Terms of Service
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These Terms constitute a legally binding agreement between you (" you ", " your ") and Binance (" Binance ", " we ", " us" or "our "). These Terms apply to your use of the Binance Services offered on, through or otherwise provided to you on the Platform. Binance Services may be provided by Binance or by any Binance Affiliate Partner in accordance with these Terms, any Product Terms or any Additional Terms.
By registering a Binance account, accessing the Binance platform and/or using Binance services, you agree that you have read, understood and accepted these Terms and any additional documents or terms mentioned therein. You acknowledge and agree that you will be bound by and comply with the updated and revised versions of these Terms from time to time.
If you do not fully understand and accept these Terms, please do not register for a Binance account, or access or use the Platform or any Binance Services.
Risk Warning
The value of digital assets, like any other asset, may fluctuate significantly, and there is a risk of significant financial loss when buying, selling, holding or investing in digital assets. Therefore, please consider whether it is appropriate to trade or hold digital assets based on your own financial situation.
For more information about the risks associated with using Binance services, please refer to the Risk Warning (which may be updated from time to time). Please read the Risk Warning carefully, but the Risk Warning does not list all possible risks in detail, nor does it explain the impact of such risks on you personally.
Before deciding to use Binance services, please make sure you fully understand the risks you may encounter.
Binance is not your broker, intermediary, agent or advisor, and Binance has no fiduciary relationship and no obligations with respect to any transaction or other activity you conduct using Binance Services. Binance does not provide investment or consulting advice of any kind. Any communication or information provided to you by Binance is not intended to provide any advice and should not be construed as providing any advice.
You should make your own judgment on whether any investment, investment strategy or related transaction is appropriate based on your personal investment objectives, financial situation and risk tolerance, and bear any related losses or liabilities. Binance does not recommend that you buy, earn, sell or hold any digital assets. You should conduct due diligence and consult a financial advisor before deciding to buy, sell or hold any digital assets. Binance is not responsible for your decision to buy, earn, sell or hold digital assets based on the information we provide, including any losses you suffer as a result of such decision.
Regarding the Agreement between Binance and You
1. Introduction
1.1. About Binance . Binance Group is an ecosystem with an online digital asset trading platform at its core, providing users with a trading platform for buying and selling digital assets, an integrated custody solution that allows users to store digital assets, and other digital asset-related services.
1.2. These Terms . When you register for a Binance account, you enter into a legally binding agreement with Binance. These Terms apply to your use of Binance services and clarify what kind of company Binance is, how Binance provides services to you, how these Terms may be changed or terminated, how to resolve problems encountered, and other important information.
You must read these Terms and Conditions and the documents referenced therein carefully. If you do not understand anything, please contact us.
If any local terms apply to your use of Binance Services, such local terms shall prevail over these Terms.
1.3. Additional Documents . Many additional documents mentioned in these Terms also apply to your use of Binance Services. These additional documents include:
a. Binance Privacy Statement , which sets out the terms of our processing of any personal data we collect about you or that you provide to us. By using Binance services, you understand and agree to such processing and promise that all data you provide is accurate and up-to-date.
b. Binance Risk Warning , which contains important information about the potential risks of buying, selling, holding or investing in digital assets.
c. Binance’s official website’s “Transaction Fee Tier Structure” page.
d. Product Terms, which set out the additional terms and conditions applicable to the use of specific Binance Services.
You acknowledge that you are bound by and agree to abide by any relevant additional terms and conditions applicable to the Binance Services.
2. Eligibility
2.1. Eligibility Criteria . To be eligible to register a Binance account and use Binance Services, you must:
a. are an individual, company, legal person, entity or other organization with full power, authority and capacity to (1) access and use Binance Services; and (2) enter into these Terms and comply with your obligations under these Terms;
b. If you are an individual, you must be at least 18 years old;
c. If you are an employee or agent of a legal entity and are entering into these Terms on its behalf, you must be duly authorized to act on its behalf and to bind the entity to these Terms;
d. Not suspended or disqualified from using Binance Services;
e. Non-restricted persons;
f. do not currently have a Binance account; and
g. The location, place of registration, or place of incorporation is not in the following areas; the person is not a citizen or resident of the following areas; and the person does not conduct business in the following areas:
i. any jurisdiction where accessing or using Binance Services would violate applicable law or cause Binance or any third party to violate any applicable law; or
ii. Countries listed in the Prohibited Countries List.
2.2. Modification of Binance Eligibility Criteria . Binance may modify the eligibility criteria at any time at its sole discretion. Binance will try to notify you in advance of any changes. However, we may occasionally need to make changes without notifying you in advance. Such circumstances may include:
a. Changes made in response to legal and/or regulatory changes;
b. the change is in your interests; and/or
c. There is no time to notify you due to other reasonable reasons.
In cases where we are unable to notify you in advance, we will notify you as soon as possible after the changes are completed.
3. How we contact each other
3.1. How You Can Contact Us . For more information about Binance, please visit Binance.com. If you have any questions, feedback or comments, please contact us through our customer service team at https://www.binance.com/zh-CN/chat . These Terms may specify contact information for specific notifications. The addresses in these notifications are not monitored.
3.2. How we contact you . We will contact you using the contact information you provide. This may include contacting you via email, SMS or phone. Please make sure you provide correct and up-to-date contact information. If your contact information changes, please notify us immediately. Otherwise, Binance does not assume any responsibility if you do not receive our information, notifications or other important information.
4. Binance Services
4.1. Specific Product Terms . Once you have opened a Binance account, you may use Binance Services in accordance with these Terms and the product terms applicable to each specific Binance service.
4.2. In-group Services. You acknowledge and agree that some Binance Services may be provided by Binance Affiliate Partners.
5. Chat Service
5.1. Availability of Chat Service . We may provide you with an interactive online chat service (“ Chat Service ”) at any time when you use any Binance Service. When you use the Chat Service, you may interact with robots, chatbots, or other non-humans. To the extent required by applicable law, we will explain when we use chatbots or other non-humans. By communicating with us through the Chat Service, you authorize us to monitor and save your chat history.
5.2. Important Information . The chat service is provided for convenience and is generally intended to facilitate your understanding of Binance Services. The Binance chat service will make its best efforts to provide you with accurate and up-to-date information based on your questions or needs. Nothing communicated by Binance in the chat service shall be deemed a legal agreement, representation or warranty by Binance regarding the service, process, decision or response time. Any personal data you share with us when using the chat service is subject to the provisions of the applicable privacy policies and notices set forth in Binance's Privacy Statement .
5.3. User Chat . In addition, Binance may provide you with a chat service that allows you to interact directly with other users of the Platform (" User Chat ").
5.4. Prohibited Conduct . You may not send any abusive, defamatory, fraudulent or obscene information or any information intended to manipulate the market through the Chat Service or any User Chat, nor may you disseminate false or misleading information or messages that violate applicable laws, which may result in the termination of the Chat Service session and may result in restrictions on your use of Binance Services.
6. Handling Fees
6.1. Payment of Fees . You agree to pay all applicable fees associated with the use of Binance Services in accordance with the Fee Tier Structure specified on the Binance official website or in any relevant product terms .
You authorize us to deduct all applicable fees, commissions, interest, charges and other amounts owed by you under these Terms or any Product Terms from your Binance Account in accordance with the calculation method specified in the Fee Tier Structure page. If you owe Binance funds (denominated in a certain digital asset) digitally, and the amount of such digital asset is insufficient to repay the amount owed, Binance may deduct the amount owed from other digital assets to pay (in this case, Binance will convert the digital assets you hold into digital assets (or equivalent fiat currency) denominated in the owed funds at the current price published on the platform or other commercially reasonable prices determined by us). If you do not have enough digital assets in your Binance account, you acknowledge that any amount due and payable by you under these Terms is a debt due and payable in such amount and form (whether digital assets or other forms) as we can determine through reasonable commercial means.
6.2. Modification of Binance Fees . Binance may adjust the fees from time to time in accordance with Section 18.3 of these Terms.
About your Binance account
7. Create a Binance account
7.1. Opening an Account . You must create and maintain a Binance account to access Binance services and platforms. Individuals can open a Binance Personal Account, and companies, entities or other organizations can open a Binance Enterprise Account.
All Binance Accounts are provided entirely at the discretion of Binance. Binance reserves the right to reject any Binance Account application or limit the number of Binance Accounts you can hold without reason.
7.2. Exclusive Rights . When you open a Binance account, you agree to:
a. If you are an individual user, you will only use your Binance account for your own use and will not use your Binance account on behalf of any third party, unless you have obtained Binance’s prior written consent; and
b. If you are a corporate user, your permitted users may use the Binance Enterprise Account only for your benefit and not on behalf of any third party, unless you have obtained Binance’s prior written consent.
You are fully responsible for all activities on your Binance account.
7.3. Identity Verification . You need to provide us with relevant information about you and your permitted users (if relevant) and complete our identity verification process before you are allowed to open a Binance account and access and use Binance services. All information you provide must be complete, accurate and true. You must update such information immediately if it changes at any time.
You authorize Binance to conduct, directly or through a third party, any investigation that Binance deems necessary to verify the identity of you and any Permitted User, to protect you and/or Binance from fraud, money laundering, terrorist financing or other financial crimes, and to take any action that Binance deems necessary based on the results of such investigation.
You know and understand that Binance may disclose your and any Permitted User's personal data to identity verification, compliance data record keeping, credit investigation, fraud prevention or financial crime agencies when conducting an investigation; and you know and understand that these agencies can fully respond to Binance's inquiries.
You can view Binance's Privacy Statement for more information on Binance's processing of personal data .
7.4. In-depth Due Diligence . Binance may also require you to submit additional information about yourself, the Company or Licensed Users, provide additional records or documents, or meet face-to-face with a Binance representative in order to comply with Binance’s in-depth due diligence procedures.
7.5. Records . Binance will retain your personal data to enable you to continue using Binance Services as long as necessary to meet the relevant purposes described in the Privacy Statement, to achieve relevant laws for tax and accounting purposes, to comply with anti-money laundering laws, or other content requirements communicated to you by other means. Please refer to the Binance Privacy Statement to learn how Binance collects and uses users' personal data in connection with the use and performance of the Binance website and Binance Services.
7.6. Subaccounts . Binance determines at its sole discretion whether you can create and access a Binance Subaccount. Each natural person who opens a Binance Subaccount must comply with the identity verification requirements set forth in Section 7 of these Terms. A natural person or legal entity may only open one Binance Subaccount.
8. Request for Information
8.1. When Binance will request information from you. Binance may request information from you at any time to comply with any applicable laws, identity verification requirements, or to detect money laundering, terrorist financing, fraud or any other financial crime or for any other legitimate reason. As long as such information is necessary to achieve its intended purpose, you agree to provide Binance with any such information requested by Binance and allow Binance to keep records of such information during the duration of your Binance account or other period required by applicable law.
8.2. What happens after you provide information . Your access to your Binance account and your trading limits on Binance services will continue to change based on the information collected from you. If there is reason to suspect that any information you provide is incorrect, untrue, outdated or incomplete, Binance may send you a notice asking you to correct or delete the relevant information, or take other measures that Binance deems necessary to ensure that the information you provide is true and correct.
8.3. If you fail to provide information as requested . You must comply with any information request we send you. If you refuse to provide information as requested or fail to provide information in a timely manner, Binance reserves the right to immediately suspend or terminate your access to your Binance account or all or part of the Binance Services without notice.
9. Access your Binance account
9.1. Access . To access your Binance Account, you or the Licensed User (where relevant) must have the necessary equipment (such as a computer or smartphone) and be able to access the Internet. Your Binance Account may be accessed directly through the Platform or other access modes specified by Binance (including APIs). You may only access your Binance Account using the access ID provided by Binance to you or the Licensed User for such purposes. Binance may require multi-factor authentication to ensure the security of your Binance Account.
Use of the Platform and other access methods are subject to additional terms that Binance may notify you of.
9.2. Restricting access to third parties . You must ensure that any Binance Account registered in your name is not used by anyone other than yourself, and in the case of a Binance Enterprise Account, is not used by anyone other than your permitted users, except as provided in these Terms.
10. Account Information and Transaction Records
10.1. Your Account History . You can access your account history through the Platform. You must carefully review your account history. If you find any record or transaction that you do not recognize or believe is incorrect, you must report it within 14 days of the date you obtained your account history.
10.2. Errors . Binance may correct any errors in your account history at any time and reserves the right to void or reverse any transaction that exists or is based on an obvious error, or to amend the details of such transaction to reflect the correct or fair details in the absence of such obvious errors. Without prejudice to the generality of other provisions under these Terms and conditions and without fraud or malice, Binance shall not be liable for any direct, indirect, special or consequential losses (including but not limited to loss of profits, loss of opportunity) or claims of any nature suffered or incurred by you due to obvious errors arising from any reason, even if you have informed Binance of the possibility of such occurrence or such circumstances are reasonably foreseeable.
10.3. Information Sharing . Binance may need to share information about your Binance account and account history with third parties as required by applicable law. You acknowledge and agree that Binance has the right to disclose such information. For more information on how Binance handles your personal data, please refer to Binance's Privacy Statement .
Using Your Account
11. Instructions
11.1. Issue Instructions . You must ensure that any instructions you submit are complete and accurate. Binance is not required to verify the accuracy, authenticity or validity of any instructions, and will not monitor or refuse to execute instructions because they are duplicate or appear to be duplicate. However, if we have doubts about the accuracy, authenticity or validity of an instruction, Binance may refuse to execute or postpone the execution of any instruction, or seek further information about the instruction.
Instructions are irrevocable. Once submitted, you or the licensed user have no right to revoke or withdraw the instructions without the written consent of Binance. Your instructions shall not be deemed to have been received by Binance before they are received by the Binance server. Binance's records of all instructions are final and binding on you.
11.2. Act in accordance with your instructions . By submitting instructions, you or the Licensed User authorize Binance to initiate transactions on your Binance account. Binance is therefore entitled to credit or debit (or provide settlement information to a third party so that the third party can credit or debit) digital assets from your Binance account in accordance with your instructions. If the digital assets or fiat currency in your Binance account is insufficient to complete the transaction (i.e., insufficient to settle the transaction and insufficient to pay all fees associated with the transaction), Binance has the right to refuse to complete any transaction. You are responsible for maintaining sufficient digital assets or fiat currency in your Binance account.
11.3. Instruction Protection . You are aware that instructions and information transmitted through the Platform or email are usually transmitted over the Internet, and the routing path may be a public transnational facility without special protection. Binance cannot guarantee that the transmission of instructions and information will not be completely protected from unauthorized access, and you accept the risks associated with this.
11.4. Withdrawals . Subject to these Terms and all applicable product terms, if you have sufficient balance in your Binance Account and do not hold any digital assets related to any Binance Services, you may instruct Binance to transfer digital assets to an external wallet address by submitting a withdrawal request on the Platform. Upon receipt of your withdrawal request, Binance will: (i) deduct the balance in your Binance Account; and (ii) initiate an on-chain transfer to the external wallet you specify. Binance may not process a withdrawal request if Binance has reason to believe that the execution of the relevant withdrawal will violate applicable law. Binance may also suspend withdrawals at a time that Binance deems appropriate to resolve any emergencies on the Platform. Binance will resume withdrawals after such incidents are resolved.
12. Transactions
12.1. Conducting Transactions . You can trade directly with Binance or other users, and these transactions may or may not be facilitated by Binance.
Binance makes no representation or warranty that any transaction will be successfully completed or completed within a specific time period.
12.2. Unauthorized Transactions . You are solely responsible for controlling or using your Binance Account. Therefore, Binance will assume that any instructions issued from your Binance Account are authorized by you or a Licensed User unless Binance has been notified otherwise. You should monitor the history to detect any unauthorized or suspicious activity in your Binance Account and notify us as soon as possible. Binance is not responsible for any claims or losses resulting from transactions carried out in execution of unauthorized instructions, unless you have notified Binance in accordance with this section.
12.3. Retain Transaction Information . To promote compliance with global industry standards regarding data retention, you agree to allow (but not require) us to retain records of all transaction information for the duration of your Binance account or other periods required by applicable law, in accordance with the original intent to retain the transaction information. Please refer to the Binance Privacy Statement https://www.binance.com/en/privacy to learn how Binance collects and uses data related to the use and performance of the Binance website and Binance services.
13. Significant interests and conflicts
13.1. Binance Group . You understand that the Binance Group is composed of several companies engaged in digital asset-related businesses, and Binance is a member of this group.
13.2. Nature of Binance's Responsibilities . You understand and agree that your relationship with Binance or any services provided by Binance to you, or any other matter, will not give rise to any liability, whether legal, equitable or fiduciary, for Binance or any Binance Affiliate, except for those expressly set forth in these Terms. In particular, Binance and any Binance Affiliate may act in multiple capacities at any time, and Binance may charge fees or commissions to multiple users (including you) when acting in these capacities. You consent to Binance acting in such capacities and providing any other Binance services, or conducting business with or for you, any Binance Affiliate or any other user.
13.3. Vital Interests . You understand and agree that neither Binance nor any Binance Affiliate Partner is required to: (1) carefully consider any information of material interest learned by Binance or any Binance Affiliate Partner; (2) disclose any such information to you; or (3) use such information for your benefit. You further acknowledge that Binance may receive general market information from time to time in the course of providing Binance Services to you and apply it to Binance's daily business.
13.4. Conflicts of Interest . Binance establishes and maintains effective organizational and administrative arrangements to take all appropriate measures to identify and manage conflicts of interest between Binance and Binance users and relevant third parties, and to prevent conflicts of interest from adversely affecting the interests of Binance users. If such organizational and administrative arrangements are not sufficient to prevent the risk of harming your interests, Binance will inform you of the nature and/or source of the relevant conflict of interest and the measures that have been taken to reduce such risks, so that you can make an informed decision whether to continue to trade with us. Binance always reserves the right to refuse to act in your interests when it is unable to manage conflicts of interest in any other way.
14. Trading Restrictions
14.1. Your Trading Limits . Your Binance account may be restricted in the following ways:
a. the amount or volume of transactions that can be conducted on your Binance account; and/or
b. The amount or value of fiat currency or digital assets you can transfer to or from your Binance account.
Each of the above situations is limited to a given period (e.g., per day). All applicable limits will be displayed in your Binance account.
14.2. Changes to your trading limits . Binance reserves the right to change any trading limits applicable to your Binance account at any time at Binance's absolute discretion. You may also request changes to your limits. Any changes are at Binance's sole discretion and are subject to any further conditions that Binance deems necessary.
15. Supported digital assets
15.1. Supported Digital Assets . Binance Services are available only for supported digital assets, which may change from time to time. Binance has published a list of supported digital assets on its official website. Binance may remove or suspend one or more digital assets from the list of supported digital assets and will use reasonable commercial efforts to notify you in advance, which means that you will no longer be able to access such digital assets as part of the Binance Services and can only withdraw them from your Binance account. If you do not withdraw such unsupported digital assets within the specified period, Binance may, at its discretion, exchange them for another type of digital asset, namely stablecoins. Binance shall notify you before making such exchange, and you may withdraw such digital assets within a reasonable period specified by Binance and then exchange them for stablecoins.
As set forth in this Section, Binance is not responsible for the use of your Binance Account to purchase unsupported Digital Assets, or for the exchange of such unsupported Digital Assets for other types of Digital Assets.
15.2. Forks . When we decide whether to support a fork, we may temporarily suspend any Binance services related to a specific digital asset. We are not obligated to support forks of digital assets held in your Binance account, regardless of whether such digital assets will become the dominant digital asset after the fork. If we choose to support a fork of a digital asset, we will make an announcement through the Binance official website or other means we deem appropriate.
You acknowledge that we have no control over and no ability to influence the creation or implementation of forks. Binance cannot provide any guarantees regarding the security, functionality or supply of any digital asset, including new dominant digital assets or other digital assets subject to the relevant fork. You may not be able to trade forked digital assets through the Platform and may lose any value associated with the relevant digital asset.
15.3. Secured Digital Assets . Binance may from time to time support digital assets that claim to be secured by or otherwise tied or pegged to other assets, including digital assets, fiat currencies, or commodities such as gold and silver ("Secured Digital Assets"). You agree that you have read, understood, and accepted all terms and conditions and risks associated with each specific Secured Digital Asset before engaging in any transaction related to it. Binance has no obligation to purchase, repurchase, or redeem or facilitate the redemption of your Secured Digital Assets. Binance reserves the right to change, suspend, or terminate any service related to any Secured Digital Asset. Binance makes no representation as to whether any specific Secured Digital Asset will maintain its value against any asset, nor the amount or quality of any Secured Digital Asset reserves or collateral held by the respective issuer or any third party.
16. Account Security
16.1. Your Responsibilities . You are solely responsible for taking appropriate measures to protect your hardware and data from viruses and malware and any inappropriate materials. Unless otherwise required by applicable law, you are solely responsible for backing up and maintaining copies of any information you store or transmit through Binance Services. Binance is not responsible for any claims or losses you suffer as a result of your failure to comply with the provisions of these Terms.
16.2. Security Measures . You and any Permitted User shall always ensure that all of your Access IDs are fully secure and under your control. You are responsible for taking necessary security measures (or ensuring that your Permitted User takes such measures) to protect your Binance account and ensure the security of your Access ID, including:
a. Strictly comply with all Binance mechanisms or processes;
b. Create a strong password to ensure your access ID is safe and under control;
c. Ensure that the email address and phone number you provide to Binance are up to date so as to receive any notices or warnings that Binance may send to you;
d. Do not allow others to remotely access or share your computer and/or computer screen with others when you are logged into your Binance account;
e. Please remember that Binance will never ask you to share your password or two-factor authentication code under any circumstances; and
f. Please exit from the Website or Platform at the end of each session.
You must keep your email account and access ID secure and protect them from any attacks and unauthorized access. If you learn or have reason to suspect that the security of your email or a Permitted User's email has been compromised or that your or any Permitted User's email has been used illegally, you must notify us immediately.
16.3. Monitor Account History . You should monitor your history to detect any unauthorized or suspicious activity in your Binance Account and notify us as soon as possible. You are aware that any security breach may result in unauthorized access to your Binance Account by a third party and may result in the loss or theft of any digital assets and/or funds in your Binance Account and any associated accounts (including your associated bank accounts and credit cards).
16.4. If you suspect a security breach , you must ensure that:
a. immediately notify us using the contact details set out in clause 3.1 and continue to provide us with accurate and updated information throughout the duration of the Security Breach;
b. immediately lock your Binance Account through the Platform’s account disabling feature or any other method prescribed by Binance from time to time; and
c. Take any other steps that Binance may reasonably request to mitigate, manage or report any Security Breach.
Binance reserves the right to request, and you agree to provide, any and all information and documents that Binance deems relevant or necessary to an actual or suspected security breach, and Binance has the right to provide such information to any third party in order to resolve any security breach.
Other important information
17. Privacy
17.1. Privacy Statement . The collection and use of personal data in connection with these Terms, Binance Services, Platform and any Website is detailed in the Privacy Statement (as updated from time to time). You understand that Binance will process personal data related to you, personal data you provide to Binance or personal data collected from you by Binance in connection with these Terms in accordance with the Privacy Statement. Your personal data will be processed in accordance with the Privacy Statement, which forms part of these Terms.
You represent and warrant that:
a. You acknowledge that you have read and understood the Privacy Statement .
b. Binance's business changes frequently, and the Privacy Statement will also change accordingly. Therefore, when Binance provides you with an alternative version of the Privacy Statement from time to time , you should read the alternative version immediately .
18. Changes to Terms, etc.
18.1. How and when Binance makes changes. Binance may make changes to these Terms and any terms and conditions incorporated by reference (including any Product Terms) at any time, and your acceptance of these Terms constitutes your express consent to such changes. Binance will notify you of any changes by email or on the Binance website.
We will notify you of most changes in advance and let you know before the change takes effect. However, we may occasionally need to make changes without notifying you in advance. This may include:
a. Changes made in response to legal and/or regulatory changes;
b. the change is in your interest;
c. the changes are intended to make these Terms clearer to you; and/or
d. There is no time to notify you due to other reasonable reasons.
In cases where we are unable to notify you in advance, we will notify you as soon as possible after the changes are completed.
18.2. When will the changes take effect? Unless the changes take effect immediately, the updated terms will take effect after we notify you. If you do not accept the changes, you may close your Binance account in accordance with Section 19.1 of these Terms. If we do not receive your comments, we will consider that you have accepted the changes, and your continued access or use of Binance Services will be deemed as your acceptance of the updated terms.
18.3. Fee Changes . Binance may also make changes to the fees stated on the Fee Tier Structure page of the official website, including adding new fees and/or charges. If you do not accept such changes, you may close your Binance account in accordance with Section 19.1 of these Terms. If we do not receive your comments, we will deem you have accepted the changes, and your continued access or use of Binance Services will be deemed as your acceptance of the updated Terms.
19. Close your Binance account
19.1. You have the right to close your Binance account . You may terminate your Binance account at any time in accordance with the account termination procedures specified by Binance from time to time. There is no fee for closing a Binance account, but you must pay all outstanding amounts owed to Binance. You authorize Binance to cancel or suspend any pending transactions when you close your account and to deduct any amounts owed to Binance from your Binance account.
There are some situations where you may not be able to close your Binance account, including:
a. attempt to evade investigation by relevant authorities;
b. There are pending transactions or outstanding claims;
c. The Binance account owes money to Binance; or
d. Your Binance account is frozen, detained, restricted or reserved.
19.2. What happens if you close your Binance account . If you close your Binance account, you must withdraw all digital assets in your Binance account. If you do not withdraw your digital assets or do not access your Binance account for 90 consecutive days, Binance will send you a notice that your account will be considered dormant.
19.3. What happens if your account becomes dormant. If you do not respond to a notice sent under Section 19.2 within 30 days, Binance may:
a. Mark your Binance account as dormant;
b. Exchange the digital asset for other digital assets. Binance shall not be liable for any loss of profits, tax liabilities, or any other losses, damages, or expenses you suffer as a result of such changes;
c. Transfer such dormant accounts and/or any digital assets held in the accounts to any third party (including but not limited to other Binance Affiliate Partners, any third-party custodian or independent wallet) if Binance deems it reasonably necessary. After such transfer, you have the right to recover the digital assets, but only if Binance (or the relevant third party)'s reasonable authentication requirements and any other terms and conditions of use are met;
d. Adjust your dormant account, so that you will receive contractual claims for the amount and type of digital assets that were held in your Binance account before being redeemed to your dormant account;
e. Charge dormant account fees, which can be used to pay for the cost of maintaining digital assets for any Binance Affiliate Partner or any third party, and will be deducted directly from dormant accounts on a monthly basis; and
f. Close dormant accounts at any time.
Dormant accounts cannot be reactivated after closure. If you wish to continue to use Binance services, you must register a new Binance account in accordance with these Terms. You acknowledge that Binance has no obligation to pay any remuneration, reward or interest related to the credited assets in your dormant account that was originally agreed to be paid in accordance with the applicable Product Terms.
20. Termination, Suspension, Suspension and Restriction
20.1. Binance’s Rights . Binance may modify or discontinue any part or feature of the Binance Services at any time, temporarily or permanently. In particular, Binance may: (1) refuse to complete or block, cancel or, where permitted by applicable law, refuse to revoke any transaction authorized by you; (2) terminate, suspend or restrict your access to any or all Binance Services; (3) terminate, suspend, close, suspend or restrict your access to any or all Binance Accounts; (4) refuse to transmit information or instructions to third parties (including, but not limited to, third-party wallet operators); and/or (5) take any action that Binance deems necessary. In each case, this is effective immediately and may be for any reason, including, but not limited to:
a. You are not eligible or no longer eligible to use one or more Binance Services;
b. Binance has reason to suspect that:
i. The person logging into your Binance account is not you, or Binance suspects that your Binance account has been or will be used for any illegal, fraudulent or unauthorized purpose;
ii. You log in to your Binance account without being a permitted user, or Binance suspects that your Binance Enterprise account has been or will be used for any illegal, fraudulent or unauthorized purpose;
iii. Multiple natural persons access and/or use the same Binance account to conduct transactions, or Binance suspects that the Binance account has been or will be used for any illegal, fraudulent or unauthorized purpose;
iv. The information you provide is wrong, untrue, outdated or incomplete;
c. Binance has reasonable concerns about your creditworthiness or financial condition, including:
i. If you are an individual user, you are bankrupt, insane, have filed for bankruptcy, or proceedings have been commenced to prosecute you for bankruptcy;
ii. If you are a partnership, any of your partners dies or becomes bankrupt or insane, files for bankruptcy, has commenced proceedings against any partner for bankruptcy, or has instituted proceedings to dissolve and/or vary the partners or the partnership’s articles of association;
iii. if you are a company and the company is unable to pay its debts as they fall due or proceedings have been commenced for insolvency, judicial management, receivership, administration or any similar or analogous proceedings;
iv. you convene a meeting of creditors or propose or enter into any compromise or arrangement with creditors or make any assignment for the benefit of creditors;
d. has not submitted the information and documents required under Article 8;
e. has not submitted to enhanced due diligence as required under clause 7.4;
f. Binance reasonably believes that we are required to do so by applicable law or by any court or authority in any jurisdiction in which Binance is located;
g. Binance has determined or suspects that:
i. You have violated these Terms or any Product Terms;
ii. your breach of any express or implied warranty or any representation made by you in these Terms;
iii. any transaction is unauthorized, erroneous, fraudulent or illegal, or Binance has determined or suspected that you are using your Binance account or Binance Services in a fraudulent, unauthorized or illegal manner;
iv. Your Binance account or your use of Binance services involves money laundering, terrorist financing, fraud, or any other criminal activity;
h. Your use of your Binance Account is subject to any pending, ongoing or threatened litigation, investigation or judicial, governmental or regulatory process, and/or Binance believes that your Binance Account activities pose a high risk of legal or regulatory violations;
i. You have outstanding amounts owed to Binance, whether due to a chargeback or for any other reason;
j. any email sent to your email address is returned as undeliverable;
k. There was a problem verifying your identity;
l. you take any action to circumvent our control, such as opening multiple Binance accounts without Binance’s written consent, or abusing promotions offered by Binance from time to time; or
m. We have other good reasons for doing so.
Binance will take reasonable steps to provide you with appropriate notices. However, sometimes we are unable to provide appropriate notices as required by applicable law.
20.2. Acknowledgements by You . You acknowledge and agree that:
a. The examples of actions taken by Binance to terminate, suspend, close or restrict your access to your Binance Account and/or Binance Services set out in Section 20.1 above are not exhaustive; and
b. Binance's decision to take certain actions, including but not limited to terminating, suspending or limiting your access to your Binance account or Binance Services, may be based on confidentiality standards that are essential to Binance's risk management and security protocols. You agree that Binance has no obligation to disclose details of Binance's risk management and security procedures to you.
20.3. What happens if Binance exercises its rights . If Binance terminates, suspends, suspends or restricts your access to one or more Binance Services:
a. If you have orders, transactions, positions or open transactions, they may be closed by you or by us, depending on whether we take termination, suspension, hold, restriction or other action;
b. Any refund for use of your Binance account or Binance services may result in the immediate suspension and/or restriction of your Binance account and Binance services;
c. To reactivate a suspended and/or restricted Binance Account or Binance Services, you will need to refund us all refunds, including any amounts owed to us (including any applicable fees); and
d. If a refund is required, you are responsible for any credited amount and you authorize us to deduct costs and fees directly from any assets in your Binance account without further notice.
20.4. Illegal Possession . If Binance is informed and has reason to believe that any digital assets or fiat currencies held in your Binance Account have been stolen or are not legally owned by you (whether due to error or otherwise), Binance may (but is not obligated to) freeze the affected funds and your Binance Account. If Binance withholds some or all of the digital assets or fiat currencies in your Binance Account or your entire Binance Account until we have acceptable evidence that you are entitled to the digital assets and/or fiat currencies in your Binance Account. Binance will not intervene in disputes or the resolution of disputes related to any digital assets and/or fiat currencies in your Binance Account.
20.5. Accessing Binance Services in Other Jurisdictions . Residents of certain countries may only have access to some, but not all, Binance Services. Binance may change the Binance Services available to you from time to time. If you travel to a country listed in Binance's Prohibited Countries List , you will not be able to use Binance Services or will be blocked by Binance Services. You understand that this will affect your ability to trade on the platform, and/or monitor any existing orders or open positions, or otherwise use Binance Services. You may not attempt to circumvent any such restrictions in any way, including by using any virtual private network to modify your Internet Protocol address.
intellectual property
21. Background Intellectual Property
Binance intellectual property rights shall always belong to Binance.
22. License of Binance Intellectual Property
Binance grants you a non-exclusive license to use the Binance Intellectual Property (excluding Trademarks) in accordance with these Terms, solely to the extent necessary for your non-commercial personal or internal business use of the Binance Services, during the continuation of these Terms or until we suspend or terminate your access to the Binance Services, whichever is earlier.
23. License to User Intellectual Property
23.1 You grant a license. You grant Binance a perpetual, irrevocable, royalty-free, global and non-exclusive license to use the User Intellectual Property, limited to the intellectual property:
a. is part of or necessary for the use of any created intellectual property; and
b. is necessary for Binance to provide you with Binance Services from time to time.
23.2 Binance’s right to sublicense . The license you grant under these Terms includes sublicenses made by Binance and any Binance Affiliate Partner to third parties for the purpose of providing you with the Binance Services or any part thereof.
24. Created Intellectual Property
24.1 Created Intellectual Property. Created intellectual property shall automatically belong to Binance from the date of its creation.
24.2 Assignment. You hereby assign (and agree to cause any agent, representative or contractor to assign) to Binance all present and future rights and interests in and to the Intellectual Property Rights that you create and provide full title security .
If you are required to do so, you shall (and agree to cause any agent, representative or contractor to) sign and/or execute all documents and take all actions that Binance may require to complete the assignment under these Terms, without charge.
25. General
25.1 Binance is not responsible . You agree and acknowledge that: (1) Binance is not responsible for any User Materials that may be provided on the Platform or Website (whether provided by you or by a third party); and (2) you use any such User Materials at your own risk and Binance does not provide any related guarantees.
25.2 Binance's Rights . Binance reserves the right to remove, modify or reject any content (including any User Materials) you submit, post or display on the Platform or Website for any reason, at its sole discretion. Binance reserves the right to take any action we deem appropriate at our sole discretion, including issuing you a written warning, deleting any User Materials, seeking damages or other monetary compensation from you, suspending or terminating your Binance account (if any), or suspending your access to the Platform and/or Website. Binance also reserves the right to restrict or prohibit you from using any and all Binance Services in the future.
25.3 Recording. You agree that Binance may record any communications we have with you in connection with these Terms, whether by electronic communication, telephone communication, video call or otherwise, and any records retained by Binance will constitute evidence of the communications between you and us. You agree that Binance may record telephone conversations and video calls so that we can respond to inquiries, ensure compliance with applicable laws, improve Binance Services and provide support to customers.
Your obligations and responsibilities
26. Prohibited Use
Without prejudice to any other restrictions or limitations in these Terms, you agree that by opening a Binance Account, you and any Permitted User will not:
a. breach of these Terms or any agreement entered into pursuant to or in connection with these Terms (including but not limited to any Product Terms);
b. Use Binance Services in a manner that violates the public interest, public morals or the legitimate interests of others, including any behavior that interferes with, damages, negatively impacts or prevents other users from using Binance Services;
c. Use Binance Services for resale or commercial purposes, including trading on behalf of another person or entity, unless expressly agreed to by Binance in writing;
d. Use Binance Services to conduct any conduct that Binance deems to be intended to control or artificially influence the price of any digital asset (market manipulation), whether or not prohibited by applicable law, including but not limited to pump and dump scams, wash trading, self-trading, front-running, order stuffing, and spoofing or layering;
e. engage in fraudulent activities or cause Binance to suspect that you or any Permitted User has engaged in fraudulent activities and/or transactions;
f. Use Binance Services to conduct sweepstakes, bidding auctions, sports predictions or odds calculations, fantasy sports leagues offering cash prizes, online games, contests, winner-take-alls, or games of chance;
g. (1) accepting or attempting to accept funds from Binance and another user for the same transaction during the Claim Period; (2) conducting business or using Binance Services in a manner that causes or may cause Binance, other users, third parties, or yourself to be subject to complaints, disputes, claims, revocations, refunds, fees, fines, penalties, or other liabilities; (3) allowing your Binance account to have negative value or volume of digital assets;
h. provide false, inaccurate or misleading information to Binance in any communication with Binance regarding the use of Binance Services or otherwise related to these Terms;
i. (1) use any deep link, crawler, robot, spider or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Binance Services to obtain or attempt to obtain any materials, documents or information through any means other than those intentionally made available through the Binance Services; (2) attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Binance Services or any server of Binance or any Binance Service made available through the Platform, by hacking, password mining or any other illegitimate or prohibited means; (3) probe, scan or test the vulnerability of the Binance Services or any network connected to the Platform, or breach any security or authentication measures on the Binance Services or any network connected to the Binance Services; (4) reverse look-up, trace or attempt to trace any information on any other user of or visitor to the Binance Services; (5) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Binance Services or Binance’s systems or networks, or on the infrastructure of any systems or networks connected to the Binance Services; (6) Use any device, software or routine to interfere with the normal operation of Binance Services, any transactions on Binance Services, or any other person’s use of Binance Services; or (7) forge headers, impersonate or otherwise manipulate identities to disguise your identity or the origin of any message or transmittal you send to us;
j. modify or adapt the Platform or any part of it, or merge or incorporate the Platform into another program or application;
k. disassemble, decompile, reverse engineer or otherwise attempt to derive the source code, object code underlying concepts, ideas and algorithms of the Platform or its components;
l. modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, decompose, broadcast, publish, delete or change any copyright notice or label, or license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, or create derivative works or otherwise exploit any part of the Binance Intellectual Property or any part of the Binance Intellectual Property;
m. facilitate any virus, Trojan horse, worm or other computer programming routine that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information related to the Binance Services;
n. (1) use of anonymous proxies; (2) use of any temporary, disposable, self-destructing or similar email addresses when opening a Binance account and/or using Binance services; (3) use of any device, software or routine to bypass Binance's automatic exclusion headers, or interfere or attempt to interfere with the Binance website or Binance services; and (4) take any action that may cause Binance to lose any services provided by its Internet service providers or other providers;
o. Create or purport to create any security on any fiat currency or digital assets held in any of your Binance accounts without Binance’s prior written consent;
p. violate or attempt to violate (1) any applicable law; or (2) the copyright, patent, trademark, trade secret or other intellectual property right, or right of publicity or privacy of Binance or any third party; and/or
q. (1) directly or indirectly access, use, or attempt to access or use Binance Services in jurisdictions deemed by Binance to be high risk, including but not limited to Cuba, Iran, North Korea, and Syria; or (2) directly or indirectly access, use, or attempt to access or use Binance Services with persons deemed by Binance to be high risk, including but not limited to persons or entities named as restricted individuals or groups on any list of the United States, the United Kingdom, the European Union, or the United Nations (including the sanctions lists maintained by the United States Office of Foreign Assets Control, or the Denied Persons List or Entity List maintained by the United States Department of Commerce).
27. Representations and Warranties
You hereby represent and warrant to Binance that you will always ensure that:
a. All documents and information you provide to Binance are true, accurate, complete and up-to-date in all respects, and Binance may use them to determine whether you are eligible to access the Platform or use Binance Services;
b. All decisions related to these Terms are based solely on your own judgment, which is made after independent assessment of your financial resources, ability and willingness to assume relevant risks and achieve your financial goals;
c. You have full power, authority and capacity to (1) access and use the Platform and/or Binance Services; and (2) enter into, deliver and perform your obligations under these Terms and any agreements entered into pursuant to or in connection with these Terms, including but not limited to any Product Terms;
d. If you are a partner in a corporation, partnership, or trustee of a trust:
i. the company, partnership or trust has been and will continue to be operated in a manner consistent with applicable law and any partnership deed or trust deed (or other similar document);
ii. You will immediately notify us of any change in the status of any director, partner, trustee, custodian, ultimate beneficiary or any person authorized to operate your Binance account due to resignation, removal, appointment or death; and
iii. you will promptly notify us if the company, partnership or trust is dissolved voluntarily or involuntarily;
e. have unconditionally obtained in writing and disclosed to Binance in writing all third-party consents, licenses, authorizations, approvals and agreements required for you to (1) access and use the Platform and/or Binance Services; and (2) enter into, deliver and perform the transactions contemplated under these Terms and any agreement entered into pursuant to or in connection with these Terms, as well as all authorizations, approvals, licenses, consents, registrations, declarations, filings and unrevoked or amended by any regulatory authority, government department, commission, agency or other organization with jurisdiction over you;
f. These Terms and any agreement entered into under or as a result of these Terms constitute valid and legally binding obligations and are enforceable against you in accordance with their respective terms;
g. You are not a Restricted Person;
h. If you are a legal entity, you are duly registered, established and validly existing in the jurisdiction in which you are located and have full authority to transact business. If you are an individual, you are at least 18 years of age; and
i. Your access and use of the Platform and/or Binance Services, execution, transactions and performance of obligations under these Terms and any agreement entered into pursuant to or arising from these Terms will not:
i. results in a violation or inconsistency of any provision of your charter, articles of incorporation, partnership agreement, trust deed or equivalent organizational document (if you are a legal entity, a partner in a partnership or a trustee of a trust);
ii. causes or constitutes a breach of any instrument, agreement, document or undertaking to which you are a party or to which you or any of your property is bound or governed; and
iii. cause you or us or any third party to violate any applicable law, statute or order of any court, or any award of any arbitrator, or any governmental or regulatory authority in any jurisdiction.
28. Technical Disclaimer
28.1. No Representations or Warranties . The Binance Services and any information provided on the Website and Platform, including the chat service, are provided on an "as is" and "as available" basis, without any representations or warranties, express or implied, to the maximum extent permitted by applicable law. Specifically, Binance disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. Binance does not represent or warrant that access to the Website, Platform, any of your Binance accounts, Binance Services or any materials contained therein will be continuous, uninterrupted, timely or error-free. This may result in a period of inability to trade on the Platform and may also cause delays.
28.2. Suspension of Access . Binance may suspend access to Binance accounts and/or Binance Services from time to time for scheduled and emergency maintenance. Binance will make reasonable efforts to ensure timely processing of transactions on the platform, but makes no representations or warranties as to the time required to complete processing, which depends on many factors beyond our control.
28.3. Content . Although we make reasonable efforts to update the information on the Website and Platform, we make no representations, warranties or guarantees, whether express or implied, that the content, including information related to Binance Services, is accurate, complete or up-to-date.
28.4. Third-party websites . Links to third-party websites (including but not limited to the content, materials and/or information in third-party websites) are provided for convenience, but they are not under our control. You acknowledge and agree that Binance is not responsible for any aspect of the content, materials, information or services contained on any third-party website that may be accessed or linked from the Platform or Website.
28.5. Network Access and Compatibility : You are solely responsible for obtaining access to the data networks necessary to use the Binance Services. You are solely responsible for obtaining and updating compatible hardware or devices required to access and use the Binance Services, Websites, and any updates thereto. Binance does not guarantee that the Binance Services, or any part thereof, will operate on any particular hardware or device. The Binance Services may be subject to failures and delays inherent in the Internet and electronic communications.
29. Indemnification
29.1. Third Party Claims . You shall indemnify and hold Binance harmless from any claim, suit, action, demand, dispute, allegation or investigation brought by any third party, governmental agency or industry body, and from all claims, liabilities, damages (actual and indirect), losses (including any direct, indirect or consequential losses, loss of profits, loss of reputation), costs and expenses, including but not limited to all interest, penalties, legal and other reasonable attorneys’ fees and other professional costs and expenses (“ Losses ”) arising out of or in any way related to:
a. You access or use your Binance account and/or Binance Services;
b. your breach or alleged breach of these Terms, or your breach of any other clause or sub-clause of these Terms, including any Product Terms and any other terms and conditions incorporated by reference;
c. your violation of any applicable laws; and
d. Your violation of any third party’s rights.
29.2. Control . Binance reserves the right to control the defense of any third-party claim that is subject to indemnification by you, in which case you will fully cooperate with us in asserting any defense. You may not settle any claim or loss without Binance’s prior written consent.
29.3. Release . You hereby agree to release Binance from any and all claims and demands arising directly or indirectly from any dispute between you and any other user or other third party arising out of or related to the Binance Services (including any digital asset transactions) or the subject matter of these Terms (and waive any rights you may have against Binance for any losses you may suffer or incur).
30. Liability
30.1 Binance's liability. The liability of Binance and Binance Affiliates to you or any third party in any event shall be limited to the actual amount of loss or damage directly caused by Binance's breach of these Terms and reasonably foreseeable, and in no event shall exceed the fees paid by you to Binance in the 12 months prior to the event giving rise to the loss. This compensation amount will be paid by Binance to you in full and will be the final settlement amount, and will fully reimburse Binance and any Binance Affiliates for any and all losses and claims arising from any breach of contract for any reason. You acknowledge and agree that Binance or any Binance Affiliates is not aware of any special circumstances of yours, that damages are a sufficient remedy, and that you are not entitled to any other claims or relief at law or in equity, including but not limited to any property claims, injunctions and/or specific performance.
30.2 Limitation of Liability . Notwithstanding any other provision of these Terms, in no event will Binance or any Binance Affiliate be liable to you or any other person or entity for:
a. any direct or indirect loss (including loss of profit, business or opportunity), damages or costs arising out of or in connection with these Terms, including but not limited to:
i. any risks identified in the Risk Warning (as updated from time to time);
ii. the operation, functionality, security or availability of any underlying digital asset protocol;
iii. Whether the secured digital assets are value-preserving, or whether each issuer of the secured digital assets holds sufficient reserves for any secured digital assets;
iv. any act or omission under these Terms;
v. any inaccuracies, defects or omissions in the digital asset price data, any errors or delays in the transmission of such data, and any interruptions in such data;
vi. Binance's scheduled or irregular maintenance, including any service interruptions and changes caused by such maintenance;
vii. The device that enables access to and use of Binance Services is stolen;
viii. any damages caused by the actions, omissions or violations of these Terms by other users and any other third-party actions;
ix. (1) any damage or disruption caused by computer viruses, spyware or other malware that may affect your computer or other devices, or any phishing, spoofing or other attack; (2) the failure, damage or destruction of your hardware, or the damage or loss of any records or data stored on your hardware for any reason; or (3) your use of the Internet to connect to Binance Services, or any technical problems, system failures, malfunctions, communication line failures, high Internet traffic or demand, related problems, security breaches or any similar technical problems or defects you encounter;
x. Binance decides to reject your application to open a Binance account in accordance with Section 7.1;
xi. any termination, suspension, suspension or restriction of any Binance Account or Binance Services, including your inability to withdraw digital assets, issue instructions or conduct transactions in accordance with these Terms or any Product Terms during any suspension, suspension or restriction;
xii. any trading restrictions imposed on your Binance Account pursuant to Section 14.1;
xiii. any choice made by Binance to support or not support Digital Assets pursuant to Section 15.1;
xiv. Binance is unable to contact you via the contact information you provided under Section 3.2;
xv. Binance closes dormant accounts in accordance with Section 19.3;
xvi. failure to complete a Transaction pursuant to clause 12.1 or to meet any of its completion deadlines;
xvii. market making activities carried out by the Market Maker pursuant to Clause 13.2;
xviii. Any instructions issued by Binance based on your Binance account or email address;
xix. Binance’s refusal to execute any order or delay in executing any order pursuant to Section 11.1;
xx. any security breach or vulnerability of your email address;
xxi. Losses caused to you by fraud or scam by a third party that uses Binance as the recipient of your fiat currency or digital assets, or converts fiat currency into digital assets at your request, or transfers digital assets out of the Binance platform;
xxii. any losses arising from or related to the issuance of new digital assets, initial coin offerings (ICOs), or the decision to list or not list digital assets on the Platform;
xxiii. the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, price or continued availability of the Binance Services, or any delay or omission in the use of the Binance Services, or any failure of any connection or communication service to provide or maintain your access to the Binance Services, or any interruption or disruption of your access, or any communication errors between us for any reason, and
xxiv. any transaction, instruction or operation you conduct or claim to conduct through your email or Binance account;
b. any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential loss or damage, whether arising out of or in connection with the Binance Website, Platform, your Binance Account, Binance Services, these Terms, Product Terms, Privacy Statement and/or any agreement entered into under these Terms or otherwise; and/or
c. any losses that form part of a claim that has not been settled by formal legal action commenced within one calendar year after the event giving rise to the claim. You agree and acknowledge that this clause will modify any limitation period required by law and, if applicable law prohibits this, this clause will be construed as a limitation period of the shortest enforceable period. Without prejudice to the generality of the foregoing, please note Section 32: Claims may only be resolved by binding arbitration.
30.3 Damage or Interruption . Binance is not responsible for any damage or interruption caused by computer viruses, spyware, malware, Trojan horses, worms or other malicious software that may affect your computer or other devices, or for any phishing, spoofing or other attacks. Binance recommends that you regularly check for viruses using reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are susceptible to spoofing and phishing attacks and you should be cautious when viewing messages purporting to be from Binance. You and, where relevant, Permitted Users are solely responsible for the security of all login credentials (including usernames and passwords) and should keep details related to account security secure at all times.
Dispute Resolution: Waiver of Court, Arbitration, and Class Actions
For the avoidance of doubt, nothing in this section will deprive you of any legal rights you may have under applicable law.
31. Claim Notification and Dispute Resolution Period
31.1. If you have any concerns about the Services, please contact Binance first to resolve them. If possible, Binance hopes to resolve your concerns without resorting to formal legal proceedings. If the initial resolution of the concern is not satisfactory to you, then Binance will issue you a ticket. The issuance of the ticket will automatically initiate the internal dispute resolution process. Binance will attempt to resolve the dispute internally as quickly as possible. The parties agree to negotiate in good faith to resolve the dispute (discussions to resolve the dispute shall be confidential and subject to the relevant provisions that settlement discussions may not be used as evidence in any legal proceedings).
31.2. If the Dispute cannot be resolved to your satisfaction and you wish to assert a claim against Binance, you agree to set forth in writing the basis for such claim in a “Claim Notice” and give it to Binance as prior notice. The Claim Notice must (1) describe the nature and basis of the claim or dispute; (2) state the specific relief sought; (3) provide the original order number; and (4) include the email address of your Custody Account. The Claim Notice should be submitted to the following URL: https://www.binance.com/zh-CN/chat . Once you submit a Claim Notice to Binance, the dispute referred to therein may be submitted to arbitration by either Binance or you in accordance with the following terms (Arbitration Agreement).
31.3. For the avoidance of doubt, submitting a dispute to Binance for internal resolution and sending a claim notice to Binance are prerequisites to commencing arbitration proceedings (or any other legal proceedings).
31.4. During the arbitration, any settlement amount proposed by you or Binance shall not be disclosed to the arbitrator.
32. Arbitration Agreement
32.1. Unless otherwise required by applicable law or another choice is provided to you, you and Binance agree that, subject to the above provisions (Claim Notification and Dispute Resolution Period), any Claim shall be determined by binding and final individual (not class) arbitration conducted by the Hong Kong International Arbitration Centre (“ HKIAC ”) in accordance with the HKIAC Rules then in effect, which Rules are incorporated by reference into these Rules.
32.2. The place of arbitration shall be Hong Kong.
32.3. The arbitral tribunal shall consist of one (1) arbitrator who shall be appointed in accordance with the HKIAC Rules then in force.
32.4. The language of the arbitration shall be English.
32.5. You and Binance further agree that the arbitrator shall have exclusive authority to rule within his or her own jurisdiction, including, without limitation, exclusive authority to rule on any objection to the existence, scope, or validity of the Arbitration Agreement or the arbitrability of any Claim.
32.6. The arbitration clause set forth in this Article will survive any termination of these Terms.
32.7. Limitation Period for Application: Any arbitration against Binance must be commenced by filing and serving a Notice of Arbitration in accordance with the HKIAC Rules within one (1) year after the date on which the User asserting the claim first discovered or should have discovered the alleged act, omission or breach giving rise to the claim (the “ Limitation Period ”). For the avoidance of doubt, the Limitation Period shall include the Dispute Resolution Period set forth in Section 31.1. If the User fails to file and serve a Notice of Arbitration on Binance with respect to any claim within the Limitation Period, the User shall not be entitled to any remedy or relief with respect to the relevant claim. If the Limitation Period is inconsistent with applicable law, the User must file any claim against Binance within the shortest time permitted by applicable law. The Notice of Arbitration may be served on Binance in accordance with applicable law and the Service Rules.
32.8. Note: If Binance initiates arbitration against you, Binance will send the notice to the email or mailing address you provide. You agree that any notice sent to the email or mailing address may be valid for any purpose, including but not limited to determining the adequacy of the service. You are obligated to ensure that the email and/or mailing address on file with Binance is the latest and most accurate address.
33. Confidentiality
33.1. The parties agree that the arbitration shall be confidential. The existence of the arbitration, the fact of the existence of a claim or its substance, all documents and information provided or exchanged in connection with the arbitration, submissions made during the arbitration, any order made or any award rendered shall be confidential and shall not be disclosed by either party to any third party other than the Arbitral Tribunal, HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers and any other persons necessary for the conduct of the arbitration. Notwithstanding the foregoing, either party may disclose the following confidential information:
a. if the other party has given written consent;
b. to the extent required by applicable law or the regulations of any regulatory or supervisory body with jurisdiction to which the party is or may be subject, or pursuant to any order of a court or other competent authority or tribunal of competent jurisdiction;
c. in connection with the commencement, prosecution or defense of any bona fide legal proceeding by a party to enforce or challenge any award rendered in the arbitration; and
d. The relevant confidential information enters the public domain without any violation of this Agreement.
The confidentiality provisions of these Terms shall survive termination of these Terms and the conclusion or suspension of any arbitration initiated under these Terms.
34. Governing Law
Except to the extent applicable law provides otherwise or provides you with another choice, these Terms (including this Arbitration Agreement) shall be governed by and construed in accordance with the laws of Hong Kong.
35. Waiver of Class Actions
You and Binance agree that any claim shall be brought against Binance in your individual capacity and not as a plaintiff or class member in a purported class or representative action. To the extent permitted by applicable law, you further agree to waive any right to bring, hear or arbitrate such claims in a class, class, representative or private attorney general action. Individual arbitrations may not be consolidated or joined into one arbitration without Binance's consent.
General
36. General Terms
36.1. Applicable Laws . You and any Permitted Users must comply with all applicable laws, licensing requirements, and third-party rights (including data privacy laws and anti-money laundering and countering the financing of terrorism laws) when using the Binance Services, your Binance Account, and the Platform.
36.2. Notice . Binance may send notices to your email account via email. You should ensure that you provide the latest and accurate email account. If a notice is sent via an email account, the notice will be deemed to have been sent and received regardless of whether you receive a failure notification.
You may only send notices to Binance in accordance with Binance’s instructions, which may change from time to time.
Any notice, consent or other communication given under these Terms must be in writing, in English, and signed or otherwise authorized by the party giving it.
36.3. Announcements . All official announcements, news, promotions, competitions and airdrops will be posted on the Official Website. These announcements are important and may relate to matters of concern that may affect the value or security of your digital assets. You are solely responsible for following the Official Website, reading and considering the announcements.
36.4. Entire Agreement . These Terms and any applicable Product Terms constitute the entire agreement between you and Binance regarding the Binance Services. Each party acknowledges that it has not relied on any statement, representation, warranty or guarantee (whether made negligently or unintentionally) other than those expressly set forth in these Terms or any Product Terms, and has no rights or remedies in respect thereof.
36.5. Assignment . You may not assign or transfer any of your rights or obligations under these Terms without Binance’s prior written consent. However, Binance may assign or transfer any rights or obligations under these Terms to any other person at any time, including but not limited to rights or obligations in connection with any merger, acquisition or other corporate reorganization of Binance.
36.6. Invalidity . If at any time any clause or sub-clause of these Terms becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining clauses or sub-clauses will not be affected or impaired in any way.
36.7. Recording . You agree that Binance may record any phone calls, emails, chat conversations, and any other forms of communication between you and Binance, including communications between you and Binance regarding sending instructions or implementing transactions, and you agree that such records may be used as evidence in any litigation related to any agreement with you. These records will be owned entirely by Binance.
36.8. Language . These Terms may be translated into a language other than English. Any such translation is provided solely for your convenience. In the event of any conflict or inconsistency, the English text shall prevail.
36.9. Third Party Rights . Except with respect to Binance Affiliate Partners, nothing in these Terms or any reference thereto shall be construed as conferring upon any person other than the parties hereto any legal or equitable right, remedy or claim under or in connection with these Terms or any of their terms or sub-terms. These Terms and all their terms and sub-terms shall inure exclusively to the benefit of the parties hereto and their successors and permitted assigns.
36.10. Survival . All clauses and subclauses of these Terms that by their nature should survive expiration or termination of these Terms will continue to be binding and effective after termination or expiration of these Terms.
36.11. Relationship between the Parties . Binance is not your agent for the enforcement of these Terms. These Terms shall not be construed as the fact or evidence of a combination, joint venture, partnership or franchise between the Parties.
36.12. Digital Assets. Binance records the quantity and type of any digital assets in your Binance account. Binance is not the custodian of any digital assets in your name and does not assume custodian responsibility for any digital assets in your name. When you instruct Binance to transfer or otherwise deal with digital assets, Binance will not use any specific digital asset (no matter how identifiable) to execute your instructions. In accordance with the provisions of these Terms, Binance will use the same type of digital assets as the amount of digital assets credited to your Binance account when executing your instructions.
36.13. Force Majeure . Binance shall not be liable for any delay or failure to perform under these Terms if performance is delayed or impossible due to force majeure.
36.14. No Waiver . Binance’s delay or failure to exercise any right or remedy under these Terms shall not be deemed a waiver of future exercise of such right or remedy, nor a waiver of any other right or remedy under these Terms. The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights or remedies provided by applicable law.
36.15. Offset . In addition to any legal or other remedies provided by these Terms or by law, Binance may offset any amounts owed by you to Binance pursuant to these Terms or otherwise. You must pay all amounts owed to Binance without any form of offset, counterclaim, deduction or withholding, except to the extent such offset, counterclaim, deduction or withholding is required by applicable law.
36.16. Privacy of Others . If you receive information about another user through the Platform or through the use of Binance Services, you must keep such information confidential and use it only in connection with the Binance Services and always in accordance with applicable law. You may not disclose or distribute any user information to third parties or use such information in any manner other than as reasonably necessary to effectuate a transaction.
36.17. Violation Publication . If you violate these Terms, Binance may publish or otherwise provide Binance users with details of your violation (including any information you provided to Binance). Binance will only do so if it determines that such action is necessary to protect other users or comply with applicable laws.
36.18. Death of Binance Account Holder . If you die or become incapable, your personal representative or survivor (one or more persons) must notify Binance in writing as soon as possible. If we have reason to believe that you are dead, we may suspend your Binance account. Your Binance account will be suspended until:
a. Your personal representative or authorized beneficiary, (1) creates a Binance account in accordance with these Terms; or (2) provides wire transfer instructions; and
b. Provide sufficient legal documentation to prove that they have the right to receive the assets in your Binance account; or
c. You provide sufficient evidence to prove that you are not deceased.
The beneficiary receiving the wire transfer will receive the liquidated value of the assets in your Binance Account, less any fees and costs associated with the transfer. Whether Binance can provide the assets in your Binance Account to your Representative is subject to the provisions of applicable law and the restrictions set forth in these Terms. Binance does not commit to any specific timeline for the transfer of assets in your Binance Account.
36.19. Taxes . You are responsible for determining what taxes, if any, apply to payments you make or receive, and for collecting, reporting, and paying the correct taxes to the relevant tax authorities. You agree that Binance is not responsible for determining whether any taxes apply to your use of Binance Services, nor is it responsible for collecting, reporting, or paying any taxes arising from any transactions or use of Binance Services.
You understand that Binance may file certain reports with tax authorities regarding transactions conducted through the Platform, and Binance may, at its sole discretion or as required by applicable law, provide you with additional documents or records necessary for you to calculate any taxes. Binance may also withhold and deduct at source any taxes payable under applicable law as determined in our sole discretion.
37. Definitions and Interpretation
Under these Terms:
a. The headings and numbering of these Terms are for convenience only and shall not affect the meaning, priority or interpretation of any clause or sub-clause thereof;
b. the expressions “include” or “including” mean including but not limited to;
c. a promise to do or not to do something shall be deemed to include a promise not to permit or accept that thing;
d. words denoting the singular include the plural and vice versa and words denoting gender include both genders;
e. any reference to any document is a reference to that document as amended, modified or updated from time to time and not a reference to a breach of these Terms or that document; and
f. In the event of any inconsistency between the provisions of these Terms (including any documents referred to therein), the provisions and documents shall prevail in the following order of precedence:
i. Product Terms;
ii. Privacy Notice ; and
iii. These Terms.
g. Unless the context requires otherwise, the following terms shall have the following meanings:
Access ID means your Binance account details, username, password, personal identification number, API key, API cryptographic key or any other code or form of authentication that you use to access your Binance account or Binance Services or send instructions.
Account History means the written record (including electronic records) of your transactions and your Binance Account.
API refers to Application Programming Interface.
Applicable Law means all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, bye-laws, rulings, instructions, announcements, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental, regulatory or other body, or a self-regulatory body of which Binance is a member) that apply to the provision, receipt or use of the Binance Services, or the provision, use or acceptance of any other products or deliverables in connection with the Binance Services, these Terms or any Product Terms.
Secured Digital Assets has the meaning set forth in Section 15.3.
Binance , we , us or our refers to Nest Services Limited, a company incorporated under the laws of the Republic of Seychelles with registration number 238045 and registered address at House of Francis, Room 303, Ile Du Port, Mahe, Seychelles.
Binance Account refers to any account (including Binance Enterprise Account) or sub-account (including any Binance sub-account) opened by Binance that records your use of Binance Services.
Binance Affiliate Partner means, with respect to Nest Services Limited, any other person who directly or indirectly controls, is controlled by or is under common control with Nest Services Limited.
In the case of Binance, Binance API refers to the API provided to you by Binance Affiliates as a service or in the form of third-party applications that rely on such API.
Binance Intellectual Property means the Creative Intellectual Property and all other Intellectual Property owned by Binance or licensed to Binance on a sublicensable basis as of the date of these Terms, and any other Intellectual Property owned, acquired by Binance or licensed to Binance on a sublicensable basis after the date of these Terms, and the Intellectual Property that you provide to Binance in the course of Binance providing Binance Services to you.
Binance Services refer to the services provided by Binance to you through the Platform.
Binance Subaccount refers to a subaccount established under a Binance Primary Account.
Chat Service has the meaning set out in Section 5.
A Claim means any dispute, claim, disagreement or controversy between you and Binance (and/or any Binance Affiliate Partner) arising out of, relating to or in any way connected with:
(a) these Terms or any Product Terms, including their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or the consequences of their invalidity;
(b) the relationship between you as a User and Binance (and/or any Binance Affiliate Partner) (whether such relationship is based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether or not a claim arises during or after the termination of these Terms); or
(c) any non-contractual obligations arising out of or in connection with these Terms, any Product Terms or the relationship between you and Binance (and/or any Binance Affiliate Partner).
Control is the power of one person to ensure that the affairs of another person are conducted in accordance with the first person's wishes. Control can be achieved by:
(a) in the case of a corporation, being the beneficial owner of more than fifty percent (50%) of the issued share capital or voting power of such corporation; or having the power to appoint and remove a majority of the directors; or controlling the voting at meetings of the board of directors of such corporation by virtue of any power conferred by its constitutional documents, shareholders’ agreement, a majority of the membership of its board of directors or any other document governing the affairs of such corporation; or by any other means; or
(b) in the case of a partnership, as the beneficial owner of more than fifty percent (50%) of the capital of the partnership; or by virtue of any power conferred by the partnership agreement or any other document governing the affairs of the partnership, as the person who controls the composition of the management of the partnership or controls the majority of the voting power; or by any other means.
A Binance Enterprise Account refers to a Binance account opened for a company, entity, or other organization for the purpose of providing Binance Services.
Created Intellectual Property means any intellectual property created by you under these Terms, including User Materials but excluding any other User Intellectual Property.
Digital assets refer to digital representations of value or rights that can be transferred and stored electronically using distributed ledger technology or similar technologies, including but not limited to cryptocurrencies, stablecoins, non-fungible tokens and any other tokenized derivatives of digital assets.
A dominant digital asset refers to a forked digital asset that is produced after a fork due to currency security rights and has a dominant position compared to one or more other versions of digital assets.
Email Account means the email account associated with your Binance Account as agreed with Binance from time to time in accordance with any process determined by Binance when you use the Platform.
Fiat currency means any national or supranational currency issued by a government or central bank, or other monetary debt denominated in such currency that is not a digital asset.
Force majeure events are:
a. any fire, strike, riot, civil commotion, act of terrorism, war or industrial action;
b. Any natural disasters such as floods, tornadoes, earthquakes and hurricanes;
c. any epidemic, outbreak or public health emergency of national or international concern;
d. any act or regulation enacted by a government, supranational body or authority that Binance deems to prevent Binance from providing Binance Services on the Platform;
e. Any Binance Affiliate Partner is suspended or closed;
f. Nationalization of any Binance Affiliate Partner;
g. Governments impose restrictions or unusual terms on any digital asset traded on the Binance platform;
h. excessive changes in the price, supply or demand of any Digital Asset;
i. technical failures of transmission, communications or computer facilities, including power failures and electronic or equipment failures;
j. Any vendor, intermediary broker, agent, primary custodian, sub-custodian, dealer, trading platform, staking platform, liquidity pool, bridge provider, collateralized digital asset issuer, market maker, clearing house or regulator fails to fulfill its obligations to Binance;
k. Liquidity providers do not provide or are unable to provide liquidity to Binance;
l. any labor or industrial dispute, strike, industrial action or lockout (other than industrial action or lockout initiated by Binance or a Binance Affiliate Partner); and/or
m. Events that materially disrupt the digital asset market, which may include excessive changes in the price, supply, or demand for a digital asset, whether regulated or unregulated.
Forks refer to any planned, unplanned, sudden, prearranged, expected, unexpected, publicly advertised, unknown, consensual and/or controversial changes in the basic operating rules of certain digital assets that may occur from time to time, resulting in the creation of one or more related versions of existing digital assets.
Forked digital assets refer to digital assets generated by forking.
Instructions means any instructions, requests or orders issued by you or a Licensed User to Binance in connection with the operation of your Binance Account, or instructions that Binance may require to execute any transaction through such medium, in such form and manner.
Intellectual Property Rights means: (a) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or not); (b) applications for registration of any of the foregoing rights and the right to apply for registration of any of the foregoing rights; and (c) all other intellectual property rights and equivalent or similar forms of protection which exist anywhere in the world.
“Prohibited Countries List” means the list of countries accessible via https://www.binance.com/en-US/legal/list-of-prohibited-countries .
Local Terms refer to the terms set forth in any particular jurisdiction that govern your use of the Binance Services.
Loss has the meaning set out in Clause 29.1.
Manifest Error means any error, omission or misquote (whether by Binance or any third party) which is obvious or readily detectable, including any misquote made by any representative of Binance taking into account current markets and current advertised quotes, or any error in any information, source, officer, official result or pronunciation.
Mobile App means any mobile application developed or provided by Binance or any Binance Affiliate Partner that enables You to use or otherwise access the Binance Services.
Permitted User means any person designated by you under these Terms who is authorized to act on behalf of the User for any Binance Business Account and to notify us.
Platform means the digital platform through which Binance or any Binance Affiliate Partner can provide Binance Services to you through the official website, mobile app, Binance API or other methods specified by Binance Affiliate Partner from time to time.
“Privacy Notice” means the privacy notice published at https://www.binance.com/zh-CN/privacy .
“Product Terms” means product-specific terms and conditions applicable to the use of Binance Services in addition to these Terms.
Regulatory Authority means any foreign, domestic, state, federal, municipal or local government, executive, legislative, judicial, administrative, supervisory or regulatory authority, agency, quasi-governmental body, court, commission, governmental organisation, self-regulatory body with a regulatory authority, tribunal, tribunal or panel or supranational organisation, or any department or instrumentality thereof, including any tax authority.
A restricted person is an individual or legal entity that: (a) is listed on any trade embargo or economic sanctions, terrorist or foreign corrupt official list (lists published by government agencies, such as the United Nations Security Council sanctions lists, including the Specially Designated Nationals List maintained by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC), or the U.S. Department of Commerce's Denied Persons or Entity List, or lists published by the United Kingdom, the European Union, or Canada); or (b) is resident, established or operating in any country listed on the Prohibited Countries List .
Risk warnings refer to the general risk warnings published on the official website.
Security vulnerabilities
a. Your Binance account or any of your access IDs has been compromised;
b. loss, theft or unauthorized use of any of your Access IDs, or access and use of your Binance Account or Binance Services on your behalf without your authorization; or
c. any other security incident affecting you and/or Binance (including cybersecurity attacks).
Website refers to Binance.com and any other website, page, feature or content owned or operated by Binance.
Supported digital assets refer to the digital assets that you can use when using Binance Services.
Terms means these Terms of Use, and any other documents expressly incorporated by reference, including the Product Terms, all of which may be amended or supplemented from time to time.
Trademarks refer to the intellectual property in the trademarks, service marks and logos used and displayed on or through the Platform, Website and/or Binance Services.
Trading means selling, buying or conducting any other type of transaction, or agreeing to sell/buy or conduct transactions related to Digital Assets, their derivatives, other assets or any other products that Binance allows the Platform to conduct from time to time, as well as depositing Digital Assets or Fiat Currency into or withdrawing them from your Binance Account.
User Intellectual Property means the intellectual property owned by you or licensed to you on the effective date of these Terms, and any other intellectual property owned, acquired or licensed to you after the date of these Terms, excluding Binance Intellectual Property.
User Materials means the intellectual property rights contained in any comments, posts, information, data and reviews that you or other users provide to Binance through the Website (through Binance’s “Contact Us” page or otherwise), the Platform, through use of Binance Services or otherwise.
Official Website refers to the website at www.binance.com .