality which may allow you to follow and/or monitor the account of other traders. You may either follow a specific OKX trader account. By placing a social trading order, you authorise OKX Platform to automatically recreate the actions of the selected account for you in your OKX account without any prior consultation, consent or approval from you. For example, OKX may start the Social Trading Services, stop the Social Trading Services, and/or pause the copying of the respective trader, account and/or strategy and set limits to any position, etc.
3.2 OKX Social Trading Services
OKX offers the Social Trading Services which may allow you to choose to follow the orders of a respective participating OKX trader, account and/or strategy on the OKX Platform and enter into copy trading.
3.3 Social Trading Service Fees
- When you place a trade under Social Trading Services, we will charge you fees on the same basis as those charged for the same type of trades and transactions on the OKX Platform. OKX will charge you certain service fees ("Service Fees").
- You hereby agree and authorise that OKX shall have the right to deduct the Service Fees payable from the Digital Assets in your account; OKX reserves the right not to provide the Services to you under these Terms.
3.4 Lead/Copied Trading
- Any OKX users who are familiar with trading may apply to be a lead trader and obtain profit sharing from any order or trade being copied or followed by other users under the Social Trading Services. OKX shall review the trader application according to its internal policy and guidelines, and all decisions made to accept or reject an application shall be in the sole and absolute discretion of OKX.
- Once a user becomes a lead trader, he/she shall process the trading at the normal interface of the OKX Platform. If there is any order or trade which is placed after the trader attaining his/her lead trader qualification, any completion of such an order or trade shall trigger a notification sent to any user who has subscribed to Social Trading Services and chosen to copy or follow the order or trade initiated by that lead trader, and the user can then copy or follow the order or trade at the market value available to him/her.
- A lead trader can access the records of his/her orders and/or trades which have been copied or followed by other user(s) under the Social Trading Services at the management portal of the OKX Platform.
- The management portal for the Social Trading Services can show all the orders and transactions happened in a lead trader’s account in detail or as a summary. In the OKX Platform, a lead trader can access details of every order or trade, and a brief summary of all the orders and/or trades.
- Upon commencing his/her trading as a lead trader, a lead trader can pre-set the limits of gains or losses for every order or trade to be conducted. To ensure the quality of any order or trade to be copied or followed, regardless of whether there shall be a gain or loss, or no gain or loss, recorded, it is restricted that the lead trader can only choose the market value, and the quantity to be transacted shall be the maximum value of the Digital Assets available at his/her account for the order or trade.
- A lead trader shall have certain restrictions in trading its Digital Assets when his/her activities have been designated to be copied or followed by other users.
- A lead trader has to strictly follow the requirements imposed by OKX on any order or trade to be copied under the Social Trading Services.
（2）Profit sharing to lead trader
OKX sets up a profit sharing scheme to incentivise lead traders. A lead trader can obtain certain percentage of profit sharing from any user subscribing the Social Trading Services who copy(ies) or follow(s) the lead trader’s order or trade. Any user who copies or follows such order or trade of a lead trader shall be obliged to share certain percentage of his/her gain obtained from such copied or followed order or trade with the lead trader.
（3）Lead trader agrees and undertakes that:
- He/she would not publish or circulate any false or misleading statement that may be detrimental to the goodwill and reputation of OKX and/or its affiliates;
- He/she would not conduct any false promotion or marketing activity to attract copied or social trading, including but not limited to, provision or guarantee of a stable profit return or gain;
- Frequent daily transaction volume: if a lead trader has more than 50 orders or transactions in a single day, any user who copied or followed his/her transactions shall be allowed to copy or follow the first 50 transactions only but not any new transaction beyond that limit;
- To protect the interest of any trader copying or following the lead trader’s orders or transactions, a lead transaction’s personal profile shall be set up as follows:
Personal avatar or nickname shall not consist of his/her contact information, and the lead trader shall provide a proper English nickname;
A lead trader profile shall not consist of any contact information, or any contents which may breach the local laws or regulations, detrimental or impair the OKX Platform’s goodwill and reputation. The profile must contain any trading strategy or points to notes for any copied or social trading.
（4）Lead trader acknowledges and agrees with the followings risk management rules for lead trading:
- Malicious carrying the order
Any order that maintains a loss for 7 consecutive days and exceeds 30% is determined to be a carry order;
The proportion of users who are forced to liquidate exceeds a certain percentage among the copiers corresponding to the order carrying order, which is regarded as malicious carrying the order.
- Maliciously swipe handling fee
If a trader with orders frequently opens positions, reaches the maximum number of orders per day for 7 consecutive days, and the transaction results have no obvious profit, and the number of node users who copy orders reaches a certain proportion, it will be judged as a fee-swiping behaviour.
- Maliciously swipe profit sharing
If the copied trader of a lead trader with a single trade has always had a low income, but received more profit, OKX will intervene in the screening and judge that the user maliciously obtains the profit.
- Maliciously swipe indicator data
Rate of return: If the rate of return exceeds the normal level and does not match the actual profit, it will be judged as cheating.
Winning rate: The user's winning rate has been maintained at a high level for a long time, and the income is abnormal, and the real trading strength does not match the winning rate, and the user is judged to maliciously brush the winning rate.
- Penalties for malicious orders
If a lead trader commits the above-mentioned violations, depending on the seriousness of the circumstances, they will be punished for the first time by lowering the ranking at OKX platform. In serious cases, the account will be directly banned, and OKX may treat the transaction orders be withdrawn, and the illegally obtained funds will be frozen. OKX has the sole right to claim against the trader for his/her wrongdoing.
（5）Responsibilities of Lead Trader
- Choosing to become a lead trader with orders is a user's personal choice, and does not constitute a contractual relationship between a lead trader and the OKX Platform as employees, partners, intermediaries, contractors, etc. A lead trader understands and confirms that he/she bears all the liabilities, responsibilities and risks that may be involved in becoming a lead trader. OKX Platform does not assume any liability, responsibility or compensation for the behaviour of lead traders.
- Lead trader agrees to abide by all applicable laws and regulations of any applicable jurisdiction. Lead traders shall bear all the corresponding liabilities and responsibilities for their actions as a lead trader. In addition, a lead trader undertakes not to violate the legal rights and interests of any user or other third party. If OKX suffers any loss due to any behaviour of any lead trader, OKX has the sole and absolute right to claim against the lead trader through any legal or other means.
3.5 Early Termination of this Service
（1）In the following cases, OKX reserves the right to terminate this Service at any time at its sole discretion if:
- The service needs to be terminated due to any applicable laws or regulations of relevant jurisdictions;
- Due to Force Majeure and/or other unexpected events, OKX cannot continue to perform and/or offer this Service;
- Prohibited trading activities, including (i) manipulative or abusive trading activities, are being conducted or may be reasonably determined to be conducted; (ii) fraudulent of incorrect information has been provided or may be reasonably determined to be provided during the account opening process; or (iii) you have otherwise acted in bad faith.
- Occurrence of any other circumstances that OKX considers to be necessary to terminate this Service based on market conditions or any other related situations.
（2）We will take reasonable steps to monitor the performance of any followed trader under the the Social Trading Service, as well as the performance of the different trading strategies under the Social Trading Service. We reserve the right to pause, stop, or block, including without limitation: (a) any trader from being followed under the Social Trading functionality; and (b) any trading strategy from being followed under the Social Trading functionality. In these cases, any open trades entered into as a result of or arising from the Social Trading Service will be closed.
（3）We reserve the right to terminate the Social Trading Services at our sole discretion, including without limitation, if you no longer meet the criteria to receive the Services or it is not feasible to provide the Services as a result of any Applicable Laws.
（4）If OKX announces the early termination of this Service, OKX shall try to publish an announcement on the OKX website three (3) days in advance but is not under any obligation to do so.
4. Limitation of Liabilities
4.1 Risk Disclosure
（1）YOU EXPRESSLY AGREE THAT YOUR USE OR NON-USE OF THIS SERVICE AND RELATED SERVICES ARE AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY UNDER THESE TERMS, THE SERVICES, ALL PRODUCTS AND SERVICES PROVIDED TO YOU THROUGH THIS SERVICE AND RELATED SERVICES PROVIDED TO YOU ARE STRICTLY OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND OKX AND ITS AFFILIATES OR ITS SERVICE PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, NO ERRORS OR OMISSIONS, CONTINUITY, ACCURACY, RELIABILITY OF THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. OKX DOES NOT MAKE ANY UNDERTAKINGS AND WARRANTIES FOR THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF THE TECHNOLOGY AND INFORMATION IN CONNECTION WITH THIS SERVICES OR OTHER SERVICES PROVIDED BY THE OKX.
（2）NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW OR REGULATIONS.
（3）Like any asset, the value of Digital Assets may fluctuate significantly, and there is a huge risk that Users may incur economic losses when buying, selling, holding or investing in Digital Assets and other related transactions. The choice to use and how to use the Services of the Platform is the User's personal decision, and the User shall bear any and all of the risks and potential Losses. OKX does not make any express or implied warranties regarding the market, value or price of Digital Assets. Users acknowledge and understand the instability of the Digital Asset market. The price and value of Digital Assets may fluctuate or collapse at any time. Trading digital assets is of the free choice and decision of Users, and Users shall solely bear their own risks and possible losses. Your use of this Service means that you confirm and agree: (1) You fully understand all of the risks associated with Digital Assets and related transactions; (2) You agree to solely bear any and all risks and Losses associated with the use of these Services and engaging in any transactions involving digital assets; (3) OKX shall not be responsible for any of these risks or Losses or any other adverse consequences.
（4）OKX, its affiliates, service providers or suppliers make no representations, warranties, or guarantees to you regarding the performance of any trader, investment, account, portfolio, or strategy. OKX, its affiliates, service providers or suppliers make no representations, warranties, or guarantees of the recurrence of past rates of return that have been made by a trader or portfolio you choose to follow, and the profits (or losses) you make or incur may not match those of a trader or portfolio you follow.
（5）Past performance, risk scores, statistics, and any other information with respect to our Platform’s traders under or related to our Social Trading Services, or of different portfolios and trading strategies under our Social Trading Services are not reliable indicators of future performance.
（6）OKX, its affiliates, service providers or suppliers make no representations, warranties, or guarantees that you will achieve profits or losses similar to those shown to a trader or portfolio that you are or may be following.
（7）You understand and accept the risks in connection with the Social Trading Services including without limitation, automatic trading operations, where your account may enter into and close transactions without your manual intervention; and the Social Trading Services may fail or incur high costs due to latency. You shall be solely responsible for any and all Losses arising from the automatic operations of the Social Trade Services.
（8）OKX, its affiliates, service providers or suppliers shall not be liable for any Losses arising from:
- actions taken by us in order to carry out your instructions;
- decisions or actions taken by a followed trader that you have chosen to copy and/or follow;
- specific investment decisions or actions taken or omitted in good faith by any copied or followed account strategy or portfolio.
（9）OKX cannot guarantee the authenticity, reliability, accuracy, completeness or validity of the content on the Platform, and shall not bear any legal liability arising therefrom. You shall solely rely on your independent judgment to conduct transactions, and you shall bear all responsibilities and/or Losses that result or arise from your judgment and/or decisions.
（10）You understand and accept the risks that you may incur by using this Service, and the related Losses that you may suffer as a result, including but not limited to:
- If there is a Force Majeure event, or a Force Majeure event that may cause the price of Digital Assets to collapse, it may cause OKX to fail to provide this Service to you and may cause severe and/or total loss of your Digital Assets;
- Technical abnormalities may occur, which may delay or prevent you from using this Service or conducting related transactions, which may cause severe and/or total loss of your Digital Assets;
- Market abnormalities may occur, which may cause severe and/or total loss of your Digital Assets;
- In order to maintain the overall health of the market, OKX may add, delete or modify the relevant provisions of these Terms, the policies, the terms and conditions or other related user agreements, service agreements or terms from time to time. Such modifications may benefit or harm Users like you.
（11）You should use any information gathered from our Platform and/or the Social Trading Services as a starting point for your own independent research and investment decision making. However, you should not make investment decisions based on information provided on the Platform. You choose to use the Social Trading Services at your sole discretion, and you determine to follow a specific trader and/or a particular trading strategy at your sole discretion. In making these decisions, you have carefully and duly considered your overall financial situation, including without limitation, your financial plans, and understand that using the Social Trading Services is highly speculative and risky, and you may suffer Losses much more significant than the amount of Digital Assets you used to follow a respective trader under the Social Trading Services as a result of the following:
- it may involve automated trading execution whereby trades are opened and closed in your account without your manual intervention;
- if you manually modify or close an order generated by the Social Trading Services, you may achieve a materially different result than the trader that you followed;
- trades that you attempt to copy in amounts lower than the minimum trade will not be opened;
- if you are attempting to copy all trades which are currently open, we will open your position at the best available price at the time your request is received by the Platform and not the price at the time which the copied trade was originally opened;
- the trader, strategy, and/or portfolio you attempt to copy may make withdrawals during the same time that you are using the Social Trading Services to attempt to copy their actions, and this may also generate a materially different result for you. This is due to a number of different factors, including but not limited to, starting account balance, minimum trade size, the user's account settings, differences in spread, interest and trading price at time of investment, and also the difference in fees that may be incurred;
- following/copying the trading decisions of inexperienced and/or unprofessional traders;
- following/copying traders whose ultimate purpose, intention, and/or financial status may differ from yours;
- following/copying traders who trade products restricted for you as a result of Applicable Law, and where a replacement equivalent trade cannot be executed may result in the economic performance, portfolio composition, risk rating and other factors relating to your portfolio deviating from the portfolio of the copied trader.
（12）You confirm that you fully understand the nature, risks and potential losses related to the Social Trading Services. Before making an investment decision, you should exercise independent judgment and carefully consider using Social Trading Services based on your own investment experience and capability, financial situation, investment objectives, investment period, willingness and ability to bear investment risks, the extent of your understanding of the nature and risks of this product, and other relevant circumstances. The aforementioned risks do not include all the risks and market conditions of your transactions related to this Service. If you have any questions or concerns, please seek advice from an independent financial advisor.
4.2 The trading market is volatile and may change rapidly in terms of liquidity, market and trading dynamics. You are fully responsible and liable for any and all trading and non-trading activities from your account used on or through OKX. You acknowledge and agree that you are fully responsible for all your transactions and non-trading behaviors and omissions on or through OKX, as well as all gains and Losses resulting or arising from your use of this Service and any other services provided on the OKX Platform. You are responsible for any and all of your assets and liabilities in your OKX Account, and you are responsible for all your financial activities and obligations on OKX. OKX is not responsible for any and all Losses arising from this Service and any other services provided on the OKX Platform and shall not assume any compensation or any other responsibility.
4.3 You agree and accept that the aggregate liability of OKX shall not exceed the Service Fee that OKX received from you when this Agreement is terminated.
4.4 You agree and accept that OKX reserves the right to amend the content of this Agreement any time in its sole discretion. OKX shall not be liable for any Losses arising from your misunderstanding of this Agreement, or your delay of reading the amendments to this Agreement.
4.5 You agree and accept that if the OKX Platform cannot function properly or the Service is interrupted arising from the following conditions, such that you are unable to use the Services or cannot make commands or perform related trading operations, including but not limited to failure, delay, interruption, no system response, delayed system response or any other abnormal circumstances, OKX and its affiliates shall not be liable for any Losses. These circumstances include but are not limited to:
- Service suspension for maintenance;
- Hacker attack(s) on OKX for purposes including but not limited to stealing user account passwords, secret keys, API key(s), and other information, that result in Losses caused by illegal hacking into the User’s accounts and / or illegal transfer of Digital Assets;
- System failure to transmit data as a result of telecom equipment failures;
- Force Majeure events or accidents, such as but not limited to typhoons, earthquakes, tsunamis, flooding, plagues, epidemics, power outage, war, turmoil, government actions, terrorist attacks and any other events that may lead to the suspension of OKX and/or its Services;
- Service interruption or delay arising from hacking, computer virus, technical adjustment or failure, website upgrades, banking issues, temporary closure arising from government regulations and any other reasons;
- Service interruption or delay caused by OKX Platform’s computer system being damaged, defective or unable to perform normally;
- Losses arising from technical problems that cannot be predicted or solved by existing technical forces in the industry;
- Losses suffered by you or other third parties arising from the fault or delay of the third party;
- Losses suffered by you or other third parties arising from changes in Applicable Laws;
- Losses suffered by you or other third parties arising from force majeure events or accidents caused by other objectively unforeseeable, unavoidable and/or unsolvable circumstances.
- Other Losses not attributable to OKX due to external uncontrollable events.
- You agree and accept that the aforementioned reasons may lead to abnormal transactions, market interruptions and other possible abnormal circumstances, and OKX reserves the right to refuse to execute your commands based on the actual circumstances. You understand and agree that OKX shall not be liable for any of your Losses (including but not limited to direct or indirect losses, actual losses, or loss of possible yield and other similar or related losses).
4.6 Software Protocols and Operational Challenges
- Software protocols that underlie Digital Assets are typically open source projects, which means that: (i) the development and control of such Digital Assets are outside of OKX's control, and (ii) such software protocols are subject to sudden and dramatic changes that may have a significant impact on the availability, ease of use, or value of a given Digital Asset. You also are aware of and accept the risks associated with any operational challenges. OKX may experience sophisticated cyber attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Services. You understand that the Services may experience operational issues that lead to delays. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree that OKX shall not be responsible or liable for any related Losses.
- You understand and accept that the technology underlying Digital Assets is subject to change at any time, and such changes may affect your Digital Assets stored on our platform. You agree to be fully responsible for monitoring such technological changes and understanding their consequences for and regarding your Digital Assets. You shall conduct all trading and make all related decisions based on your own volition, and OKX shall not be liable for any and all Losses or damage incurred as a result of your use of any Services or your failure to understand the risks involved or associated with Digital Assets in general or your use of our Services.
4.7 You agree and accept that OKX shall not be liable for any Losses caused by the risks described in this section 5 (including but not limited to any direct or indirect losses, actual losses or possible loss of profits).
4.8 The aforementioned provisions do not indicate all the risks arising from or related to Users' transactions through the Platform or all the conditions of the market. Before making any trading decisions, Users shall fully understand the relevant Digital Assets; make cautious and prudent decisions based on their own trading objectives, risk tolerance, and financial conditions; and solely bear all risks and losses.
5.1 You shall take each and every possible step to protect OKX and its affiliates from any damages or Losses arising from your use of the Service or other actions related to your OKX account; otherwise you shall be liable to OKX for any and all Losses.
5.2 You hereby agree to release OKX and its affiliates from liability for any and all Losses, and you hereby agree to defend, indemnify and hold OKX and its affiliates harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party against OKX arising from or arising out of your breach of these Terms, your improper use of this Service, your violation of any laws or regulations of applicable jurisdiction(s) or the rights of a third party and/or the actions or inactions of any third party to whom you may grant permission to use your OKX account or access our website, software, and/or system for OKX (including any network and servers used to provide any of this Service) operated by us or on our behalf, or any of these Services on your behalf.
6. No Business, Legal, Financial or Tax Advice
The User acknowledges and agrees that no information provided by OKX, notwithstanding whether included in these Terms or any other document or statement, shall be deemed as business, legal, financial or tax advice. The User may and should consult their own business, legal, financial or tax advisers regarding especially, inter alia, the User’s particular opportunities, risks, obligations or further costs arising from the reception of and in connection with Digital Assets under this Service. OKX is not your broker, dealer, agent or consultant. The User acknowledges and agrees that for any transactions or other decisions or activities through which you use any OKX Services, OKX does not have a fiduciary relationship with or fiduciary duty towards you. No communication or information provided by OKX to you, notwithstanding whether included in these Terms or any other document or statement, shall be deemed, considered or interpreted as investment, business, legal, financial, tax, trading, or any other type of advice. You shall determine whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial condition and risk tolerance, and you shall be solely responsible for any and all Losses or liabilities. You should consult your own business, legal, financial or tax advisors regarding especially, inter alia, your particular opportunities, risks, obligations or further costs arising from using this Service. OKX does not make any recommendations to you regarding whether to buy, acquire, sell, transfer or hold any Digital Assets. Before making a decision to buy, sell, transfer or hold any Digital Assets, you shall conduct due diligence and consult your financial advisor. OKX shall not be responsible for your decision to buy, sell, transfer or hold digital assets based on the information provided by OKX.
7. Third Party Website Disclaimer
8. Governing Law
These Terms, your use of the Services, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of these Terms, directly or indirectly, shall be governed by, and construed in accordance with the laws of England and Wales without regard to the principles of conflicts of laws thereof.
9. Jurisdiction and Dispute Resolution
9.1 You acknowledge and agree that in the event of any dispute, controversy, difference or claim, including the existence, validity, interpretation, performance, breach or termination of the Terms or any dispute arising out of or relating to the Terms (“Dispute”), the parties shall first refer the Dispute to proceedings at the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with HKIAC’s Mediation Rules in force for the time.
9.2 If the Dispute has not been settled upon the signing of a settlement agreement within ninety (90) days following the filing of a request for mediation set forth in Clause 10.1, such Dispute shall be referred to and finally resolved by arbitration administered by the HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of People’s Republic of China (“Hong Kong”).
9.3 You agree that the seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). OKX shall appoint one (1) arbitrator and you shall appoint one (1) arbitrator. The third arbitrator shall be appointed by the Chairman of the HKIAC. Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The arbitration proceedings shall be conducted in English.
9.4 You agree that OKX shall not be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant and material to the outcome of the Dispute.
9.5 Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.
10.1 The contents of these Terms also include OKX's various system specifications, other agreements or rules in the connection with these Terms, and other relevant agreements and rules regarding the Service that OKX may issue from time to time. Once the aforementioned content is officially released, it shall become an integral part of these Terms, and you shall also abide by it. In the event of any conflict between the aforementioned content and these Terms, these Terms shall prevail.
10.2 OKX reserves the right to unilaterally modify these Terms (including the aforementioned contents) if necessary. Such modification may happen at any time without prior notice. If any changes are made, the revised contents may be posted on OKX's website. Please regularly check the latest information posted therein to inform yourself of any changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes. If you do not accept the revised content, please stop using the Services.
10.3 You shall carefully read this Agreement, and any document referred to in Sections 12.1 and 12.2 of these Terms that constitute the contents of these Terms. If there is anything that you do not understand in the Agreement and/or any document referred to herein, you should contact OKX and seek clarification. Unless otherwise instructed by OKX, any formal communication and document transfer between you and OKX shall be undertaken through email. You may also be able to contact OKX telephonically as a form of informal communication. Any formal communication between you and OKX should, unless otherwise agreed, be made in the English language. In the event of any discrepancy between the communication in English and that in a foreign language, the English version shall prevail. In the event of any discrepancy between any formal and/or informal communications and the Agreement, the Agreement shall prevail.
Please address emails to “OKX” at the following email: email@example.com
10.4 If any provisions of these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any way. However, if any provisions of these Terms shall be invalid, illegal or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be invalid, illegal or unenforceable only to the extent of such invalidity, illegality or limitation on enforceability without affecting the remaining provisions of these Terms, or the validity, legality or enforceability of such provision in any other jurisdiction.
10.5 No failure or delay by OKX in exercising any right, power or remedy it is entitled to under these Terms or by stipulation of law or regulation shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of such rights, power or remedies.
10.6 You shall not transfer, novate or assign these Terms, and the rights and obligations hereunder, in whole or in part, without the prior written consent of OKX. OKX has the right to transfer, novate or assign any rights or obligations under these Terms by serving written notice on you, which takes effect upon the delivery of such notice.
10.7 The headings of all these Terms are for reading convenience only and have no actual meaning and shall not be used as a basis for interpretation of the meaning of these Terms.
10.8 If there is a discrepancy between the English version of these Terms and the translation of other languages version, the English version of these Terms shall prevail.
10.9 OKX has the sole and final discretion of interpretation of these Terms.