8. Limitation of Liability

8.1 YOU EXPRESSLY AGREE THAT YOUR USE OR NON-USE OF THIS SERVICE AND RELATED SERVICES ARE AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY UNDER THESE TERMS, THE SERVICES, ALL PRODUCTS AND SERVICES PROVIDED TO YOU THROUGH THIS SERVICE AND RELATED SERVICES PROVIDED TO YOU ARE STRICTLY OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE AND OUR AFFILIATES OR ITS SERVICE PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, THE FITNESS, NO ERRORS OR OMISSIONS, CONTINUITY, ACCURACY, RELIABILITY OF THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE DO NOT MAKE ANY UNDERTAKINGS AND WARRANTIES FOR THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF THE TECHNOLOGY AND INFORMATION IN CONNECTION WITH THIS SERVICE OR OTHER SERVICES PROVIDED BY US.

8.2 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LEGITIMATE MEANS.

8.3 Like any asset, the value of Digital Assets may fluctuate significantly, and there is a huge risk that Users may incur economic losses when buying, selling, holding or investing in Digital Assets and related transactions. Whether to use our Services is the User's personal decision and the User shall bear any and all of the risks and potential losses. We do not make any express or implied warranties for the market, value or price of Digital Assets. Users acknowledge and understand the instability of the digital asset market. The price and value of Digital Assets may fluctuate or collapse at any time. Trading Digital Assets is the free choice and decision of Users, and Users shall bear their own risks and possible losses. Your use of any of our Services means that you confirm and agree: (1) You fully understand all of the risks associated with Digital Assets and related transactions; (2) You agree to solely bear any and all risks and losses associated with the use of our Services and engaging transactions involving Digital Assets; (3) We shall not be responsible for any such risks or losses or adverse consequences.

8.4 We cannot fully guarantee the authenticity, sufficiency, reliability, accuracy, completeness or validity of the content on our Services, and shall not bear any legal liabilities arising therefrom. The User shall rely on the User's independent judgment to conduct transactions, and the User shall bear all responsibilities for User’s judgment.

8.5 You accept and acknowledge that if we are unable to provide any services due to the following reasons, we and our affiliates will be exempt from indemnification and other legal liabilities. These circumstances include but limited to:

  • 8.5.1 Service suspension for maintenance as announced by us;

  • 8.5.2 Hackers attack us and any of our Services to steal user account passwords, secret keys, APIkey, and other information, resulting in losses caused by illegal hacking into the User’s accounts and / or illegal transfer of Digital Assets;

  • 8.5.3 System failure to transmit data as a result of telecom equipment failures;

  • 8.5.4 Force Majeure or accidents, such as typhoon, earthquake, tsunami, flooding, plague, power outage, war, turmoil, government actions, terrorist attacks and others that lead to the suspension of our Services;

  • 8.5.5 Service interruption or delay caused by reasons affecting the normal operation of the network, such as hacker attacks, computer virus intrusion or attack, technology adjustment or technical failure of the telecommunications sector, website upgrades, banking issues, temporary shutdown due to government regulations.

  • 8.5.6 Service interruption or delay caused by the computer system of our Services being damaged, defective or unable to perform normally;

  • 8.5.7 Losses caused by technical problems that cannot be predicted or solved by the existing technology of the industry;

  • 8.5.8 Loss suffered by you or other third parties due to the fault or delay of a third party;

  • 8.5.9 Policy risks arising from currencies trading being shut down, suspended or prohibited by the relevant government authorities, and restrictions and prohibitions on any digital asset entrusted management or any of our Services;

  • 8.5.10 Maintenance or upgrade due to software and hardware service system downtime; or

  • 8.5.11 Other losses not attributable to us due to external uncontrollable events.

You agree and accept that the above reasons may lead to abnormal transactions, market interruptions and other possible abnormal circumstances, we reserve the right to refuse to execute your commands based on the actual circumstance. You understand and agree that we shall not be liable to any of your losses (including but not limited to direct or indirect losses, actual losses or loss of possible yield and other similar losses).

8.6 You shall bear the risk of any losses of the Digital Assets under this Service due to the above reasons. Notwithstanding the foregoing, we will still take reasonable actions actively to resume this Service.

8.7 You acknowledge that you fully understand all rules and policies related to any of our Services. If you misunderstand the rules and policies, we are not liable for your losses.

8.8 For abnormal transactions, market interruption, and other abnormal conditions caused by system failure, network failure, DDos and hacker attacks and other unexpected factors not attributable to us, we have the right to, based on the actual conditions, cancel the abnormal transaction, or rollback all the transactions to a certain period of time. We assume no liability for damages in connection with such cancellation or rollback of the abnormal transaction.

8.9 You understand that technical problems may occur unexpectedly. We are not liable for any losses caused by technical issues, including but not limited to:

  • 8.9.1 Failure, delay, interruption or other malfunction in accessing the Service.

  • 8.9.2 Suspension, slowing down, unresponsiveness, or other malfunction due to overload.

  • 8.9.3 Failure caused by the inability to properly obtain necessary data from third parties via the Internet.

8.10 If the loss of the account passwords or keys is caused by you or your authorized representative (if applicable), you shall be liable for the risks and consequence resulting therefrom, and we shall not be liable to you for such losses.

8.11 If your authorized representative (if applicable) cannot or refuses to provide the necessary authorization or cooperate with the performance of these Terms, you are responsible for the risks and consequences resulting therefrom, and we shall not be liable to you for such losses.

8.12 If the Digital Assets under this Service is sealed, frozen, or deducted by the competent authorities due to reasons caused by the related parties other than the Parties hereof, we have the right to be exempted from the liability and is not liable for any compensation.

8.13 The aggregate liability of us shall not exceed the Service Fee we received from you.

8.14 In accordance with applicable laws or as required by the competent authorities, we may provide any of your information (including but not limited to identity information, trading information, etc.) to the competent authorities, and shall assume no liability for the consequences arising from the provision of such information.

8.15 We assume no responsibility to you for any of your losses and other relevant consequences caused by the third parties.

8.16 Software protocols and operational challenges

  • 8.16.1 The software protocols that underlie Digital Assets are typically open-source projects, which means that (i) the development and control of such Digital Assets is outside of our control and (ii) such software protocols are subject to sudden and dramatic changes that might have a significant impact on the availability, usability or value of a given digital asset. You are aware of and accept the risk of operational challenges. We may experience sophisticated cyberattacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Services. You understand that the Services may experience operational issues that lead to delays. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold us accountable for any related losses.

  • 8.16.2 All Users understand that the technology underlying Digital Assets is subject to change at any time, and such changes may affect your assets stored on our Services. You claim full responsibility for monitoring such technological changes and understanding their consequences for your Digital Assets. Users conduct all trading on their own account and we do not take any responsibility for any loss or damage incurred as a result of your use of any of our Services or your failure to understand the risks involved associated with Digital Assets use generally or your use of our Services.

8.17 You agree and accept that we shall not be liable for any losses caused by the risks described in section 8 of these Terms (including but not limited to any direct or indirect losses, actual losses or possible loss of profits).

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