Terms of Service

Terms of Service

Last Updated: 08 July 2024

These Terms constitute a legally binding contract between the user (“you,” “your,” “user”) and BitGain (“BitGain,” “we,” “our,” or “us”). They govern your use of the BitGain Services provided to you through the Platform or by other means. The Apax Bit Services may be delivered by Apax Bit or, as specified in these Terms of Services, any Privacy Policy, Disclosures, Notices, or additional terms, by any BitGain Affiliate.

Risk Warning: As with any asset, the value of Digital Assets is subject to significant fluctuations, and there is a substantial risk of financial loss when purchasing, selling, holding, or investing in Digital Assets. You are advised to carefully consider whether engaging in transactions involving Digital Assets is appropriate for you, given your financial situation.

Further details regarding the risks associated with utilizing the BitGain Services are outlined in our Disclosures and Notices, which are subject to periodic updates. It is essential that you review the Disclosures and Notices thoroughly; however, please note that they do not encompass all potential risks or how such risks may pertain to your specific circumstances.

Prior to making any decision to engage with the BitGain Services, it is crucial that you fully comprehend the associated risks.

It is your responsibility to assess whether any investment, investment strategy, or related transaction aligns with your personal investment goals, financial situation, and risk tolerance. You bear full responsibility for any losses or liabilities incurred. We do not endorse or recommend the purchase, earning, sale, or holding of any Digital Asset. Before deciding to buy, sell, or hold any Digital Asset, you should perform your own due diligence and consult with your financial advisor. We disclaim responsibility for any decisions you make regarding the purchase, earning, sale, or holding of Digital Assets based on the information we provide, including any resultant losses.

The Terms constitute the agreement and understanding regarding the use of any or all of the Services, and any manner of accessing them, between you and the following service providers (“we,” “us” or “our”) depending on your residency and date of registration:

BitGain is Singapore International business Company working closely and collaboratively with regulators from around the world. 

Apax Bit is Platform and Arbitrage Agrigator managed and operated by AI Technology Ventures Pte. LTD (Entity ID 202019256M) Singapore registered company:

1. a) for all Users eligible to access and use our Services
2. b) for users who are residents of Australia 
3. c) for users who are residents of the European Economic Area
4. d) for Users who are residents of Mexico, Brazil, Argentina

Singapore registered company AI Technology Ventures Pte. LTD (for all other Users eligible to access and use BitGain’s Services.

The company’s technology encompasses: Electronic documents, Digital Information, Cryptocurrencies, and Tokens; digital equivalents of physical assets, virtual assets, and virtual currency; digital intellectual property; blockchain and decentralized systems; and artificial intelligence technologies.

Apax Bit is Platform and Arbitrage Agrigator managed and operated by BitGain Pro LTD, Private company limited by shares (15934282) England and Wales registered company.

1. a) for all Users eligible to access and use our Services

The company’s technology encompasses: Development of building projects, Activities of venture and development capital companies, Information technology consultancy activities, Other information technology service activities

1.Preliminary statement

1.1. By creating a Apax Bit Account, accessing the Platform, and/or utilizing the Apax Bit Services, you hereby affirm that you have read, comprehended, and accepted these Terms, along with any supplementary documents or terms referenced herein. You acknowledge and agree to be legally bound by and adhere to these Terms, as they may be updated and modified periodically.

1.2. To the maximum extent allowed by applicable laws and regulations and in accordance with these Terms of Service we retain the right to amend or revise these Terms, as well as any policy or guideline of the BitGain Platform, at any time and at our sole discretion.

1.3. To the maximum extent allowed by applicable laws and regulations, you consent to be governed by the Terms in effect at the time you access or utilize the platform. Should you disagree with the prevailing Terms, you are required to discontinue your use of our Services. We highly recommend that you periodically review the Terms to ensure you are fully informed of the conditions and stipulations governing your access to and use of the Services. For any questions concerning the use of the BitGain Platform, please refer to the Support Center.

If you cannot fully comprehend and accept the Terms of Service, you should abstain from registering for an BitGain Account, or from accessing or utilizing the Platform or any BitGain Service.

1.4. The Terms and any provisions expressly incorporated herein govern access to and use of any services and provided by the BitGain Group. These Terms take precedence over and do not modify in any manner the terms or conditions of any other agreement that may exist with the BitGain Group regarding products, services, or other matters.

1.5. Supplementary Documentation. These Terms reference various supplementary documents that are also applicable to the utilization of BitGain Services. This includes, but is not limited to, the Privacy Policy, Disclosure and Notice, Whistleblower Notice, and User Agreement. It is acknowledged and agreed that any pertinent additional terms and conditions governing the use of BitGain Services will be adhered to and complied with.

You should read the Terms, and any document referred to in them very carefully. If there is anything that you do not understand in the Terms and any document referred to herein, you should discuss this matter with us and seek the necessary clarification.

1.6. All formal correspondence will be conducted via electronic mail unless specified otherwise. Documents will be transmitted to you through electronic mail, and you are encouraged to submit any documents to us using the same method. For further assistance, please consult the Support Center.

1.7. All formal communications, unless otherwise agreed, shall be conducted in the English language. In the event of any inconsistency between the English language version of the Terms or any such communications and any translations thereof in a foreign language, the English language version shall take precedence.

2. Eligibility and prohibition of using our services.

2.1. Eligibility Criteria: 

To qualify for registration of a BitGainAccount and to use BitGainServices, the following requirements must be satisfied:

1. Possess full legal authority, capacity, and competence to (1) access and use the BitGain Services; and (2) enter into and comply with the obligations set forth in these Terms;
2. If an individual, be at least 18 years of age;
3. c)If acting as a representative or agent of another individual and entering into these Terms on their behalf, hold proper authorization to act on behalf of and legally bind that individual to these Terms; 
4. Not have been previously suspended or prohibited from utilizing BitGainServices;
5. Not be classified as a Restricted Person;
6. Not currently hold an existing BitGainAccount; and
7. Not be located, incorporated, otherwise established in, a resident of, or conduct business operations in:
8. Any jurisdiction where accessing or utilizing the BitGainServices would be illegal under applicable laws, or would cause us or any third party to violate any applicable laws; or
9. Any country listed on a List of Prohibited Countries.

2.2. You represent and warrant that neither you nor any party you transact with is listed on any trade or economic sanctions lists established by any Competent Authority. This includes entities involved in terrorism and terrorist financing, such as ISIS, Al-Qaida, the Taliban, and entities designated by the UAE (“Local Terrorism List”). Additionally, you affirm that you are not involved in the financing of weapons of mass destruction (WMDs), including those related to North Korea’s and Iran’s nuclear programs. You also confirm compliance with sanctions lists from authorities such as the United Nations, the European Union, the Monetary Authority of Singapore, the Hong Kong Monetary Authority, the Hong Kong Customs and Excise Department, and the Office of Foreign Assets Control. You agree to provide written certification of your compliance promptly upon our request.

Please note that the availability of the Services may vary across different markets and jurisdictions, and we may restrict or prohibit access to all or part of the Services in certain Restricted Locations, which currently include Afghanistan, Iran, the Republic of Iraq, North Korea, the People’s Republic of China, and the United States of America. The provisions of these Terms shall remain subject to the laws and regulations of the country or region to which the user belongs.

2.3. Modifying eligibility criteria. 

The eligibility criteria may be amended at any time at our sole discretion. Where feasible, advance notice of such amendments will be provided. However, amendments may occasionally be implemented without prior notification under circumstances including, but not limited to: a. changes necessitated by legal and/or regulatory requirements; b. amendments that are in the best interest of the user; and/or c. any other legitimate reason that precludes the provision of advance notice. In instances where advance notice cannot be given, notification of the change will be provided as soon as practicable thereafter.

3. Communication. 

For further information regarding BitGain, please refer to the details available on our official website. Should there be any inquiries, feedback, or complaints, these can be directed to our Customer Support team via email: support@apaxbit.com or chat. These Terms may delineate specific contact information for certain types of notices. We may initiate contact utilizing the details provided by the user. This may include communication through email, SMS, messaging applications, or telephone. It is imperative that the user ensures the accuracy and currency of their contact information. Any changes to contact details must be communicated to us immediately. Failure to do so absolves us of any responsibility should the user fail to receive information, notices, or other critical communications from us.

4. Service

Specific Product Terms. Upon the establishment of an BitGain Account, access to BitGain Services will be granted in accordance with the governing Terms and the Privacy Policy applicable to each distinct BitGain Service.

Group-Affiliated Services. You hereby acknowledge and consent that certain BitGain Services may be rendered by affiliated entities within the BitGain group

4.1. The platform provides an online marketplace facilitating the holding and trading of Digital Assets (“Digital Assets” as defined below, also referred to as virtual financial assets, cryptographic tokens, digital tokens, and/or cryptographic currency) and derivatives associated with Digital Assets or their indices. Withdrawal requests for Digital Assets can be made at any time, subject to the limitations outlined in the Terms of Services.

4.2. We provide a comprehensive suite of trading services to our users, including:

1. a) An automated order-matching platform that aligns users’ trades with open orders from other users in digital assets or products linked to digital assets, based on predefined criteria;
2. b) Spot trading services that enable you to exchange one type of digital asset for another with other users via our order-matching engine. Trades are executed dynamically, which means you cannot predetermine or select a specific counterparty. Additionally, an order may be partially filled or matched with multiple orders from various users;
3. c) Margin trading services, allowing you to trade products linked to digital assets or related indices. These trades occur through an automated order-matching platform that aligns your trades with open orders from other users based on predefined criteria, without the possibility of preselecting a counterparty;
4. d) Arbitrage aggregator services, which provide users with opportunities to exploit price differentials across different markets or exchanges, thereby optimizing trading outcomes. This service aggregates and identifies arbitrage opportunities automatically, enabling users to execute trades efficiently.

4.3 Subject to applicable laws and regulations, we may, at our discretion, allow the use of margin in connection with our services. The specific margin and leverage parameters, which we set based on prevailing market conditions, depend on the type of service, asset, and the collateral involved. Eligible users can select their desired level of margin or leverage within these parameters (if available). Users must acknowledge that utilizing margin and leverage carries substantial risk, potentially leading to losses exceeding the funds in their accounts and necessitating asset liquidation, as governed by the specific margin terms for each product. Detailed leverage amounts for each product are provided for reference at the following links: (a) Spot Margin; (b) Perpetual Swap Margin; (c) Futures Contract Margin; (d) Option Margin.

4.4 We also offer a variety of additional services, including but not limited to:

1. a) Margin lending – a service that allows users to borrow or lend digital assets to one another, providing an opportunity to earn rewards;
2. b) Margin loan – a service that enables users to borrow funds by using their digital assets as collateral. This allows users to leverage their holdings without needing to sell their assets, providing greater flexibility in managing their portfolio;
3. c) Digital wallet account – a secure digital wallet that we maintain on behalf of each user. This wallet enables users to store digital assets traded via our exchange services, as well as any digital assets deposited or acquired through our platform. The wallet facilitates peer-to-peer transactions, allowing users to buy and sell digital assets directly with one another, rather than transacting directly with BitGain.

4.5 Not all services offered by BitGain are covered within these Terms. Beyond the core spot trading and other services outlined here, additional services are governed by separate agreements specific to those services on the BitGain Platform. Furthermore, certain services mentioned in these Terms are subject to additional terms available on the BitGain Platform. For detailed information on the terms governing these services, please refer to the “FAQs” section of our website.

4.6 Our Services primarily facilitate transactions that match users with other users. However, in certain limited circumstances, BitGain’s Related Parties may also engage in trading activities on the BitGain Platform or utilize other Services on a proprietary basis. This can include trading as a principal, acting on behalf of others, or engaging in transactions for their own account. Such activities may involve, but are not limited to, buying or selling digital assets or derivatives, placing orders, acting as a market maker, and trading as a principal in digital asset or derivative transactions. Trades and orders executed by BitGain’s Related Parties are integrated with all other transactions on the BitGain Platform and are not separately identified. Consequently, BitGain’s Related Parties may serve as a counterparty to any trade executed by you or other users. These activities may involve transactions with multiple counterparties, including other users, where interests may differ. BitGain and its Related Parties are under no obligation to act exclusively in your interest and do not assume any responsibility to do so. By using our Services, you acknowledge and accept that BitGain’s Related Parties may participate in transactions on the BitGain Platform and other Services. You agree not to object to or raise any claims against BitGain and its Related Parties in connection with any transactions they conduct.

4.7. Digital asset custody and ownership: all supported Digital Assets held in your Digital Asset Account are custodial assets maintained by BitGain for your benefit, as detailed below.

Ownership: Title to the Supported Digital Assets remains with you at all times and does not transfer to BitGain. The interests in Digital Assets that BitGain holds on behalf of Digital Asset Accounts are solely for the benefit of customers, are not considered BitGain property, and are not subject to claims by BitGain’s creditors. As the owner of the Supported Digital Assets in your Digital Asset Account, you assume all risk of loss associated with those assets. BitGain is not liable for any fluctuations or loss in the value of the Supported Digital Assets. The Supported Digital Assets in your Digital Asset Account do not constitute BitGain’s property, and BitGain does not claim ownership or treat these assets as its own. BitGain is prohibited from granting a security interest in the Supported Digital Assets held in your Digital Asset Account. Except as required by law or as provided herein, BitGain will not sell, transfer, loan, hypothecate, or otherwise dispose of the Supported Digital Assets in your Digital Asset Account without your explicit instruction.

4.8 You represent and warrant that you are the sole and lawful owner, both legally and beneficially, of any Digital Assets transferred to your account or wallet on the BitGain Platform. You further affirm that you are not acting as a nominee or trustee for any third party, and that you will not transfer, assign, pledge, charge, or otherwise create any security interest or encumbrance over these Digital Assets.

4.9 We are not obligated to accept orders unless your account has sufficient Digital Assets to cover (a) the settlement of the relevant order, (b) the necessary Margin for any associated derivatives transactions, and (c) any applicable fees and costs.

4.10 Although we strive to ensure the information on the BitGain Platform is accurate, the content is subject to change without notice and is provided solely to assist users in making their own decisions. We have taken reasonable precautions to ensure the reliability of the information provided, but we do not guarantee the accuracy, suitability, completeness, performance, or appropriateness for any purpose of the content, services, or products available through the platform. We will not be liable for any loss or damage that may occur directly or indirectly from the content, any issues accessing the platform, delays or failures in transmitting or receiving instructions or notifications through the platform, or from the use or interpretation of this information.

4.11 You hereby grant us permission to communicate with you regarding your Account through various channels, including phone calls, emails, SMS, mobile notifications, or your mailing address. You may also choose to opt out of certain communications by adjusting the relevant settings within the BitGain Platform.

4.12 You acknowledge and agree that our Services are provided based on the current technological capabilities and other prevailing conditions. While we have taken extensive measures to ensure the continuity and security of the Services, we cannot fully anticipate or mitigate against legal, technological, and other risks, including but not limited to force majeure events, viruses, cyber-attacks, system instability, third-party service failures, or actions by government or regulatory bodies. These risks may lead to service interruptions, data loss, and other potential losses.

4.13 We shall not be held liable for any damages arising from your inability to access the Services or place or cancel orders on the BitGain Platform due to the following circumstances, which include but are not limited to:

1. a) system downtime for maintenance, as announced by the BitGain Platform;
2. b) Issues related to telecommunications or network equipment failures;
3. c) Natural disasters such as typhoons, earthquakes, tsunamis, floods, as well as power outages, war, terrorist activities, or other force majeure events;
4. d) Any other incidents, including but not limited to hacker attacks, computer virus intrusions or attacks, website or backend maintenance and upgrades, banking-related issues, government regulations or directives, freezing orders issued by any competent authority, and any issues arising from third-party services; and
5. e) Any harm or damages incurred by users or third parties as a result of actions by third parties.

4.14 With respect to the Services provided by BitGain on the BitGain Platform:

1. a) We reserve the right, at our sole discretion, to process, cancel, correct, clawback, or reverse any Digital Asset transactions or transfers, including reversing abnormal transaction outcomes, even if funds have already been debited from your account(s). This may occur in instances of abnormal transactions, market disruptions, or other irregular conditions arising from or related to system failures, platform bugs, network outages, distributed denial of service (DDoS) attacks, other cyberattacks, or unforeseen circumstances. Additionally, we may take such actions in response to tax services requests or other governmental directives, or if we suspect that a transaction may involve money laundering, terrorist financing, fraud, or other financial crimes; is erroneous; or relates to a prohibited use as defined by these Terms. We are under no obligation to reinstate any purchase or sale order at the original price or under the same terms as the canceled transaction; and/or
2. b) We strictly prohibit any form of unfair trading behavior. BitGain reserves the right, at its sole discretion, to take control of your account if you are found to be engaging in price manipulation, insider trading, market manipulation, market distortion, or any other activities detrimental to the market; if you are exploiting the platform’s vulnerabilities or using other unreasonable methods that may harm other users or BitGain; or if you are involved in any other activities that BitGain deems detrimental to the overall health of the market.
3. c) We also reserve the right to take various actions, including but not limited to, closing your accounts, limiting trading activities, halting trading, canceling transactions, rolling back transactions, and returning the relevant Digital Assets to any complainant, in order to mitigate any negative impact on the market. Under no circumstances shall we be liable for any losses you may incur as a result of such actions taken against you.

4.15 We shall not ask for any password or private keys from our users. Accordingly, we shall not be responsible for any losses caused by your transmittal of funds or Digital Assets, as applicable.

4.16 Users acknowledge and agree that we retain the sole discretion to delist any Digital Asset from the BitGain Platform.

4.17 Regarding the handling of abnormal transactions, by using the Services, you accept and recognize the possibility of service interruptions or disruptions due to connectivity issues with Digital Asset networks or other force majeure events. Users are responsible for ensuring that all information provided is accurate. We do not accept liability for any losses incurred due to the situations mentioned above if you provide incorrect information, which prevents us from contacting you to explain the handling procedures.

4.18 We reserve the right to inquire into the purpose and background of users utilizing our products or services. Users are required to provide complete and accurate information as requested. If we have reasonable grounds to believe that a user has supplied false information, we reserve the right to temporarily or permanently restrict the user from accessing some or all of the Services.

4.19 Any Digital Asset you purchase using a debit or credit card will be credited to your account, and our obligation in this regard is considered fulfilled once the purchased Digital Asset is reflected in your account. We are not responsible for any losses that may occur after this point, and you are solely responsible for managing those Digital Assets once they have been credited.

5. Chat Service

5.1. Chat Service Availability: We may offer an interactive online chat service (“Chat Service”) as part of your use of BitGain Services. This service might involve interacting with automated systems or non-human entities. We will disclose the use of such systems as required by law. By using the Chat Service, you consent to us monitoring and recording your interactions.

5.2. Information Provided: The Chat Service is intended to assist you in understanding the BitGain Services. While we strive to provide accurate and up-to-date information, communications through the Chat Service do not constitute a legal agreement, guarantee, or warranty regarding our Services, processes, decisions, or response times. Any personal data shared via the Chat Service will be handled according to our Privacy Policy.

5.3. User Interaction: We may also provide chat options that allow you to interact with other users on the Platform (“User Chat”).

5.4. Prohibited Use: You must not use the Chat Service or User Chat to send any abusive, defamatory, deceptive, or inappropriate messages, or messages intended to manipulate the market or spread false information. Such actions may result in the termination of your Chat Service access and potential restrictions on your use of BitGain Services.

6. Fees and Payments

6.1 Fees may be incurred for part of the Services provided by us to you. By using our Services, you agree to incur these fees.

6.2 If you do not agree with any fees charged, you may stop using one or more of the Services immediately. You are still responsible for any fees incurred up to the date of termination of the Services.

6.3 Unless otherwise stated or agreed, you agree that we have the right to automatically and without prior notice deduct the above-mentioned service fees directly from the assets of your account.

6.4 If you do not pay in full and on time, we reserve the right to interrupt, suspend, freeze or terminate your account.

6.5 Fee payment: You agree to pay all applicable fees related to your use of the Services as outlined on the Fee Structure page of our website or communicated through relevant Terms and inform you via email sms or other channels. We are authorized to deduct  trading fees, management commissions, service fees from your Account, although some cases may vary. If you owe us fees in one type of Digital Asset and do not have a sufficient balance in that asset, we may convert other assets you hold to cover the amount owed. If your account does not have enough assets, any outstanding amount will be considered a debt owed to us, which you must pay in a commercially reasonable manner. If you owe fees we might restrict your account in case of outstanding payments. We are not authorized to deduct legal and compliance fees, commissions or charges from your Account

6.6 Fee adjustments: We may modify our fees periodically as described in these Terms. BitGain has the right to set and modify its fee structure at its discretion. We may also start charging fees on free services. 

6.7 Calculations. All calculations performed by us regarding the Services are final and binding, except in cases of obvious error. Calculations will be conducted based on the stated methodology for the relevant Service, using our best judgment.

6.8 Additional fees and charges:

We offer a variety of transfer-in and withdrawal channels.

You are responsible for paying any additional fees charged by financial service providers, financial institutions, customs authorities, tax agencies, or other governmental entities. We will not process a transfer if the associated fees are not confirmed and paid. You may be required to transfer additional fiat funds to cover such fees in order to complete the transaction. We have no control over, nor will we be liable for, any fees charged by these financial service providers, financial institutions, customs authorities, tax agencies, or other governmental entities.

7. Subscription for platform features

7.1 Subscription services: we offer various subscription-based features on the Platform, including but not limited to AI driven Arbitrage Exchange, Arbitrage Strategies, AI Bots, AI Analytics, AI Price Prediction, Rewards Programs, and Staking Plans (“Subscription services”). By subscribing to any of these features, you agree to pay the applicable subscription fees as outlined on the Platform. Each subscription is subject to the specific terms and conditions associated with the chosen feature.

7.2 Risk-Free trial: All Subscription Services include a risk-free trial period, the duration of which is specified at the time of subscription. During this trial period, you may use the selected Subscription Services, and the full amount of your subscription fees will be credited to your Platform Account with risk management coverage. If you do not wish to continue with the subscription after the trial period, you must cancel the subscription before the trial period ends to avoid being charged.

7.3 Subscription fees: After the expiration of the risk-free trial period, the applicable subscription fees will be automatically charged to your account. These fees are non-refundable, except as otherwise provided by applicable law or as stated in the specific terms of the subscription. You are responsible for ensuring that your payment information is accurate and up-to-date to avoid any disruption in the Subscription Services.

7.4 Renewal and cancellation: Subscriptions will automatically renew with new Platform Features according to your Account. You may cancel your subscription only after the risk-free trial period has ended and not earlier than 7 days thereafter, through your account settings on the Platform. Upon cancellation, you will continue to have access to the Subscription Services until the end of the current subscription period, after which access will be terminated.

7.5 Risks and disclaimers: While we strive to provide accurate and effective tools and strategies through our Subscription Services, you acknowledge that these services, including Arbitrage Exchange, Arbitrage Strategies, AI Grid Bot, AI Analytics, AI Price Prediction, Rewards Programs, and Staking Plans, are subject to market risks and uncertainties. We do not guarantee any specific outcomes, and you assume all risks associated with the use of these services. The performance of these tools and strategies may vary, and past performance is not indicative of future results.

7.6 Termination of subscription services: We reserve the right to modify, suspend, or terminate any Subscription Service at any time, with or without notice. 

7.7. Chargeback prohibition: Cancellation of a subscription by the client cannot be initiated as a chargeback under any circumstances. By subscribing to our services, you have been granted access to BitGain’s intellectual property (“Intellectual Property” as defined in these Terms) for the Platform features. Access to this intellectual property constitutes the receipt of services and value, and therefore, chargebacks are not permitted. Any attempt to initiate a chargeback will be considered a breach of these Terms and may result in legal action or the suspension of your account.

7.8 Governing law: All subscriptions are subject to the applicable laws and regulations governing the jurisdiction in which the Platform operates. Any disputes arising from or related to the Subscription Services will be resolved in accordance with the dispute resolution provisions set forth in these Terms.

8. Access control

8.1. Restriction of access: Access to and use of your Accounts shall be strictly limited to you, or, in the case of Corporate Accounts, to the specific individuals or entities (“Permitted Users”) explicitly authorized by you. You agree to ensure that access to your Accounts is strictly controlled and that no unauthorized individuals or entities are permitted to access or use your Accounts. You further agree that all usage of your Accounts shall be in full compliance with these Terms and Conditions, and any violation of this provision shall constitute a material breach of these Terms.

9. Account details and transaction records

9.1 Accuracy and maintenance of Information: You hereby acknowledge and agree that it is your sole responsibility to ensure that all information provided in connection with your BitGain Account, including but not limited to personal details, contact information, and any other data pertinent to your account and transactions, is accurate, complete, and up to date at all times. You agree to promptly update your information to reflect any changes. Failure to maintain accurate and complete information may result in limitations on your account usage or other consequences as outlined in these Terms and Conditions.

9.2 Record keeping and review: We shall maintain records of your transactions and account activity in accordance with our standard practices and applicable legal and regulatory requirements. You are responsible for regularly reviewing these records, which will be made available to you through your account interface or by other means as we may provide. You agree to promptly notify us in writing of any discrepancies, errors, or issues you identify in such records. Failure to report any discrepancies or issues within a reasonable time frame may be deemed as acceptance of the records as accurate and may limit your ability to dispute such discrepancies in the future.

9.3. Reviewing Account History: You can view your Account History on the Platform. It’s important to check this history carefully and notify us of any unfamiliar or incorrect entries within fourteen (14) calendar days from when the history is made available.

9.4. Rectifying Mistakes: We reserve the right to correct errors in your Account History at any time and may cancel, reverse, or adjust any Transaction impacted by Manifest Errors. You agree that in cases of Improper Intent or manifest errors, BitGain is entitled to:

1. cancel or void transactions: treat transactions as if they never occurred.
2. adjust transaction values: modify the price(s) to align with the current market rates, with notification provided.

If a transaction is canceled, we will reverse related Digital Asset transfers. If amended, we will confirm the updated terms and adjust Digital Assets accordingly.

You are responsible for any transactions with third parties related to or based on Transactions that are canceled or amended.

9.5. Disclosing Information: We may be required to share details about your Account and its history with third parties or Affiliates in accordance with these Terms or Applicable Law. You consent to such disclosures. For information on how we handle your personal data, refer to our Privacy Notice.

10. Managing your account

10.1. Submitting instructions: Ensure all Instructions are complete and accurate. We are not required to verify the details or validity of Instructions and will not check for duplicates. If there is any doubt about an Instruction’s accuracy, we may refuse or delay processing it and may request additional information. Instructions are final once submitted unless we provide written consent for changes. Our records of Instructions are definitive.

10.2. Processing instructions: By submitting an Instruction, you authorize us to carry out the Transaction on your Account. We are permitted to credit or debit Digital Assets as per your Instruction. If your balance is insufficient to cover the Transaction and associated fees, we may 

10.3 We may, from time to time and depending on your location, offer various options of transfers-in and withdrawals, including but not limited to wire transfers, SEPA (or equivalent payment services), or indirect transfers through a Payment Service Provider (“PSP”) and/or any linked bank accounts or credit/debit cards. Any currency transferred into your Account(s) may be placed on hold until the transaction is fully cleared. The name on the bank account or credit/debit card used for such transfers must match the name verified on your Account.

For eligible users, SEPA transfers-in may be available for immediate use in your Account, and you will receive an email confirmation with transaction details upon authorizing any SEPA transaction. However, the funds and any digital assets purchased with them may be subject to a withdrawal hold period of up to thirty (30) business days, or longer, depending on your risk profile, as determined at our sole discretion (“Withdrawal Hold Period”). Once the Withdrawal Hold Period is fulfilled, you will be permitted to withdraw these funds and any associated digital assets. If a SEPA transfer-in is recalled or returned and the pre-credited funds have already been utilized, we will debit your Account by the equivalent amount. Should this result in a negative balance, you are required to restore your balance to a positive amount by transferring-in additional funds or selling digital assets. Failure to do so promptly may result in us exercising remedies provided under these Terms, including but not limited to debiting, converting, or liquidating assets in your Account at market rates until the negative balance is resolved, subject to applicable law.

You acknowledge that these transfer-in and withdrawal options may not be processed outside of normal banking hours and that settlement times may be influenced by bank holidays, the internal processes of your bank or ours, jurisdictional factors, or other delays beyond our control. You further acknowledge that you are solely responsible for any negative balance resulting from such delays.

10.4. Deposits of Digital Assets will generally be credited to your Account(s) after the requisite number of network confirmations have been completed on the blockchain for the respective digital assets, as determined solely at our discretion. Withdrawals of digital assets will typically be executed according to the processing speed of the relevant digital asset network. You acknowledge and agree that digital assets do not constitute legal tender, are not government-backed, and are not protected by any deposit insurance or securities investor protection schemes. You further acknowledge that delays or disruptions in digital asset deposits or withdrawals may occur due to network issues or other factors beyond our control or the control of third parties, for which we bear no liability.

When transferring digital assets into or initiating withdrawals from your Account(s), it is your responsibility to ensure that all necessary steps have been taken to guarantee the correct execution of the transfer or withdrawal. This includes verifying that the wallet address involved in the transfer or withdrawal is under your ownership or control and that the transaction is accurately reflected in your Account(s). You also agree to provide any required information to us to facilitate the transfer or withdrawal process.

10.5. Transfer-in and withdrawal Procedures: Provided you meet the Terms and have sufficient balance without holds, you can request withdrawals to an external wallet address. Upon request, BitGain will deduct the amount from your balance and initiate the transfer. Withdrawals may be suspended if required by law or to resolve Platform issues, resuming once resolved.

We reserve the right to investigate, freeze, or otherwise restrict user accounts and assets in compliance with directives or requirements issued by any relevant judicial, administrative, or military authorities, including but not limited to law enforcement agencies, prosecutorial bodies, courts, customs authorities, and tax agencies.

11. Margin loan. Credit funds

11.1 A Margin Loan is a financial arrangement whereby clients borrow funds by pledging their existing assets, such as Digital Assets, as collateral. This loan enables clients to leverage their current holdings for the purchase of additional assets or other purposes. The collateral’s value may fluctuate, and in the event of a significant decline BitGain may require the client to provide additional collateral or make a partial repayment of the loan.

Clients are legally obligated to repay the full amount of the Margin Loan, including all accrued interest and associated fees, irrespective of the performance or value of the collateralized assets. Should the client fail to meet the repayment terms BitGain is entitled to liquidate the collateral to satisfy the outstanding debt. If the proceeds from the liquidation are insufficient to cover the full loan balance, the client remains liable for the deficiency.

11.2. Credit funds refer to the amounts provided by BitGain to clients as a form of credit, which can be used to facilitate trading activities, including the purchase of contracts and other financial instruments and activities. Clients are legally obligated to repay the credited amount in full, along with any associated interest and fees, within the agreed-upon terms. The credit can be utilized for trading purposes, such as entering into contracts or fulfilling other financial obligations on the platform. Failure to repay the credit as agreed may result in the company taking appropriate measures, including the liquidation of assets to recover the outstanding debt.

12. Conducting transactions

12.1. Transaction Engagement: You may enter Transactions directly with us or other users, which may be facilitated by the Platform. We do not guarantee that any Transaction will be completed successfully or within a specific timeframe.

13. Managing transactions

13.1. Unauthorized activities: you are responsible for managing and monitoring your Account. Any actions taken through your Account will be considered authorized by you or a Permitted User unless you state otherwise. It is crucial to regularly check your Account History to detect and report any unauthorized or unusual activities as soon as possible. We will not be liable for any losses or claims resulting from unauthorized activities unless you notify us promptly and our internal investigation verifies that neither you nor a Permitted User authorized the activity, even if it was due to an error, negligence, or fraudulent actions, and that the unauthorized activity was caused by a technical issue..

13.2. Data preservation: to adhere to international standards for data retention, you agree to permit us (though not obligate us) to maintain records of all Transaction data for the duration of your BitGain Account’s existence, or for any period required by applicable laws, as long as it is necessary for its intended purpose. For details on how we handle data, please refer to our Privacy Policy.

14. Coverage and Safeguard policy for Digital Assets

14.1. BitGain offers an optional Coverage and safeguard Policy designed to protect your digital assets, including cryptocurrencies. Insurance is not mandatory, it provides an additional layer of protection against various risks.

14.2. Coverage and safeguard Policy offers insure Your Digital Assets:

1. a) Comprehensive protection: Insurance safeguards your assets against potential breaches, hacks, or unforeseen system failures
2. b) Loss mitigation: In the event of an incident, the insured assets are covered, thereby reducing your financial exposure.
3. c) Guaranteed recovery: In the event of a covered incident, the insured value of your assets is recoverable
4. d) Priority support: Insured clients receive priority access to customer support and expedited incident resolution.
5. e) Asset stability: The insurance policy helps stabilize your portfolio by mitigating the impact of market volatility.

14.3. Covered Incidents for Insurance of Digital Assets:

A “Covered Incident” under this Insurance Policy includes specific events that result in the loss or compromise of your digital assets. These incidents include:

1. a) Cybersecurity breaches: unauthorized access to your account due to hacking, phishing attacks, or other forms of cyber intrusion that result in the loss or theft of your digital assets.
2. b) Smart contract failures: Malfunctions or vulnerabilities in smart contracts that result in the loss of digital assets during transactions.
3. c) Fraud: Theft or loss of assets due to fraudulent internet activities .
4. d) Transfer errors: Loss of digital assets due to mistakes in wallet addresses or transaction details that lead to irreversible transfers.
5. e) Physical loss: Loss of access to digital assets due to the physical theft of devices (e.g., hardware wallets) or the destruction of backup keys.
6. f) Service provider outages: Losses incurred due to prolonged or permanent outages of third-party service providers (e.g., custodians, payment processors) that result in the inability to access or recover your assets.
7. g) Data corruption: Loss of digital assets due to corruption or loss of critical data related to your digital holdings, including private keys or transaction records, caused by system failures or software bugs.
8. h) Delayed transaction confirmations: Losses incurred from significant delays in transaction confirmations, leading to failed or reversed transactions that result in asset loss.
9. i) Chain splits (Forks): Loss of assets due to chain splits (hard forks) where transactions are invalidated or assets are lost during the process of managing or converting assets across different blockchain versions.

14.5. Cost of Insurance:

1. The insurance policy is available at a rate of 10% of the total value of the assets under management. 
2.  Post-Incident Insurance. In some cases, where our internal block confirmations are utilized during transactions, insurance can still be applied after an incident has occurred. In such cases, the cost of insurance may increase to up to 25% of the assets at risk. This higher rate reflects the increased risk and potential loss already incurred.

15. Conflicts and Interests

15.1 Network: you recognize that it is part of a larger group involved in activities related to Digital Assets.

15.2. Duty nature: you acknowledge and accept that our relationship and any Service we offer, or any other matter, will not create any legal, equitable, or fiduciary obligations on our part or that of any Affiliate, except as expressly stated in these Terms. Specifically, we and any Affiliate may operate in various roles and may earn fees or commissions from multiple clients (including you).

15.3. Significant Interests: You understand and agree that neither we nor any Affiliate will be required to: a) consider any information known to us or any Affiliate as a significant interest; (b) disclose such information to you; or (c) use such information for your benefit. You also acknowledge that we may receive general market data while providing BitGain Services, which we may use in our regular business activities.

15.4. Conflict management: We have established and uphold effective systems and procedures to identify and manage conflicts of interest between us, our clients, and relevant third parties, aiming to prevent any negative impact on client interests. If our systems and procedures are not sufficient to prevent risks to your interests, we will inform you of the nature and sources of these conflicts and the actions taken to mitigate those risks, allowing you to make an informed decision about continuing transactions with us. We reserve the right to refuse to act for you if we are unable to manage a conflict of interest in any other manner.

16. Transaction restrictions

16.1. Transaction limits: your BitGain Account may be subject to restrictions on:The quantity or volume of Transactions you may perform in connection with your BitGain Account; and/or The amount or value of currency or Digital Assets you may transfer-in or withdraw from your BitGain Account,within a defined period (e.g., daily). Any applicable restrictions will be indicated in your BitGain Account.

16.2. Adjusting limits: we reserve the right to alter any Transaction restrictions applied to your BitGain Account at our sole discretion. You may also request a change to your limits. Any modification will be at our discretion and subject to additional conditions we deem necessary.

17. Supported Cryptocurrencies

17.1. Available Cryptocurrencies: The Services are exclusively offered for cryptocurrencies that we currently support, which may be updated periodically. You can find the list of supported cryptocurrencies on our website. We reserve the right to add or remove cryptocurrencies from this list. If we discontinue support for certain cryptocurrencies, you will be notified, and you will only be able to withdraw those assets from your Account. Should unsupported cryptocurrencies remain in your account past the given deadline, we may convert them into a stablecoin at its discretion. We will notify you before any conversion occurs, and you will have a chance to withdraw these assets within a set period before the conversion. We are not liable for issues arising from unsupported cryptocurrencies or the conversion process. If unsupported cryptocurrencies are sent to an Account or if supported cryptocurrencies are sent to an incompatible wallet address, those assets will be lost. In some cases, BitGain may offer a recovery attempt, charging fees for this service. Fees will be disclosed before you authorize the recovery attempt. We cannot guarantee the recovery of any specific amount or assure the authenticity and security of unsupported cryptocurrencies. We are not responsible for any losses incurred during the recovery process or from using recovered cryptocurrencies.

17.2. Network upgrades: We may temporarily pause services related to a cryptocurrency while we decide whether to support an upgrade or Fork. We are not required to support any network upgrade of a cryptocurrency, even if the resulting cryptocurrency is a leading one. If we choose to support an upgrade, we will announce it on our website or through other appropriate channels. We cannot control or influence the creation or implementation of network upgrades and cannot guarantee the safety, functionality, or availability of any resulting cryptocurrencies. You may be unable to trade upgraded cryptocurrencies on our Platform, and any value associated with the upgrade may be lost.

17.3. General updates: BitGain makes no promises or guarantees regarding the results of or support for potential upgrades, Forked Cryptocurrencies, or Airdrops. We may decide at our sole discretion whether to claim, list, or distribute any Airdrop, Forked Cryptocurrency, or other cryptocurrency, including setting the terms and conditions for any such activities. To participate in an upgrade or Airdrop, you should transfer the affected cryptocurrencies to your private wallet well before the event.

17.4. Secured cryptocurrencies: occasionally, we may support cryptocurrencies that are claimed to be backed by or pegged to other assets, such as other cryptocurrencies, Fiat Currency, or commodities like gold or silver (“Secured Cryptocurrencies”). You agree that (a) you have reviewed and understood all terms, conditions, and risks associated with each Secured Cryptocurrency before engaging in any transactions, and (b) BitGain has no obligation to buy, repurchase, or facilitate the redemption of Secured Cryptocurrencies. We may alter, suspend, or terminate any services related to Secured Cryptocurrencies at our discretion. We do not guarantee the value stability of Secured Cryptocurrencies or the quality of reserves or collateral held by issuers or third parties.

18. Account protection

18.1. Your obligations. You are responsible for ensuring your hardware and data are protected from viruses, malware, and other harmful software. We are not liable for any losses or claims resulting from your failure to adhere to these responsibilities.

18.2. Security protocols. You and any authorized users must maintain stringent security and oversight of all your login credentials. It is your responsibility (or the responsibility of your authorized users) to ensure the safety of your BitGain Account and keep your login credentials secure by:

1. a) Adhering strictly to all of our security protocols and procedures.
2. b) Creating a robust password and managing the security of your login credentials.
3. c) Keeping your registered email and phone number updated to receive any notifications or alerts we may send.
4. d) Avoiding remote access or sharing your computer and screen with others while logged into your BitGain Account.
5. e) Understanding that we will never ask you to share your passwords or two-factor authentication codes.
6. f) Logging out from our sites or platform after each session.

 You must safeguard your email account and login credentials against unauthorized access and potential attacks. Notify us immediately if you suspect or become aware of any security breaches involving your email account or that of an authorized user, or if there is any unauthorized use of your or an authorized user’s email account.

18.3. Reviewing account activity. Regularly monitor your account history to detect and report any unauthorized or suspicious activities as quickly as possible. Be aware that security breaches may lead to unauthorized access to your BitGain Account and the potential loss or theft of any digital assets and funds in your account or associated accounts, including linked information

18.4. Responding to security issues

 If you suspect a security breach, you must:

Immediately notify us using the contact details provided in section 3, and continue to provide accurate and current information throughout the duration of the breach.Take any additional actions we reasonably require to manage, mitigate, or report the security breach.We reserve the right to request and you agree to promptly provide any relevant information and documents concerning an actual or suspected security breach. Additionally, you agree that we may share this information with any third parties necessary to investigate or resolve the breach.

19. Data Privacy

19.1. Privacy Policy. Our handling of personal data in relation to these Terms, the BitGain Services, the Platform, and any Site is governed by our Privacy Policy (which may be updated periodically). You acknowledge that we may process personal data you have provided or that we have collected in connection with these Terms, as described in our Privacy Policy. This Privacy Policy is part of these Terms. You agree that:

You have read and understood our Privacy Policy. Our business and Privacy Policy may change, and you will review any updated Privacy Policy promptly if provided.

20. Modifications to Terms

20.1. Updating Terms. We reserve the right to modify these Terms and any incorporated terms at any time. Your continued use of the BitGain Services signifies your acceptance of these changes. Updated Terms will be posted on our website and may also be communicated to users via email, the app, or other methods we choose. Generally, we will notify users before changes take effect. However, some changes may take effect immediately, with users being informed as soon as possible afterward. Immediate changes may occur due to:

Legal and/or regulatory requirements.Clarifications to make these Terms more understandable.

20.2. Adjustments to fees. We may also alter the fees listed on the Fees page of our website, which may include adding new fees or charges. If you do not accept these changes, you may close your Account as detailed in section 20.1. Continued use of the Services will be deemed acceptance of the updated fees.

20.3. Effectiveness of Changes. Except for changes that take immediate effect, updates to the Terms will become effective after being communicated to users. If you do not accept the changes, you may close your Account detailed Section 20.1. Continued use of the Services will be deemed acceptance of the revised Terms.

21. Closure of your BitGain Account

21.1. Account termination rights. You may terminate your Account at any time by following the account termination procedures specified by us. Termination will not incur any charges, but you must settle any outstanding amounts owed. You authorize us to cancel or suspend any pending transactions and deduct any amounts due from your Account at any time by following the account termination procedures specified by us. Termination will not incur any charges, but you must settle any outstanding amounts owed. You authorize us to freeze, cancel or suspend any pending transactions and deduct any amounts due from your Account.

1. Account closure may be restricted in the following circumstances:
2. Attempting to evade an investigation by relevant authorities;
3. A pending transaction or an open claim exists;
4. Outstanding amounts are due to us;
5. The account is subject to a freeze, hold, limitation, or reserve.

21.2. Post-Closure Requirements. Upon closing your BitGain Account, you must withdraw all Digital Assets held within it. If you do not withdraw these assets or fail to access your account for a continuous period of 30 days, we will notify you of our intention to classify your account as dormant.

21.3. Handling Dormant Accounts. If you do not respond to the notice specified in Section 19.2 within 30 days, we may:

1. Designate your BitGain Account as dormant;
2. Convert the Digital Assets into a different type of Digital Asset. We will not be liable for any resulting loss of profit, tax obligations, or other expenses;
3. Transfer the dormant account and/or Digital Assets to a third party (including another BitGain Affiliate, third-party custodian, or isolated wallet) if deemed necessary. You may retrieve your assets by satisfying the relevant third party’s verification requirements;
4. Adjust the dormant account to provide a contractual claim on the quantity and type of Digital Assets previously held;
5. Impose a dormant account fee to cover maintenance costs with us or a third party, with such fees deducted monthly from the dormant account;
6. Close the dormant account at any time. 

You acknowledge that we will not be obligated to pay any rewards, incentives, or interest that might have been applicable to your dormant account under theseTerms.

22. Termination, suspension, holds, and restrictions

22.1. Our authority. We reserve the right to modify or discontinue any part of the BitGain Services, either temporarily or permanently, at our discretion. Specifically, we may:

a)Refuse to complete, block, cancel, or reverse any authorized transaction, as permitted by Applicable Law;

1. b) Terminate, suspend, or restrict your access to any or all of the BitGain Services;
2. c) Terminate, suspend, close, hold, or restrict access to any or all of your BitGain Account(s);
3. d) Refuse to transmit information or instructions to third parties, including wallet operators;
4. e) Take any action we deem necessary with immediate effect and for any reason, including but not limited to:

1. Ineligibility to use one or more BitGain Services;
2. Reasonable suspicion that:

1. aa) The person accessing your BitGain Account is not you, or the account is being used for illegal, fraudulent, or unauthorized purposes; 
2. bb) The person accessing your BitGain Account is not a Permitted User, or the account is being used for illegal, fraudulent, or unauthorized purposes
3. cc) Multiple individuals are accessing or transacting using the same BitGain Account, or the account is being used for illegal, fraudulent, or unauthorized purposes;
4. dd) The information provided is incorrect, misleading, outdated, or incomplete;

1. Reasonable concerns regarding your creditworthiness or financial status, including but not limited to:

1. aa) If you become bankrupt, mentally incapacitated, commit an act of bankruptcy, or have bankruptcy proceedings initiated against you;
2. bb) If you propose or make a compromise or arrangement with or assignment for the benefit of creditors;

1. Compliance with Applicable Law or directives from courts or regulatory authorities;
2. Determination or suspicion of: 

1. aa) Breaches of these Terms or any Terms
2. bb) Breaches of any warranties or representations made 

cc)Unauthorized, erroneous, fraudulent, or unlawful transactions, or the use of BitGain Account or Services in a fraudulent or unlawful manner;

1. dd) Instances of money laundering, terrorist financing, fraud, or other crimes related to your BitGain Account or Services;

1. The use of your BitGain Account being subject to litigation, investigations, or regulatory proceedings, or perceived heightened risk of non-compliance;
2. Outstanding amounts owed to BitGain that remain unsatisfied, including chargebacks, credits, margin loans or other bases;
3. Undeliverable email communications;
4. Issues with identity verification;
5. Actions taken to circumvent our controls, such as opening multiple BitGain Accounts without consent or abusing promotions;
6. Any other valid reason necessitating action.

22.2. Understanding our actions. You acknowledge that: The examples in Section 20.1 are not exhaustive;

Our decisions to terminate, suspend, or restrict access may rely on confidential criteria essential to our risk management and security. We are not obliged to disclose the specifics of these procedures.

22.3. Consequences of our actions. If we terminate, suspend, or restrict your access:

1. Any open instructions, trades, or transactions may be closed by you or us, depending on the situation;
2. Chargebacks may lead to immediate suspension or restriction;
3. Reactivation may require payment for chargebacks and outstanding amounts;
4. You are responsible for any amounts related to chargebacks, and we may deduct costs and fees directly from your BitGain Account without prior notice.

22.4. Handling suspected unlawful possession. If we believe that any Digital Assets or Fiat Currencies in your BitGain Account are stolen or unlawfully possessed, we may place a hold on those assets or the entire account. This hold will remain until satisfactory evidence of lawful possession is provided. We will not get involved in disputes concerning the Digital Assets or other currencies.

22.5. Service availability in different jurisdictions. Access to BitGain Services may be limited based on your location, and we may alter the services available to you. If you travel to a restricted location, access may be blocked. You must not attempt to bypass such restrictions, including using virtual private networks to alter your IP address.

23. Intellectual Property (IP)

23.1. Ownership of IP All intellectual property rights in the IP. All intellectual property rights will remain exclusively with BitGain.

23.2. License for IP. We grant you anon−exclusive, revocable license for the duration of these Terms, or until your access to the Services is suspended or terminated (whichever comes first), to use the BitGain IP, excluding the Trademarks. This license is granted solely for your non-commercial personal or internal business use, and in accordance with these Terms.

23.3. License for User IP

1. a) Grant of License:You grant us a perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to use the User IP as necessary for:

1. Integrating with or utilizing any Created IP; and
2. Providing you with the BitGain Services.

1. b) Sub-Licensing Rights: This license includes our right to sub-license the User IP to third parties as needed for us and any Affiliates or the Services or any part thereof.
2. c) Created IP

 1) Ownership of Created IP: All rights to the Created IP will automatically vest in us upon creation.

2) Assignment of Rights: You agree to assign to us, and to ensure that any agents, representatives, or contractors also assign, all current and future rights and interests in the Created IP. You will, upon request, sign or execute any necessary documents and take all required actions, without charge, to perfect these assignments.

24. General provisions

24.1. Responsibility for user material. You acknowledge that: we are not responsible for any User Material, whether provided by you or third parties, that may be available on the Platform or Sites; Any use of such user material is at your own risk, and we make no warranties regarding its content.

24.2. Rights to modify or remove content. We reserve the right to, at our sole discretion: Remove, modify, or reject any content you submit, post, or display on the Platform or Sites, including User Material;

Take any appropriate action, which may include issuing warnings, removing User Material, seeking damages or compensation, suspending or terminating your Account, or restricting access to the Platform and/or Sites; Ban you from future use of any Account, or restricting access to the Platform and/or Sites; Ban you from future use of any Services.

24.3. Recording of communications. You consent to the recording of any communications between you and us, whether conducted electronically, via telephone, calls, or other means, in relation to these Terms. Such recordings will serve as evidence of interactions between you and us. 

25. Prohibited uses 

When you open a BitGain Account or engage in any Transaction, you agree, without limiting any other restrictions outlined in these Terms, that you and any Permitted User will not:

25.1. Breach of Terms. Violate these Terms or any associated agreements, including but not limited to, any Product Terms.

25.2. Prohibited activities. Use the BitGain Services in ways that contravene our Prohibited Use Policy. Utilize BitGain Services for resale or commercial purposes, including transactions on behalf of others, unless explicitly permitted by us in writing. Engage in actions designed to manipulate the price of any Digital Asset (e.g., market manipulation tactics such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, or spoofing), regardless of legality.

25.3. Fraudulent conduct. Engage in fraudulent activities or cause us to suspect fraudulent activities and/or Transactions.

25.4. Gambling and lottery. Use BitGain Services for conducting or participating in lotteries, gambling, bidding fee auctions, sports forecasting, fantasy sports leagues with cash prizes, internet gaming, contests, sweepstakes, or other games of chance.

25.5. Financial irregularities

1. a) Receive or attempt to receive funds from both us and another user for the same Transaction; b) Conduct your business or use Services in a way that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liabilities; and c) Allow your Account to show a negative balance or a deficit in Digital Assets

25.6. Providing false information. Provide false, inaccurate, or misleading information in connection with your use of BitGain Services, in communications with us, or otherwise related to these Terms.

25.7. Unauthorized access and automation

1. a) Use automated tools like deep links, web crawlers, bots, spiders, or similar methods to access, copy, or monitor the Platform; b) Attempt unauthorized access to any part of the Platform or Services, or hack in to our servers or networks; c) Probe or test the vulnerabilities of Services, or hack into our servers or networks; d) Track or seek to track other users’ information; e) Impose an unreasonable load on our infrastructure; f) Interfere with the normal operation of BitGain Services; or g) Forge headers or manipulate identities to disguise the origin of messages.

24.8. Modification and reverse engineering

1. a) Modify or adapt any part of the Platform; b) Disassemble, decompile, or reverse-engineer the Platform or any of its components; c) Create derivative works or otherwise exploit BitGain IP in unauthorized ways.
2. b) Malware and unauthorized software. Introduce or use viruses, Trojan horses, worms, or other harmful routines that could damage or interfere with systems, data, or information in connection with BitGain Services.
3. c) Anonymizing tools and proxy use

1) Use anonymizing proxies; 2) Employ temporary or disposable email addresses for opening an Account or using Account or using Account or using Services; 3) Use devices or routines to bypass our security measures or interfere with our services; 4) Take actions that could disrupt our services or relationships with internet service providers.

1. d) Unauthorized security interests. Create any security interests over your Digital Assets held in your BitGain Account without our prior written consent.
2. e) Legal and intellectual property violations

1) Violate any Applicable Law; 2) Infringe on any third party’s intellectual property rights, including copyrights, patents, trademarks, trade secrets, or rights of publicity or privacy.

1. e) High-Risk Jurisdictions and Individuals. Access or use Services from jurisdictions deemed high−risk by Services from jurisdictions deemed high-risk by Services from jurisdictions deemed high−risk by or individuals/entities listed on restricted lists maintained by authorities such as the United States, United Kingdom, European Union, or United Nations.
2. Representations and warranties

25.1. Accuracy of provided information. You represent and warrant that all documents and information you provided are accurate, complete, and up-to-date. This information will be relied upon to determine your eligibility to access the Platform and use the BitGain Services.

25.2. Independent decision-making. You affirm that all decisions regarding these Terms are based solely on your independent judgment, considering your financial resources, risk tolerance, and financial goals.

25.3. Authority and capability. You confirm that you have the necessary power, authority, and capacity to a) access and use the Platform and/or the BitGain Services, and b) enter into, deliver, and fulfill your obligations under these Terms and related agreements.

25.4. Required consents and approvals. You have obtained and disclosed all necessary consents, permissions, and authorizations required to a) use the Platform and BitGain Services, and b) perform Transactions as outlined in these Terms.

25.5. Binding nature of terms. These Terms and related agreements are valid, legally binding, and enforceable

25.6. No restricted person status. You affirm that you are not classified as a Restricted Person.

25.7. Entity status verification. You are at least 18 years old.

25.8. Compliance with Internal documents. Your use of the Platform and BitGain Services, and your performance under these Terms will not:

1. a) Violate any internal constitutive documents.
2. b) Breach or default under any binding agreements or instruments.
3. c) Lead to a breach of Applicable Law or regulatory requirements.
4. Technology disclaimers

26.1. No guarantee. The BitGain Services and related information are provided “as is” without any express or implied warranties, including those of merchantability or fitness for a particular purpose. We do not guarantee uninterrupted or error-free access to the Platform or Services.

26.2. Access suspension. We may suspend access to your Account and/or Account and/or Account and/or Services for maintenance. While we aim to process transactions/orders promptly, we cannot guarantee specific processing times.

26.3. Content accuracy. We strive to keep the content on the web-sites and Platform accurate and up-to-date, but we make no warranties regarding the accuracy or completeness of this information.

26.4. Third-party websites. Links to third-party websites are for convenience and are not controlled by us. We are not responsible for the content or services provided on these third-party sites.

26.5. Network and compatibility. You are responsible for securing the necessary network access and compatible hardware or devices for using the BitGain Services. We do not guarantee compatibility or uninterrupted functionality on any specific hardware or devices.

27. Indemnity

27.1. Third-party claims. You agree to indemnify and hold us harmless upon demand from any claims, suits, actions, demands, disputes, allegations, or investigations by any third party, governmental authority, or industry body. This includes all claims, liabilities, damages (actual and consequential), losses (including direct, indirect, or consequential losses, loss of profit, loss of reputation), costs, and expenses, including but not limited to interest, penalties, and reasonable legal fees (“Losses”), arising from:

1. a) Your access to or use of your Account and/or Account and/or Account and/or Services.
2. b) Your breach or alleged breach of these Terms or any related clauses, including Product Terms.
3. c) Your violation of any Applicable Law.
4. d) Your infringement on the rights of any third party.

27.2. Release. You irrevocably agree to release us from all claims and demands (and waive any rights you may have against us now or in the future concerning any Losses) arising from any disputes with other users or third parties related to BitGain Services or these Terms.

28. Liability

28.1. Our liability. Neither we nor any of our Affiliates will be liable for any losses except where such losses arise solely from our gross negligence, willful misconduct, fraud, or significant breach of these Terms. You acknowledge that we are not aware of any special circumstances affecting you. You will not be entitled to additional legal remedies, including injunctions or specific performance

 28.2. Limitations on liability. You agree that neither we nor any of our Affiliates will be liable for:

28.2.1. Any direct or indirect losses, damages, or costs related to:

1) Risks outlined in the Risk Warning.

2) The operation, security, or functionality of Digital Asset protocols.

3) The stability of Backed Digital Assets or the issuer’s reserves.

4) Actions taken under these Terms.

5) Errors or delays in Digital Asset price data.

6) Service interruptions due to maintenance.

7) Theft of devices used for accessing BitGain Services.

8) Actions or breaches by other users or third parties.

9) Damage or interruptions caused by malware or other attacks, hardware failures, or internet issues.

10) Our decision to reject your BitGain Account application.

11) Termination or restriction of access to BitGain Accounts or Services.

12) Transaction limits applied to your BitGain Account.

13) Decisions regarding support for Digital Assets.

14) Inability to contact you with provided information.

15) Closure of inactive accounts.

16) Failure or delay in processing Transactions.

17) Refusal or delay in executing Instructions.

18) Security breaches related to your Email Account.

19) Losses from third-party actions, including fraud or scams involving BitGain as the recipient of Fiat Currency or Digital Assets.

20) Losses from transferring Digital Assets away from our platform at your request.

21) Losses related to new Digital Asset offerings, ICOs, or listing decisions.

22) The correctness, quality, accuracy, security, or continued availability of BitGain Services, delays, or interruptions in access.

23) Transactions or operations purportedly conducted through your Email Account or BitGain Account.

28.3. Losses related to business, profits, anticipated savings, opportunities, or any special, punitive, consequential, or incidental damages arising out of or in connection with our Sites, the Platform, your Account, the Account, the Account, the Services, these Terms, Product Terms, the Privacy Notice, or any related agreements.

28.4. Losses or damages incurred due to Manifest Error, extreme market volatility, or any Transaction cancellations or amendments, whether direct or indirect, special or consequential, including loss of profit or opportunity, even if BitGain was aware of or could reasonably foresee such losses.

29. Responsibility for Security

29.1 Security and malware. We are not responsible for any damage or interruptions caused by computer viruses, spyware, scareware, Trojan horses, worms, or other malware affecting your computer or equipment, or for any phishing, spoofing, or other attacks. We recommend using reputable virus screening and prevention software regularly. SMS and email services are also vulnerable to spoofing and phishing attacks, so exercise caution when reviewing messages that appear to be from us. You and any Permitted Users are responsible to protect

29.2 Clarification regarding fiat currency. For clarity, any balance on your account displayed and denominated in fiat currency does not imply that we directly hold fiat currency. Furthermore, it does not signify that we engage in activities such as receiving, holding, or disbursing Fiat Currency, nor does it indicate that we are involved in deposit-taking, remittance, or similar activities related to fiat currency.

30. Dispute resolution and notification procedures

30.1 Initial resolution efforts. Should you have any concerns regarding the Services, please initially contact. If your concerns are not satisfactorily addressed initially, a ticket number will be issued. This ticket number initiates our internal dispute resolution process. We will endeavor to resolve the dispute internally as expeditiously as possible. Both parties agree to engage in good faith negotiations to resolve the dispute, with such discussions remaining confidential and protected under applicable rules governing settlement discussions

30.2 Formal notice of claim. If the dispute remains unresolved and you wish to pursue a Claim against, you are required to submit a written “Notice of Claim.” The Notice of Claim must: a) detail the nature and basis of the claim or dispute; b) specify the relief sought; c) provide the original ticket number; and d) include your custody account email. Submit the Notice of Claim via the following web address: [https://www..com/en/chat](https://www..com/en/chat](https://www..com/en/chat](https://www..com/en/chat). Following submission, the dispute referenced in the Notice of Claim may be submitted to arbitration by either BitGain or you, as detailed in the subsequent section (Agreement to Arbitrate).

30.3 Prerequisites for arbitration. Submission of a dispute to BitGain for internal resolution and the delivery of a Notice of Claim are mandatory prerequisites for initiating arbitration or any other legal proceedings.

30.4 Confidentiality of settlement offers.During arbitration, any settlement offers made by you or BitGain shall remain confidential and shall not be disclosed to the arbitrator.

30.5. Agreement to arbitrate. Except where applicable law mandates otherwise or provides an alternative, you and BitGain agree that any Claim, subject to the prior provisions outlined in this section (Notice of Claim and Dispute Resolution Period), shall be resolved through mandatory, final, and binding individual arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Rules

30.6. Seat of arbitration.The arbitration shall be conducted in Hong Kong.

30.7. Arbitration tribunal.The arbitration tribunal shall consist of a single arbitrator appointed in accordance with the HKIAC Rules.

30.8. Language of arbitration. The arbitration proceedings shall be conducted in English.

30.9 Arbitrator’s jurisdiction.The arbitrator shall have exclusive authority to rule on their own jurisdiction, including any objections concerning the existence, scope, or validity of the Arbitration Agreement or the arbitrability of any Claim.

30.10 Survival of arbitration provisions. The provisions concerning arbitration outlined in this clause shall survive the termination of these Terms.

30.11 Limitation period for filing claims. Any arbitration against must be initiated by filing and serving a Notice of Arbitration in accordance with the HKIAC Rules within one a) sixty days from the date you first knew or reasonably should have known about the act, omission, or default giving rise to the Claim (“Limitation Period”). This Limitation Period includes the Dispute Resolution Period. No remedy or relief will be available for a Claim if the Notice of Arbitration is not filed and served on within this Limitation Period. If this Limitation Period conflicts with applicable law, any Claim must be brought within the shortest period permitted by law. A Notice of Arbitration may be served on BitGain in accordance with applicable laws and service rules

30.12 Notice of arbitration. If initiates arbitration against you, notice will be sent to the email or mailing address you have provided. Such notice shall be deemed effective for all purposes, including determining the adequacy of service. It is your responsibility to ensure that your email and/or mailing address on file is current and accurate.

30.13. Class action waiver. Individual arbitration. You and BitGain agree that any Claims must be pursued individually and not as part of a class or representative action. You waive any right to participate in a class, collective, representative, or private attorney general action, to the extent permitted by applicable law. Consolidation of individual arbitrations into a single proceeding is not allowed without the explicit consent of.

31. Governing law and jurisdiction

31.1 Applicable law. Except where required by applicable law to provide an alternative, these Terms, including the arbitration agreement, shall be governed by and construed in accordance with the laws of Republic of Singapore.

32. Taxes and compliance with law 

32.1 It is your sole responsibility to comply with tax obligations, to handle any taxes applied to the transactions you conduct through the Services and to collect and remit the correct amounts of taxes to the tax authorities in the proper jurisdiction. You agree that we are not responsible for taxes applicable to your transactions, nor for reporting, withholding, or remitting any taxes arising from such transactions. It is highly advisable that you consult your lawyer or professional adviser to determine your obligations and your tax status.

1. a) Additionally, you agree to comply with all relevant laws of the Republic of Singapore and any relevant laws and regulations in any other applicable jurisdiction(s). Regarding the prevention of terrorist financing and anti-money laundering (“AML”), as well as compliance with laws and regulations in any applicable jurisdiction(s) more generally, we will cooperate with the Competent Authorities and local, regional, national, and multi-national authorities around the world as required, and may provide any information associated with you to such authorities. We may also access and disclose information we have stored associated with you to external third parties if, in our sole discretion, we believe doing so is required or appropriate to protect your, our, or others’ rights, property, or safety; enforce our applicable service terms, user agreement, trading rules, operational rules, policies, or any other agreements; collect amounts owed to us or other authorities; or assist with an investigation or prosecution of suspected or actual illegal activity.
2. b) When using our Services, you acknowledge, represent, undertake, and agree that all your actions on and off this BitGain platform are conducted in a legal and proper manner, and that your sources of Digital Assets and fiat currency are not derived from illegal activities. If, in our sole discretion, we believe that you are in breach of the above representation and undertaking, we may, at our discretion or in coordination with local authorities, customs authorities, tax agencies, or other governmental entities, freeze, restrict, or close out your Account(s) and any fiat currency and Digital Assets held in your Account(s).

32.2. You also agree to adhere to all applicable laws of the Republic of Singapore, as well as any other relevant laws and regulations in other applicable jurisdictions. In relation to the prevention of terrorist financing and anti-money laundering (“AML”), and compliance with laws and regulations in any applicable jurisdiction(s), we will collaborate with the Competent Authorities, and with local, regional, national, and multi-national authorities as required. We may provide any information related to you to such authorities. Furthermore, we reserve the right, at our sole discretion, to access and disclose information associated with you to external third parties if we believe such action is necessary or appropriate to comply with relevant law enforcement, tax agencies, national security requests, or legal processes in any applicable jurisdiction(s).

32.3. Notice procedures. We may send notices via email to your provided Email Account. It is your responsibility to keep this email account current and accurate. Notices sent to your Email Account are considered received, regardless of whether you receive a delivery failure notification. You must direct any notices to us as specified, which may be updated periodically. All notices, consents, or other communications under these Terms must be in writing, in English, and signed or authorized by the sender.

32.4 Official announcements.Official announcements, news, promotions, competitions, and Airdrops will be posted on the Website, sent to you via email, sms or inform you via telephone or chat. These communications are important and may affect the value or security of your Digital Assets. You are responsible for regularly checking the Website and considering these announcements.

32.5 Entire agreement.These Terms, along with any applicable Product Terms, represent the entire agreement between you and us regarding the BitGain Services. Each party acknowledges that it has not relied on any statements, representations, assurances, or warranties outside those explicitly stated in the Terms or Product Terms.

32.6 Assignment and transfer. You may not assign or transfer any rights or obligations under these Terms without our prior written consent, which may involve additional information or enhanced due diligence. We, however, may assign or transfer any of our rights or obligations under these Terms, including in connection with mergers, acquisitions, or other corporate reorganizations involving BitGain.

32.7 Invalidity of Terms.If any provision or part of a provision of these Terms is or becomes illegal, invalid, or unenforceable, the remaining provisions will continue in full force and effect.

32.8 Record keeping. We may record any telephone, email, and chat communications with you, as well as any other forms of communication related to Instructions or Transactions. These recordings will be our sole property and may be used as evidence in any proceedings related to agreements with you.

32.9 Language of Terms.While these Terms may be translated into other languages for your convenience, the English version will prevail in case of any inconsistency or ambiguity.

32.10 Third-Party rights. Except for BitGain Affiliates, no third party shall have any legal or equitable right, remedy, or claim under these Terms. The Terms and its provisions are intended solely for the benefit of the parties involved and their successors and permitted assigns.

32.11 Survival of provisions. All provisions of these Terms that by their nature extend beyond the termination or expiration of these Terms will continue to be effective and binding.

32.12 Relationship of the parties. Digital Assets Management. We record the quantity and type of Digital Assets in your BitGain Account using an internal ledger. When you provide Instructions, we use Digital Assets of the same quantity and type as those credited to your account. You do not have the right to recover any specific Digital Assets, only the same quantity and type as those credited.

32.13 Force Majeure We are not liable for any delay or failure to perform obligations under these Terms if such delay or failure is due.

32.14.Trading Warning: Refers to the warning issued regarding the risks associated with trading cryptocurrencies and digital assets. This includes the potential loss of capital, the necessity to only invest what you can afford to lose, and the importance of understanding the associated risks. It also emphasizes seeking financial advice regarding the risks associated with trading cryptocurrencies and digital assets. This includes the potential loss of capital, the necessity to only invest what you can afford to lose, and the importance of understanding the associated risks.This includes the potential loss of capital, the necessity to only invest what you can afford to lose, and the importance of understanding the associated risks. Note that neither the firm nor investments in crypto assets are regulated by the Financial Conduct Authority or covered by the Financial Services Compensation Scheme.

33. Customer support

For any inquiries or issues regarding BitGain Services, please contact our customer support team through the following official methods: 

1. Email: support@.apaxbit.com
2. Chat: Available on our Official Website and on the Platform

34. Amendments and updates

34.1Amendments.We reserve the right to amend or update these Terms, the Privacy Policy, and any other related documents from time to time. We will notify you of significant changes through the Platform or via email.

34.2 Continued use. Your continued use of BitGain Services after any amendments constitutes your acceptance of the updated Terms and conditions.

34.3 Access to updated Terms.The most current version of the Terms will be available on our Official Website. It is your responsibility to review these Terms regularly.

35. Termination

35.1 Termination by You. You may terminate your use of Services at any time by closing your Services at any time by closing your Services at any time by closing your Account, subject to the completion of any pending Transactions and obligations.

35.2 Termination by BitGain. We may terminate your access to Services or suspend your Services or suspend your Services or suspend your Account at our discretion if you breach these Terms or if required by applicable law or regulatory authorities.

35.3 Effects of termination.Upon termination, you will remain responsible for any Transactions or obligations that occurred before the termination date. Any remaining balance in your BitGain Account will be handled in accordance with our policies and applicable law.

These Terms, together with any applicable Privacy Policy, Disclosures and notices, Use Agreement, Whistleblower Notice constitute the entire agreement between you and BitGain regarding the use of the Services, superseding all prior agreements, understandings, and representations. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, with the invalid or unenforceable provision modified to reflect the parties’ original intent as closely as possible. No waiver of any provision will be considered a further or continuing waiver of that provision or any other provision, and any waiver must be in writing and signed by an authorized representative of BitGain.

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent; however, we may assign or transfer our rights and obligations without restriction. We are not liable for any failure to perform our obligations if such failure is due to Force Majeure circumstances, including natural disasters, acts of war, or other events beyond our control. Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and BitGain, as each party is an independent contractor. Provisions that should survive termination or expiration, including those related to liability, indemnification, and dispute resolution, will continue to be in effect. These Terms are written in English, and any translations are provided for convenience only; in the event of any inconsistency, the English version will prevail. Except for BitGain Affiliates, no third parties have any rights or benefits under these Terms.

36 Severability, complaints and general provision

36.1 Severability: Should any provision of these Terms be found unlawful, invalid, or unenforceable for any reason, that provision shall be considered separable and shall not impact the validity or enforceability of the remaining provisions.

36.2 Complaints: If you have any concerns, feedback, or inquiries, please reach out to our Customer Service at the Support Center. When contacting us, kindly provide your name, email address, and any other necessary details that will help us identify you and the specific transaction related to your feedback, inquiries, or complaints.

36.3 General provisions: These Terms constitute the entire agreement between the parties concerning the subject matter herein and replace all previous agreements and communications related to it. Any term or condition in any other document you provide to us that differs from, contradicts, or adds to the terms and conditions outlined herein shall not be binding on the Parties. You affirm and guarantee that all information disclosed to us in connection with these Terms is accurate.