Terms and Conditions for Digital Asset Service Program
1. General
1.1. These terms and conditions apply to services provided by the Platform or the third party(ies) engaged by the Platform, including the saving program, lending program, yield enhancement products program, loan program, and any other digital asset service programs (collectively, the “Services”). The terms and conditions herein are incorporated and form part of the BTSE Standard Terms and Conditions of Service (the “Conditions”).
1.2. By applying for and using the Services, you agree to be bound by the terms and conditions hereunder; the Conditions; and all rules and policies of the Platform as may be published by the Platform from time to time on the Interface, including but not limited to the BTSE Legal Disclaimers and the BTSE Privacy Policy. The Platform’s failure to insist upon or enforce your strict compliance with the above policies and rules will not constitute a waiver of any of the Platform’s rights
1.3. Under the circumstance where the Platform engages a third party service provider to perform the Services, including but not limited to certain Services which may be provided by third parties directly to you via the Interface or which may integrate, be integrated into, or be provided in connection with third party websites, services, content, and/or materials which may be subject to separate terms and conditions, you agree (i) to enter into any such contract with any such third party service provider as may be considered necessary by the Platform for the purpose of providing the Services; (ii) to provide any relevant information and documents as requested by the Platform or such third party service provider, including but not limited to the purpose of conducting Know Your Customer and Anti-Money Laundering procedures; and (iii) be bound by the relevant terms and conditions and policies issued by such third party service provider that may be updated to you from time to time.
1.4. Third party service provider is not under the control of the Platform so the Platform makes no claims or representations about, and accept no liability for, any services provided by the third party service provider. The Platform is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements, as well as the services offered by the third party service provider to you via the Interface. You agree and acknowledge that the Platform shall not be responsible for any contract entered into, any transaction completed, or any dispute raised, between you and such third party service provider. There is no implied affiliation, endorsement, or adoption by the Platform of any services provided by the third party service provider to you and the Platform assumes no responsibility for, and specifically disclaims any liability, warranty, or obligation with respect to any content provided on or through these services. You should read the terms of use and legal agreements that apply to these services offered by the third party service provider to you.
1.5.All terms not otherwise defined herein shall have the same definitions set forth in the Conditions.
2. Services
2.1. You must be an existing User and registered account holder on the Interface operated by the Platform. You will be required to meet certain qualifications, to be subject to certain Know Your Customer and Anti-Money Laundering procedures, or to secure approval from the Platform as may be considered proper by the Platform in order to be eligible for the Services.
2.2. Before you use the Services, you acknowledge that the Platform is not a bank, a depository institution, a security firm, or any other licensed financial institution; your account on the Interface is not a bank account; and the assets transferred by you to your account on the Interface will not be covered by any insurance against losses or subject to any protection fund of any government agency in any jurisdictions.
2.3. You further acknowledge that the Platform makes no representation or warranty that the Services are available or appropriate for all users in all jurisdictions. The Services may be restricted by law in certain jurisdictions. You shall consult your own legal and tax advisers about the legal requirements and tax consequences of using the Services in the jurisdiction applicable to you and make sure that you are permitted to participate in the program on the Interface under the applicable law prior to making a decision of joining such program. You shall not use the Services if such use or the provision of the Services is illegal under the applicable law in your jurisdiction.
2.4. In order to use the Services, you are required to opt-in by selecting the program(s) you would like to participate on the Interface. Each program will be subject to different eligibility criteria; minimum or maximum deposit, contribution amount, or lending amount; minimum balance in your account; interest rate; estimated return; revenue calculation/distribution; annual percentage yield; duration; timing for accruing and distributing interest/return; withdrawal or redemption restrictions; eligible digital assets allowed to be deposited/contributed; forms of interest/return; conversation/exchange rate; collateral requirements; termination; fees; calculation methods; event of default; and other obligations, rights, and requirements. You agree to follow the instructions of the Platform and comply with the relevant rules under the program selected by you. Once you select a program on the Interface, you agree with all the specs and terms for such program disclosed by the Platform to you on the Interface and agree with any change and update made by the Platform on such specs and terms on the Interface from time to time without further notice to you.
2.5. The Platform reserves the right to accept or refuse your application for participating in any program on the Interface and the right to suspend or terminate the provision of the Services based on the market conditions, market demand, and other regulatory and risks factors without further notice to you and to return the assets you provided or the return/interest that has been accrued at any time and in such method in the Platform’s sole discretion. You agree to undertake any actions the Platform requests in order to facilitate such return.
2.6. You understand the interest accrued or the return distributed may be subject to tax withholding and reporting by the Platform and/or the third party service provider as required by applicable law. You agree to undertake any actions the Platform requests in order to meet the requirements under the applicable tax law. You shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the applicable law. The Platform shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. You shall hold the Platform harmless from any expenses and losses resulting from taxes payable by you under the applicable law.
2.7. The Platform may at any time and in its sole discretion change and update these terms and conditions and the specs and terms of a program on the Interface based on the market conditions, market demand, and other regulatory and risks factors without further notice to you. Such changes shall apply to you immediately after the Platform discloses and announces it on the Interface. If any change to the Services is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued participation in the program after such change constitutes your acceptance of the changes.
2.8. You agree and understand that the Platform does not guarantee uninterrupted or error-free operation of the Services nor that the Platform will correct all defects or prevent third-party disruptions or unauthorized third party access. In the event of the disruptions of the Services resulting from your acts or omissions, acts by a hacker or other malicious actor, operational maintenance, network delays, computer system failures, Force Majeure Event, or any facts attributable to the third party service provider, the provision of the Services may be delayed, paused, suspended, or deviated and the Platform shall not be responsible for any losses incurred by you due to such event.
2.9. You further agree and understand that the Platform does not guarantee that you will receive the interest or the earnings as mentioned on the Interface, which is just an estimated figure and forward-looking statements that reflect current expectations regarding future events, involve significant risks and uncertainties; which should not be read as guarantees of future performance or results and will not necessarily be accurate indications of whether or not such performance or results will be achieved; and which may be changed at any time in the Platform’s sole discretion based on the market conditions on the date of payment. The Platform also does not guarantee the performance of any program on the Interface. You understand that there may be gains or losses if you use the Services and the Platform shall not be responsible for any losses incurred due to your use of the Services.
3. Risks
3.1. In addition to the BTSE Legal Disclaimers, before opting-in any program on the Interface, you agree and shall examine your objectives, financial resources, and risk tolerance to determine whether such program is appropriate for you. The Platform makes no representation or warranty, express or implied, to the full extent not prohibited by applicable law, regarding the advisability of your participation in the program on the Interface. Neither the Platform, nor any of its respective officers, directors, employees and affiliates is providing advice, including legal, financial, investment or tax advice, in connection with any program on the Interface or your determination to participate in it.
3.2. You acknowledge and accept the risks and uncertainties associated with the program selected by you on the Interface, including: (i) the Platform is not regulated as a bank, a depository institution, a security firm, or any other licensed financial institution. Your account on the Interface is not a deposit account or a bank account. The program on the Interface is not a depository or bank program and is not covered by any insurance against losses or subject to any regulatory protection of any competent authority anywhere in the world; (ii) the Platform does not offer securities services, is not registered under the securities laws of any jurisdiction and the provision of the Services has not been and will not be registered under the securities laws of any jurisdiction or otherwise approved by securities regulators in any jurisdiction; (iii) legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, and value of the digital assets provided by you to your account on the Interface under the program selected by you; the operations and profitability of the program; and the tax treatment of the program; (iv) interest rate and earnings are not guaranteed and the Platform reserves the right to adjust estimated interest rate and earnings on the Interface at any time in its sole discretion; (v) there is lack of liquidity for some products under certain programs.
3.3. You understand and agree that you use the Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Services. You shall carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
4. Warranty
4.1. You represent and warrant that (i) you have the right to deposit such digital assets in your account on the Interface. They are free and clear of all liens and encumbrances and they are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any applicable law in the respective jurisdiction; (ii) you are not located in or a national or resident of any jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law or regulation of that jurisdiction. You are eligible to participate in the program offered by the Platform; (iii) you were not, in any manner or form, solicited to participate in any program of the Platform prior to your creation of an account or your election to participate in such program of the Platform; (iv) you acknowledge and accept the risks associated with participating in the program of the Platform; and (v) you were given the opportunity to ask questions of and receive answers from the Platform concerning the program on the Interface prior to participating or agreeing to participate.
4.2. You further undertake to (i) use the Services in good faith; (ii) not violate or breach these terms and conditions or any applicable law in any relevant jurisdiction; (iii) not use the Services to commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities; (iv) not provide false, inaccurate, incomplete, out-of-date or misleading information to the Platform; (v) not interfere, intercept, or expropriate the network, system, data, or information of the Platform; and (vi) immediately inform the Platform about any change in the information and documents you submit to the Platform.
5. Force Majeure Event
The Platform shall not be liable for failure to provide any member benefits by reason of any acts of God, any actions, regulations, orders or requests by any governmental or quasi-governmental entity (whether or not the actions, regulations, orders or requests prove to be invalid), equipment failure, threatened terrorist attacks, terrorist acts, air raid, blackout, earthquake, tornado, hurricane, typhoon, war, unusually severe weather, explosion, labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, cyber attacks, any kind of epidemic or pandemic disease, or any other similar or dissimilar cause beyond the Platform’s control.
6. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend and hold the Platform and its respective officers, directors, employees, and affiliates harmless from and against any and all losses, damages, claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, involving, or related to your use of the Services except to the extent that any of the same shall be directly and solely caused by the Platform’s willful misconduct or gross negligence, as finally determined by a court of competent jurisdiction.
7. Limitation of Liability
7.1. Notwithstanding any provisions in these terms and conditions, in no event shall either party be liable to the other for any type of incidental, special, exemplary, punitive, indirect or consequential damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology, loss of data, or interruption or loss of use of service or equipment, even if such party was advised of the possibility of such damages, and whether arising under theory of contract, tort, strict liability or otherwise.
7.2. In addition to other limitations and exclusions under the Conditions, the Platform’s total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the accrued interest or the return you have received or the fee you have paid to the Platform under the program on the Interface during the 12-month period immediately preceding the event giving rise to the claim for liability. This limitation of liability will apply to the fullest extent permitted by applicable law.
8. Termination
8.1. The Services can be terminated any time upon written notice by the Platform to you, regardless of the reasons.
8.2. Upon the termination, in the event that you have an outstanding balance under the program, you are entitled to recover the relevant assets, together with the interest or return accrued thereon, if any, unless the Platform is prohibited by any applicable law or a court order to release such, including but not limited to the case that the Platform has reasonable grounds to suspect that the assets used for participating the program were obtained through fraud or any unlawful means or connected with any criminal activities.
8.3. The termination shall not prevent any party from seeking any remedies against the other party for any breach of these terms and conditions occurring prior to such termination.
9. Assignment
You shall not transfer or assign your rights and obligations under the program you participate to any third party without the prior written consent of the Platform.
10. Contact Us
If you have any other questions about the Program, please contact the Platform via "Support Center" link on the website, https://support.btse.id .