DigitalTradesHoldings Terms of services

Last revised: 13 January, 2021

These DigitalTradesHoldings Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and DigitalTradesHoldings operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any DigitalTradesHoldings Services (as defined below) provided by DigitalTradesHoldings (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy at   https://www.DigitalTradesHoldings.io/privacy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.

Please read the terms carefully as they govern your use of DigitalTradesHoldings Services.THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF DigitalTradesHoldings SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF DigitalTradesHoldings SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) DigitalTradesHoldings SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.

By accessing, using or attempting to use DigitalTradesHoldings Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access DigitalTradesHoldings or utilize DigitalTradesHoldings services.

I. Definitions

1. DigitalTradesHoldings refers to an ecosystem comprising DigitalTradesHoldings websites (whose domain names include but are not limited to  https://www.DigitalTradesHoldings.io), mobile applications, clients, applets and other applications that are developed to offer DigitalTradesHoldings Services, and includes independently-operated platforms, websites and clients within the ecosystem (e.g. DigitalTradesHoldings’s Open Platform, DigitalTradesHoldings Launchpad, DigitalTradesHoldings Labs, DigitalTradesHoldings Charity, DigitalTradesHoldings DEX, DigitalTradesHoldings X, JEX, Trust Wallet, and fiat gateways). In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.

2. DigitalTradesHoldings Operators refer to all parties that run DigitalTradesHoldings, including but not limited to legal persons, unincorporated organizations and teams that provide DigitalTradesHoldings Services and are responsible for such services. For convenience, unless otherwise stated, references to “DigitalTradesHoldings” and “we” in these Terms specifically mean DigitalTradesHoldings Operators.UNDER THESE TERMS, DigitalTradesHoldings OPERATORS MAY CHANGE AS DigitalTradesHoldings’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF DigitalTradesHoldings OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW DigitalTradesHoldings SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE DigitalTradesHoldings SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED DigitalTradesHoldings OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.

3. DigitalTradesHoldings Services refer to various services provided to you by DigitalTradesHoldings that are based on Internet and/or blockchain technologies and offered via DigitalTradesHoldings websites, mobile applications, clients and other forms (including new ones enabled by future technological development). DigitalTradesHoldings Services include but are not limited to such DigitalTradesHoldings ecosystem components as Digital Asset Trading Platforms, the financing sector, DigitalTradesHoldings Labs, DigitalTradesHoldings Academy, DigitalTradesHoldings Charity, DigitalTradesHoldings Info, DigitalTradesHoldings Launchpad, DigitalTradesHoldings Research, DigitalTradesHoldings Chain, DigitalTradesHoldings X, DigitalTradesHoldings Fiat Gateway, existing services offered by Trust Wallet and novel services to be provided by DigitalTradesHoldings.

4. DigitalTradesHoldings Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by DigitalTradesHoldings, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.

5. Users refer to all individuals, institutions or organizations that access, download or use DigitalTradesHoldings or DigitalTradesHoldings Services and who meet the criteria and conditions stipulated by DigitalTradesHoldings. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.

6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.

7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.

8. DigitalTradesHoldings Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by DigitalTradesHoldings for Users to record on DigitalTradesHoldings their usage of DigitalTradesHoldings Services, transactions, asset changes and basic information. DigitalTradesHoldings Accounts serve as the basis for Users to enjoy and exercise their rights on DigitalTradesHoldings.

9. Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.

10. Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.

11. Collateral Accounts refer to special accounts opened by Users on DigitalTradesHoldings to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the DigitalTradesHoldings Contract Services Agreement and DigitalTradesHoldings Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.

12. Loan/Lending refers to DigitalTradesHoldings’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by DigitalTradesHoldings.

II. General Provisions

1. About These Terms

a. Contractual Relationship

These Terms constitute a legal agreement and create a binding contract between you and DigitalTradesHoldings Operators.

b. Supplementary Terms

Due to the rapid development of Digital Currencies and DigitalTradesHoldings, these Terms between you and DigitalTradesHoldings Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore,THE PRIVACY POLICY (https://www.DigitalTradesHoldings.io/privacy), DigitalTradesHoldings PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND DigitalTradesHoldings ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF DigitalTradesHoldings SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.

c. Changes to These Terms

DigitalTradesHoldings reserves the right to change or modify these Terms in its discretion at any time. DigitalTradesHoldings will notify such changes by updating the terms on its website (https://www.DigitalTradesHoldings.io/terms-of-services) and modifying the [Last revised] date displayed on this page.ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF DigitalTradesHoldings SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING DigitalTradesHoldings SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF DigitalTradesHoldings SERVICES.

d. Prohibition of Use

BY ACCESSING AND USING DigitalTradesHoldings SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. DigitalTradesHoldings RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF DigitalTradesHoldings SERVICES IN CERTAIN COUNTRIES OR REGIONS.

2. About DigitalTradesHoldings

As an important part of the DigitalTradesHoldings Ecosystem, DigitalTradesHoldings mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with DigitalTradesHoldings, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although DigitalTradesHoldings has been committed to maintaining the accuracy of the information provided through DigitalTradesHoldings Services, DigitalTradesHoldings cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall DigitalTradesHoldings be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about DigitalTradesHoldings Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. DigitalTradesHoldings does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on DigitalTradesHoldings or any other communication medium. All Users of DigitalTradesHoldings Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.

3. DigitalTradesHoldings Account Registration and Requirements

a. Registration

All Users must apply for a DigitalTradesHoldings Account at ((https://DigitalTradesHoldings.io/register) before using DigitalTradesHoldings Services. When you register a DigitalTradesHoldings Account, you must provide your real name, email address and password, and accept these Terms, the Privacy Policy, and other DigitalTradesHoldings Platform Rules. DigitalTradesHoldings may refuse, in its discretion, to open a DigitalTradesHoldings Account for you. You agree to provide complete and accurate information when opening a DigitalTradesHoldings Account, and agree to timely update any information you provide to DigitalTradesHoldings to maintain the integrity and accuracy of the information. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time. Institutional Users (including Users that are businesses and other legal entities) can open one or more subaccounts under the main account with the consent of DigitalTradesHoldings. For certain DigitalTradesHoldings Services, you may be required to set up a special account independent from your DigitalTradesHoldings Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this article and article 6, unless otherwise stated in these Terms or the Supplementary Terms.

b. Eligibility

By registering to use a DigitalTradesHoldings Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using DigitalTradesHoldings Services; (iv) you do not currently have a DigitalTradesHoldings Account; (v) you are a non-U.S User, unless you only log on to websites for U.S. Users and use DigitalTradesHoldings Services for U.S. Users. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of DigitalTradesHoldings Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.

c. User Identity Verification

Your registration of an account with DigitalTradesHoldings will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through DigitalTradesHoldings, or for other lawful purposes stated by DigitalTradesHoldings. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate.AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, DigitalTradesHoldings RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF DigitalTradesHoldings SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO DigitalTradesHoldings DURING YOUR USE OF DigitalTradesHoldings SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.
BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE DigitalTradesHoldings TO CONDUCT INVESTIGATIONS THAT DigitalTradesHoldings CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR DigitalTradesHoldings FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.

d. Account Usage Requirements

The DigitalTradesHoldings Account can only be used by the account registrant. DigitalTradesHoldings reserves the right to suspend, freeze or cancel the use of DigitalTradesHoldings Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify DigitalTradesHoldings immediately. DigitalTradesHoldings assumes no liability for any loss or damage arising from the use of DigitalTradesHoldings Account by you or any third party with or without your authorization.

e. Account Security

DigitalTradesHoldings has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for DigitalTradesHoldings Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your DigitalTradesHoldings Account and personal information.
You should be solely responsible for keeping safe of your DigitalTradesHoldings Account and password, and be responsible for all the transactions under your DigitalTradesHoldings Account. DigitalTradesHoldings assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.

f. Personal Data

III. DigitalTradesHoldings Services

1. Service Usage Guidelines

a. License

Provided that you constantly comply with the express terms and conditions stated in these Terms, DigitalTradesHoldings grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use DigitalTradesHoldings Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use DigitalTradesHoldings Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding DigitalTradesHoldings Services should be stipulated in the discretion of DigitalTradesHoldings. DigitalTradesHoldings reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using DigitalTradesHoldings Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use DigitalTradesHoldings Services. Therefore, you hereby agree that when you use DigitalTradesHoldings Services, DigitalTradesHoldings does not transfer DigitalTradesHoldings Services or the ownership or intellectual property rights of any DigitalTradesHoldings intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through DigitalTradesHoldings Services, are exclusively owned, controlled and/or licensed by DigitalTradesHoldings Operators or its members, parent companies, licensors or affiliates.
DigitalTradesHoldings owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about DigitalTradesHoldings or DigitalTradesHoldings Services that you provide through email, DigitalTradesHoldings Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to DigitalTradesHoldings. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.

b. Restrictions

2. Crypto-to-crypto Trading

Upon completion of the registration and identity verification for your DigitalTradesHoldings Account, you may conduct Crypto-to-crypto Trading on DigitalTradesHoldings in accordance with the provisions of these Terms and DigitalTradesHoldings Platform Rules.

a. Orders

Upon sending an instruction of using DigitalTradesHoldings Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in DigitalTradesHoldings’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, DigitalTradesHoldings will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize DigitalTradesHoldings to temporarily control the Digital Currencies involved in your Transaction.

b. Cancellation

For Orders initiated through DigitalTradesHoldings Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel DigitalTradesHoldings’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. DigitalTradesHoldings reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, DigitalTradesHoldings may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to DigitalTradesHoldings are deducted as stated in paragraph (c) below).

c. Fees

You agree to pay DigitalTradesHoldings the fees specified in  https://www.DigitalTradesHoldings.io/en/fee/schedule. DigitalTradesHoldings may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize DigitalTradesHoldings to deduct from your account any applicable fees that you owe under these Terms.

d. Other Types of Crypto-to-crypto Trading

In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, DigitalTradesHoldings may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated DigitalTradesHoldings Platform Rules, such as One Cancels the Other (OCO) and block trade.

3. Fiat Trading

Prior to conducting Fiat Trading, in accordance with type of fiat trading, you shall separately read and sign User Agreements with various DigitalTradesHoldings partnered OTC platforms, and comply with the Legal Statement, Privacy Policy，P2P User Transaction Policy （/en/support/faq/360041066751） and other specific DigitalTradesHoldings Platform Rules related to Fiat Trading as well as the business rules of such partners, and open an account on such DigitalTradesHoldings OTC platforms, following the completion of the registration and identity verification for your DigitalTradesHoldings Account, if applicable.
a. Fiat Payments
In order to provide adequate operational support for you in respect of refunds and cancelations (where applicable), the following DigitalTradesHoldings Operators shall be responsible for transactions as below:
- in respect of transactions available (Bank Card, GBP deposit/withdraw), DigitalTradesHoldings UAB (registration number: 305595206) and having its registered office at Didžioji g. 18, Vilnius, Lithuania
- DigitalTradesHoldings DIGITAL LIMITED (registration number: 12340481) having its registered office at Hub 26 Hunsworth Lane, Cleckheaton, England, BD19 4LN will only be responsible for receiving/transferring GBP on behalf of DigitalTradesHoldings UAB and will not be responsible for providing any Digital Assets exchange or custody services to you.

4. Futures Trading

Unless otherwise specified by DigitalTradesHoldings, to conduct Futures Trading, you must conclude with DigitalTradesHoldings a separate DigitalTradesHoldings Futures Service Agreement ( /en/support/faq/360033180732) and open a special Collateral Account, following the completion of registration and identity verification for your DigitalTradesHoldings Account. You acknowledge and agree that:

a. You fully understand the high risks of Futures Trading, including but not limited to the risk of major fluctuations of Digital Assets in Futures Trading, and the risk of exacerbated adverse outcome when leverage is used;

b. You have sufficient investment knowledge and experience and the capacity to take risks arising from Futures Trading, and agree to independently assume all the risks arising from the investment of Futures Trading;

c. Before performing Futures Trading, you have read and understood all the contents of the DigitalTradesHoldings Futures Service Agreement and the relevant DigitalTradesHoldings Platform Rules, and have consulted relevant professionals to make informed decisions on whether and how to complete Futures Trading according to their recommendations and your own reasonable judgment;

d. You agree and authorize DigitalTradesHoldings to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the DigitalTradesHoldings Futures Service Agreement and the relevant DigitalTradesHoldings Platform Rules to protect the legitimate interests of you, DigitalTradesHoldings and other Users.

5. Margins Trading

Unless otherwise specified by DigitalTradesHoldings, prior to conducting Margins Trading, you must open a special Collateral Account and/or complete other related procedures, following the completion of registration and identity verification for your DigitalTradesHoldings Account.

a. Risks of Margins Trading

b. To start Margins Trading:

6. Lending Services

Unless otherwise provided by DigitalTradesHoldings, to borrow currencies, you must conclude with DigitalTradesHoldings a separate Lending Services User Agreement and open a special Collateral Account and/or finish other relevant procedures, following the completion of registration and identity verification for your DigitalTradesHoldings Account. You understand and agree that:

a. There are considerable risks involved in Lending Services, which include without limitation to risks of fluctuation of the borrowed Digital Assets’ value, derivative risks and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using Lending Services, and you shall be responsible for all losses arising therefrom;

b. you shall cooperate to provide the information and materials related to identity verification and Lending Services as required by DigitalTradesHoldings, and be solely responsible for taking necessary security measures to protect the security of your Collateral Account and personal information;

c. you shall carefully read relevant DigitalTradesHoldings Platform Rules before using Lending Services, and be aware of, understand and observe the specific information and rules regarding the operations of Lending Services, and you undertake that the use of the assets borrowed shall conform to requirements of these Terms and related laws and regulations;

d. DigitalTradesHoldings has the full right to manage your Collateral Account and collateral during the period in which Lending Services are offered, and reserves the right, under the circumstances specified in the Lending Services User Agreement or these Terms, to implement various risk control measures, which include but are not limited to forced liquidation. Such steps may cause major losses to you and you shall be solely responsible for the outcomes of such measures;

e. DigitalTradesHoldings has the right to temporarily or permanently prohibit you from using Lending Services when it deems it necessary or reasonable, and to the maximum extent permitted by law, without liability of any kind to you.

7. DigitalTradesHoldings Savings Service

DigitalTradesHoldings offers DigitalTradesHoldings Savings, a service to provide Users with value-added services for their idle Digital Assets. To use DigitalTradesHoldings Savings service, you must conclude with DigitalTradesHoldings a separate DigitalTradesHoldings Savings Service User Agreement (/en/support/faq/360032559032) and open a special DigitalTradesHoldings Savings service account, following the completion of registration and identity verification for your DigitalTradesHoldings Account. When using DigitalTradesHoldings Savings service, you should note that:

a. DigitalTradesHoldings Savings assets will be used in cryptocurrency leveraged borrowing and other businesses.

b. When you use DigitalTradesHoldings Savings service, you will unconditionally authorize DigitalTradesHoldings to distribute and grant the leveraged interest according to DigitalTradesHoldings Platform Rules.

c. You shall abide by relevant laws and regulations to ensure that the sources of Digital Assets are legitimate and compliant when using DigitalTradesHoldings Savings service.

d. When you use DigitalTradesHoldings Savings service, you should fully recognize the risks of investing in Digital Assets and operate cautiously.

e. You agree that all investment operations conducted on DigitalTradesHoldings represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.

f. DigitalTradesHoldings reserves the right to suspend or terminate DigitalTradesHoldings Savings service. If necessary, DigitalTradesHoldings can suspend and terminate DigitalTradesHoldings Savings service at any time.

g. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension, termination or deviation of execution of DigitalTradesHoldings Savings service, DigitalTradesHoldings will use reasonable effort to ensure but not promise that DigitalTradesHoldings Savings service execution system runs stably and effectively. DigitalTradesHoldings does not take any responsibility if the final execution fails to match your expectations due to the above factors.

8. Staking Programs

DigitalTradesHoldings will from time to time launch Staking Programs for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their DigitalTradesHoldings Accounts. When participating in Staking Programs, you should note that:

a. Unless otherwise stipulated by DigitalTradesHoldings, Staking Programs are free of charge and Users may trade during the staking period;

b. DigitalTradesHoldings does not guarantee Users’ proceeds under any Staking Program;

c. DigitalTradesHoldings has the right to initiate or terminate Staking Program for any Digital Currencies or modify rules on such programs in its sole discretion;

d. Users shall ensure that sources of the Digital Currencies they hold in DigitalTradesHoldings Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, DigitalTradesHoldings has the right to take necessary steps in accordance with these Terms or DigitalTradesHoldings Platform Rules, including, without limitation, freezing DigitalTradesHoldings Accounts or deducting the Digital Currencies awarded to Users who violate the rules of respective Staking Programs.

9. DigitalTradesHoldings POS Service Agreement

a. DigitalTradesHoldings.io launched DigitalTradesHoldings POS service for DigitalTradesHoldings.io users to gain proceeds through idle cryptocurrency assets.

b. DigitalTradesHoldings POS assets will be used in cryptocurrency staking to gain proceeds and other businesses.

c. When you use DigitalTradesHoldings POS service, you will unconditionally authorize DigitalTradesHoldings.io to distribute the staking interest according to the rules of the platform.

d. You shall abide by the relevant laws of the State to ensure that the sources of assets are legitimate and compliant when using DigitalTradesHoldings POS service.

e. When you use DigitalTradesHoldings POS service, you should fully recognize the risks of investment in cryptocurrency and operate cautiously.

f. You agree that all investment operations conducted on DigitalTradesHoldings.io represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.

g. DigitalTradesHoldings.io reserves the right to suspend or terminate DigitalTradesHoldings POS service. If necessary, DigitalTradesHoldings.io can suspend and terminate DigitalTradesHoldings POS service at any time.

h. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of DigitalTradesHoldings POS service execution, DigitalTradesHoldings.io will use commercially reasonable effort to ensure but not promise that DigitalTradesHoldings POS service execution system run stably and effectively. DigitalTradesHoldings.io does not take any responsibility if the final execution doesn’t match your expectations due to the above factors.

IV. Liabilitys

1. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DigitalTradesHoldings SERVICES, DigitalTradesHoldings MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF DigitalTradesHoldings ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DigitalTradesHoldings EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, DigitalTradesHoldings DOES NOT REPRESENT OR WARRANT THAT THE SITE, DigitalTradesHoldings SERVICES OR DigitalTradesHoldings MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DigitalTradesHoldings DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF DigitalTradesHoldings SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT DigitalTradesHoldings WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY DigitalTradesHoldings AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY DigitalTradesHoldings; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY DigitalTradesHoldings.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

2. Disclaimer of Damages and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DigitalTradesHoldings, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF DigitalTradesHoldings SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF DigitalTradesHoldings SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF DigitalTradesHoldings AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF DigitalTradesHoldings HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF DigitalTradesHoldings’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF DigitalTradesHoldings, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF DigitalTradesHoldings AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF DigitalTradesHoldings SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO DigitalTradesHoldings UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

3. Indemnification

You agree to indemnify and hold harmless DigitalTradesHoldings Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, DigitalTradesHoldings Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of DigitalTradesHoldings Services. If you are obligated to indemnify DigitalTradesHoldings Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, DigitalTradesHoldings will have the right, in its sole discretion, to control any action or proceeding and to determine whether DigitalTradesHoldings wishes to settle, and if so, on what terms.

V. Announcements

Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on  https://DigitalTradesHoldings.io/announcement .USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. DigitalTradesHoldings WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.

VI. Termination of Agreement

1. Suspension of DigitalTradesHoldings Accounts

2. Cancellation of DigitalTradesHoldings Accounts

Should your DigitalTradesHoldings Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, DigitalTradesHoldings shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If DigitalTradesHoldings is informed that any Digital Assets or funds held in your DigitalTradesHoldings Account are stolen or otherwise are not lawfully possessed by you, DigitalTradesHoldings may, but has no obligation to, place an administrative hold on the affected funds and your DigitalTradesHoldings Account. If DigitalTradesHoldings does lay down an administrative hold on some or all of your funds or DigitalTradesHoldings Account, DigitalTradesHoldings may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to DigitalTradesHoldings has been provided to DigitalTradesHoldings in a form acceptable to DigitalTradesHoldings. DigitalTradesHoldings will not involve itself in any such dispute or the resolution of the dispute. You agree that DigitalTradesHoldings will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.

3. Remaining Funds After DigitalTradesHoldings Account Termination

Except as set forth in paragraph 4 below, once a DigitalTradesHoldings Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to DigitalTradesHoldings) will be payable immediately to DigitalTradesHoldings. Upon payment of all outstanding charges to DigitalTradesHoldings (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.

4. Remaining Funds After DigitalTradesHoldings Account Termination Due to Fraud, Violation of Law, or Violation of These Terms

DigitalTradesHoldings maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of DigitalTradesHoldings Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.

VII. No Financial Advice

DigitalTradesHoldings is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using DigitalTradesHoldings Services. No communication or information provided to you by DigitalTradesHoldings is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. DigitalTradesHoldings does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. DigitalTradesHoldings will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by DigitalTradesHoldings.

VIII. Compliance with Local Laws

It is Users’ responsibility to abide by local laws in relation to the legal usage of DigitalTradesHoldings Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.ALL USERS OF DigitalTradesHoldings SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT DigitalTradesHoldings WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS.DigitalTradesHoldings maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.

IX. Privacy Policy

Access to DigitalTradesHoldings Services will require the submission of certain personally identifiable information. Please review DigitalTradesHoldings’s Privacy Policy at  https://www.DigitalTradesHoldings.io/privacy for a summary of DigitalTradesHoldings’s guidelines regarding the collection and use of personally identifiable information.

X. Resolving Disputes: Forum, Arbitration, Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.

1. Notice of Claim and Dispute Resolution Period. Please contact DigitalTradesHoldings first! DigitalTradesHoldings wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with DigitalTradesHoldings, then you should contact DigitalTradesHoldings and a ticket number will be assigned. DigitalTradesHoldings will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against DigitalTradesHoldings, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to DigitalTradesHoldings. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your DigitalTradesHoldings account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with DigitalTradesHoldings. After you have provided the Notice of Claim to DigitalTradesHoldings, the dispute referenced in the Notice of Claim may be submitted by either DigitalTradesHoldings or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to DigitalTradesHoldings for resolution internally and the delivery of a Notice of Claim to DigitalTradesHoldings are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or DigitalTradesHoldings shall not be disclosed to the arbitrator.

2. Agreement to Arbitrate. You and DigitalTradesHoldings agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and DigitalTradesHoldings arising in connection with or relating in any way to these Terms or to your relationship with DigitalTradesHoldings as a user of DigitalTradesHoldings Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and DigitalTradesHoldings further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”), as modified by this Section X. The arbitration will be administered by the International Court of Arbitration of the ICC. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the ICC Rules. Any arbitration will be conducted in the English language, unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST DigitalTradesHoldings MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the ICC in accordance with the ICC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with DigitalTradesHoldings is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Switzerland. Place of Hearing: The location of any in-person arbitration hearing shall be Switzerland, unless otherwise agreed to by the parties. Governing Law / Jurisdiction: The governing law of the arbitration shall be determined in accordance with the ICC Rules. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the ICC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.

3. Class Action Waiver. You and DigitalTradesHoldings agree that any claims relating to these Terms or to your relationship with DigitalTradesHoldings as a user of DigitalTradesHoldings Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and DigitalTradesHoldings further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including DigitalTradesHoldings.

4. Modifications. DigitalTradesHoldings reserves the right to update, modify, revise, suspend, or make any future changes to Section X regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your DigitalTradesHoldings account shall be deemed to be your acceptance of any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section X, DigitalTradesHoldings may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.

5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.

XI. Miscellaneous

1. Independent Parties. DigitalTradesHoldings is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of DigitalTradesHoldings Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.

3. Interpretation and Revision. DigitalTradesHoldings reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on DigitalTradesHoldings websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of DigitalTradesHoldings Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, DigitalTradesHoldings will not be responsible for any modification or termination of DigitalTradesHoldings Services by you or any third party, or suspension or termination of your access to DigitalTradesHoldings Services.

4. Force Majeure. DigitalTradesHoldings will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond DigitalTradesHoldings’s reasonable control.

5. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

6. Assignment. You may not assign or transfer any right to use DigitalTradesHoldings Services or any of your rights or obligations under these Terms without prior written consent from DigitalTradesHoldings, including any right or obligation related to the enforcement of laws or the change of control. DigitalTradesHoldings may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.

8. Third-Party Website Disclaimer. Any links to third-party websites from DigitalTradesHoldings Services does not imply endorsement by DigitalTradesHoldings of any product, service, information or disclaimer presented therein, nor does DigitalTradesHoldings guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, DigitalTradesHoldings will not be liable for such loss. In addition, since DigitalTradesHoldings has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.

9. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through DigitalTradesHoldings Services, such activities and programs are provided by DigitalTradesHoldings and are not associated with Apple Inc. in any manner.

10. Contact Information. For more information on DigitalTradesHoldings, you may refer to the company and license information found on DigitalTradesHoldings websites. If you have questions regarding these Terms, please feel free to contact DigitalTradesHoldings for clarification via our Customer Support team at  https://DigitalTradesHoldings/register.