These Doex Terms of Use are executed by and between you (hereinafter, “You” or “Your”) and the Doex Operators (as defined below). By accessing, downloading or using any Doex Services (as defined below) provided by Doex (as defined below) or clicking “I Agree”, you confirm that you have read, understood and accepted all the terms and conditions specified in these Terms of Use (hereinafter, “Terms of Use”) and the Privacy Statement published by us at https://www.doex.com/.
In addition, when using some features of Doex Services, you may be subject to specific additional terms and conditions that are applicable to such features.
Please read these Terms of Use carefully because they regulate your use of Doex Services.
These Terms of Use contain several important articles, including arbitration provisions that require all claims to be settled by legally binding arbitration.
The arbitration clauses are set forth in Article X “Dispute Settlement: Place of Arbitration, Arbitration and Class Action Waiver” hereinafter.
Just like any asset, the value of a digital currency (as defined below) may fluctuate significantly, posing a huge risk of you possibly incurring economic losses when buying, selling, holding or investing in a digital currency and its derivatives.
By using Doex Services, you confirm and agree that: (1) you have understood the risks related to transactions of digital currencies and their derivatives; (2) you shall assume all risks related to the use of Doex Services as well as the transactions of digital currencies and their derivatives; (3) Doex shall not assume any responsibility for these risks or any consequences.By accessing, using or attempting to use Doex Services in any capacity, you confirm that you accept and agree to be bound by these Terms of Use.If you do not agree, please do not visit Doex or use Doex Services.
I Definitions
Doex: Refers to the ecosystem that is created to provide Doex services, such as Doex websites (including but not limited to the domain name https://www.doex.com/), mobile applications, clients and other applications. If the relevant terms of use for the above platforms are inconsistent with these Terms of Use, the applicable terms of those platforms shall prevail.
Doex Operators： Refers to entities that operate Doex.Doex, a crypto asset trading platform, is owned by Doex Global Ltd., but are not limited to, legal persons who provide and are responsible for Doex Services.
For referencing convenience, both “Doex” and “We” mentioned in these Terms of Use shall refer specifically to Doex Operators unless otherwise specified.
Under these Terms of Use, Doex Operators may change based on business adjustments by Doex, and the Doex Operators after the change will jointly execute these Terms of Use with you and provide services to you; the changes in Doex Operators will not affect your rights and interests hereunder.
In addition, the scope of Doex Operators may be expanded due to the provision of new Doex Services; if you continue using Doex Services, you will be deemed to agree that the new Doex Operators will jointly execute these Terms of Use with you.
In case of any dispute, you need to determine the subject of the contract and the counterparty to the dispute based on the specific service you use and the specific behavioral object that affects your rights and interests.
Doex Services:
Refers to various services provided to you by Doex based on blockchain technology in various forms such as Doex websites, mobile applications and clients (including new forms of service emerging from future developments in technology).
Doex Services include, but are not limited to, the trading platform for Digital Assets in the current Doex ecosystem and other services to be newly opened by Doex in the future.
Doex Platform Rules:
Refers to all rules, interpretations, announcements, statements, consents and other contents that have been published and subsequently published by Doex as well as various rules, detailed rules of implementation, product process descriptions, announcements, etc., that have been published in the help center or product/service processes.
User:
Refers to all individuals, institutions or organizations that visit, download or use Doex/Doex Services and meet the qualifications and conditions specified by Doex; other agreements, if any, with developers, dealers, market makers, digital currency exchanges and other entities shall prevail.
Digital Currencies:
Refers to crypto tokens, digital tokens or cryptocurrencies of a certain value that are generated based on blockchain technology and crypto technology, which are issued and managed in a decentralized manner.
Digital Assets:
Refer to Digital Currencies, their derivative products or other types of electronic assets of a certain value.
Doex Accounts:
Refers to the basic virtual accounts opened by Doex for Users to record Users’ use of Doex Services, transactions, asset changes and basic data on Doex, including main accounts and sub-accounts.
A Doex Account is the basis for the User to enjoy and exercise various rights in Doex.
Spots:
Refers to the spot transactions involving the exchange of one Digital Currency with another Digital Currency.
KYC:
Refers to the “know your customer” process implemented by Doex before establishing commercial relationships or conducting transactions with Users.
As part of this process, Doex may do whatever it deems necessary to identify Users, verify their identity, review and investigate user transactions, or comply with any applicable laws or regulations.
II. General Provisions
1. Scope of Validity
a. Scope of Subjects
These Terms of Use are jointly concluded by you and the Doex Operators, which shall be contractually binding on both you and the Doex Operators.
b. Supplementary Provisions
Due to the rapid development of digital currency ecosystems and the Doex ecosystem, it is impossible for these Terms of Use concluded by you and the Doex Operators to fully list and cover all rights and obligations of you and Doex, and this existing agreement cannot guarantee that all requirements resulting from future development will be fully met.
Therefore, all Privacy Statements, Doex Platform Rules and the agreements otherwise concluded by you and Doex are supplementary provisions to these Terms of Use, which are inseparable from these Terms of Use and have the same legal force as these Terms of Use.
If you use Doex Services, you will be deemed to agree to the above supplementary provisions.
c. Changes to these Terms of Use
Doex reserves the right to, at its own discretion, decide, modify or change these Terms of Use at any time.
Doex will provide notifications regarding the changes by updating the webpage to announce the revised Terms of Use and modifying the [latest revision date] displayed on that page.
Any and all amendments or changes to these Terms of Use will enter into force immediately after they are published on the website or sent to the User.
Therefore, if you continue using Doex Services, it means that you accept the modified agreement and rules.
If you do not agree to any modification of these Terms of Use, please stop using Doex Services immediately.
Doex hopes you review these Terms of Use frequently to ensure that you understand the terms and conditions applicable to your access and use of Doex Services.
d. Prohibited Scope of Use By accessing and using Doex Services, you declare and guarantee that you are not included in any trade or economic sanction lists (such as the sanctions lists issued by the United Nations Security Council (UNSC)), not designated as a “specially designated national” by the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC) and not included in the “Denied Persons List” issued by the U.S. Department of Commerce.
Doex reserves the right to choose markets and jurisdictions for conducting its business operations and may, at its sole discretion, restrict or refuse the provision of Doex Services in certain countries.
2. Nature of Doex
As an important component of the Doex ecological chain, Doex is mainly used as a global online trading platform for Digital Assets, providing the User with various trading platform services, technology services and other services in connection with Digital Assets.
According to the detailed provisions further set forth in Article 3 below, the User must register and open an account with Doex and deposit Digital Assets before starting to trade.
The User may apply for withdrawal of the Digital Assets, provided that he or she complies with the restrictions specified herein.Although Doex has always been committed to maintaining the accuracy of the information published on Doex Services, Doex cannot and does not guarantee the accuracy, applicability, reliability, integrity, enforceability or suitability of the contents provided via Doex Services, nor shall Doex assume any responsibility for any loss or damage that may be directly or indirectly caused by your use of such contents.
Information on Doex Services may change without notice, and the main purpose of providing such information is to help the User make independent decisions.
Doex does not provide any type of investment or consulting advice, nor shall Doex be responsible for the use or interpretation of information on Doex or other communication media.
All Users using Doex Services must understand that there are risks associated with Digital Asset
Doex hopes all Users act prudently and conduct transactions responsibly within their capabilities.
3. Doex Account Registration and Requirements
RegistrationBefore using the Doex Service, each and every User must apply for a Doex Account at https://www.doex.com/.
When registering a Doex Account, you must provide the information described in Paragraph 3 here or other information required by Doex and accept these Terms of Use, Privacy Statement and other Doex platform rules.
You agree to provide complete and accurate information when opening a Doex Account and agree to promptly update any information you provide to Doex, so as to maintain the integrity and accuracy of the information provided.
Each user (including any natural person, enterprise or legal entity) may only have one master account at any time.
However, one or more sub-accounts may be opened under one master account with consent from Doex.
According to these Terms of Use or supplementary provisions, we may require you to open another special account which is independent of your Doex Account when you use some Doex Services.
Unless otherwise specified in these Terms of Use or supplementary provisions, the rules of this article and Article 6 shall apply equivalently to the registration, use, protection and management of such trading accounts.
b. Qualification
By registering and using a Doex Account, you declare and guarantee that (a) if you are a natural person, have reached the age of 18 or the statutory age for executing binding futures under applicable laws; (b) you are a natural person, legal person or other organization with full legal capacity and authorization to execute these Terms of Use; (c) you have not previously been suspended or disqualified from using the Doex platform or Doex Services; (d) you do not currently have a Doex Account; (e) you are not residing in, located in a restricted area or otherwise accessing the Doex platform or Doex Services from a restricted area, or otherwise acting on behalf of a natural person or legal entity residing in or located in a restricted area.
(f) if you act as an employee or agent of a legal entity and sign in such capacity these Terms of Use on its behalf, you declare and guarantee that you have all rights and authorization necessary to bind such a legal entity as well as access and use the Doex platform and Doex Services on its behalf; (g) your use of the Doex platform and Doex Services will not violate all laws and regulations applicable to you or the legal entity you represent, including but not limited to relevant provisions on anti-money laundering, anti-corruption and anti-terrorism financing.
c. User Authentication
By registering a Doex Account, you agree to provide the personal information required for authentication.
Such information will be used for confirming user identity, discovering leads related to money laundering, terrorist financing, fraud and other financial criminal activities in Doex or other legitimate purposes stated by Doex.
We will collect, use and share such information in accordance with our Privacy Statement.
In addition to providing such information, you agree to allow us to keep records of such information while your Doex Account is open and for 5 years after the account is closed, in order to comply with global industry standards regarding data storage.
You also authorize us to conduct necessary investigations, directly or via a third party, to verify your identity or protect you and/or us from financial crimes such as fraud.
The information we require for authentication may include, but is not limited to, your name, email address, contact information, telephone number, user name, government-issued ID card, date of birth and other information collected upon account registration.
When providing the required information, you confirm that such information is true and accurate.
After registration, you must ensure that the information is true and complete, and you will update it in a timely manner if there is any change.
If there is any reason to suspect that any information you provide is wrong, untrue, outdated or incomplete, Doex shall be entitled to send you a notice to require correction of or directly delete the relevant information, and (as the case may be) terminate all or part of the Doex Services provided to you.
If you cannot be reached via the contact information provided, you shall be fully responsible for any loss or expense incurred by Doex during your use of Doex Services.
You hereby confirm and agree that you shall be obliged to update all information at any time in case of any change.
By registering an Account, you hereby authorize Doex to conduct, directly or via a third party, such investigations as Doex deems necessary to verify your identity or protect you, other users and/or Doex from fraud or other financial crimes and take such actions as Doex deems necessary based on the investigation results.
You also confirm and agree that your personal information may be disclosed to credit reference institutions and fraud prevention or financial crime prevention authorities which may provide a comprehensive response to our investigation.
d. Requirements for Account Use
A Doex Account may only be used by the account registrant.
Doex reserves the right to suspend, freeze or cancel the use of a Doex Account by persons other than the account registrant.
If you suspect or detect unauthorized use of your user name and password, you should notify Doex immediately.
In no case shall Doex be responsible for any loss or damage arising from use of your Doex Account by you or any third party (whether authorized by you or not).
e. Account Security
Doex is committed to maintaining the security of user-entrusted funds and has implemented protection for Doex Services according to industry standards.
However, the behavior of individual Users may create risks.
You agree to regard your access credentials (such as your user name and password) as confidential information and not to disclose such information to any third party.
You also agree to be solely responsible for taking security measures necessary to protect the security of your own Doex Account and personal information.
You shall be solely responsible for safeguarding your Doex Account and password and shall be responsible for all current transactions under your Doex Account. In no case shall Doex assume any responsibility for any loss or consequence caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, approval or submission of various rules and agreements via clicking on the website, online renewal agreements, etc.
By creating a Doex Account, you hereby agree that:
1. If you become aware that any one uses your Doex Account and password without authorization or otherwise violates security rules, you will notify Doex immediately;
2. You will strictly abide by all Doex mechanisms or procedures regarding security, authentication, trading, charging and exit;
3. At the end of each visit, you will take appropriate steps to log out of Doex.
III. Doex Services
After completing the registration and authentication procedures for the Doex Account, you may use various Doex Services in accordance with these Terms of Use (including Doex platform rules and other individual agreements), including but not limited to conducting spot and fiat transactions as well as futures transactions in Doex using Doex financial management services and position-based rebate services, acquiring market data and research information as well as other information published by Doex and participating in user activities organized by Doex.
Doex shall be entitled to:
1. Conduct, modify or terminate the provision of any Doex Services at its own discretion;
2. Allowing or denying some Users the use of any Doex Services according to Doex platform rules.
Doex shall be entitled to exclusively decide which Digital Assets will be listed on the platform and may add or delete any Digital Assets to or from the platform respectively at its own discretion from time to time.
Doex may also change the order size of each Digital Asset.
Doex may (but is not obliged to) notify the User in advance of such addition, deletion or modification, and Doex shall not assume any responsibility to the User for such addition, deletion or modification.
1. Guide on Service Use
a. LicensesProvided that you continue complying with the terms and conditions specified herein, Doex will grant you a license, on a revocable, limited, royalty-free, non-exclusive, non-transferable and non-sublicensable basis, to access and use Doex Services for your personal/internal purposes via your computer or Internet-compatible devices.
You may not use Doex Services for resale or commercial purposes, including trading on behalf of others or other entities.
All the above uses are expressly prohibited and constitute material violation of these Terms of Use.
The content arrangement, format, functions and access rights for Doex Services shall be solely determined by Doex. Doex
Doex hereby reserves all rights not expressly granted herein.
Therefore, you are hereby prohibited from using Doex Services in any manner not expressly authorized herein.
These Terms of Use grant only a limited license to access and use Doex Services.
Therefore, you hereby agree that when you use Doex Services, Doex will not transfer to you or any other person the titles or IPRs in Doex Services or any Doex intellectual property.
All texts, graphics, user interfaces, visual interfaces, photos, sounds, process drawings, computer codes (including HTML codes), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, “interface appearance” and arrangement of any contents included in the services or provided via Doex Services, shall be exclusively owned, controlled and/or licensed by Doex Operators or their members, parent companies, licensors or affiliates.Doex will own any feedback, suggestions, ideas or other information or materials (”feedback”) that you provide via email, Doex Services or other means regarding Doex or Doex Services.
You hereby transfer to Doex all rights, titles and interests on such feedback as well as all related IPRs.
You will not have the right to request and hereby waive any request for confirmation or compensation based on any feedback or any modification made based on any feedback.
b. Restrictions
When you use Doex Services, you agree and promise to comply with the following provisions:
During your use of Doex Services, all activities you conduct will meet the requirements of applicable laws and regulations, these Terms of Use and various Doex guidelines;
Your use of Doex Services will not violate public interests, public ethics or the legitimate interests of others, including taking any action that will interfere with, disrupt, negatively affect or prohibit other users from using Doex Services;
3. You agree not to use such services for market manipulation (such as pumping, offset trading, trading with yourself, front-running, quote stuffing, spoofing or layered orders, regardless of whether they are prohibited by law or not);
Unless there is written consent from Doex, the following commercial activities using Doex data are prohibited:
1) Trading services using Doex quotes or market bulletin information.
2) Data feed or data stream services utilizing any market data from Doex.
3) Any other website / application / service that charges for or otherwise makes commercial profits (including via advertising or referral fees) from market data acquired using Doex.
Without prior written consent from Doex, you shall not modify, replicate, photocopy, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright notice or label, license, sublicense, sell, mirror, design, rent out or lease any private label, or grant security interest in the property or any part thereof or create derivative works thereof or otherwise exploit any part thereof.
5. You shall not (i) use any “deep-links”, “page grabbing”, “robots”, “spiders” or other automatic equipment, programs, scripts, algorithms or methods or any similar or equivalent manual program to access, acquire, copy or monitor any part of the property, or copy or bypass the navigation structure or presentation of Doex Services in any manner with the aim to acquire, or attempt to acquire in any manner that Doex Services do not intend to provide, any materials, documents or information; (ii) attempt to access any part or function of the property without authorization by hacking, password “mining” or any other illegal or prohibited means, or connect to Doex Services or any Doex server or any other system or network of any Doex Services provided via these services; (iii) detect, scan or test vulnerabilities in Doex Services or any network connected to the property, in violation of security or authentication measures of Doex Services or any network connected to Doex Services; (iv) reverse lookup, track or seek to track any information of any other user or visitor of Doex Services; (v) take any action that imposes an unreasonable or disproportionately large load on Doex Services or the system or network of Doex or the infrastructure of any system or network connected to Doex Services; (vi) use any equipment, software or routine to interfere with the normal operation of Doex Services or any transaction conducted on Doex Services, or with the use of Doex Services by any other person; (vii) forge the header, impersonate others or otherwise manipulate identifiers to conceal your identity or the source of any message or transmission you send to Doex, or (viii) use Doex Services in an illegal manner.
By accessing Doex Services, you agree that Doex shall be entitled to investigate any violation of these Terms of Use, unilaterally determine whether you have violated these Terms of Use, and take actions in compliance with relevant laws and regulations without your consent or prior notice.
Such actions include, but are not limited to:
a. Blocking and closing order requests;
b. Freezing accounts;
c. Reporting the event to the authorities;
d. Publishing alleged violations and actions taken;
e. Deleting any information you publish that constitutes a rule violation.
2. Spots
After completing the registration and authentication procedures of the Doex Account, you may conduct spots in Doex in accordance with these Terms of Use and Doex platform rules.
a. Orders
After you issue the instruction to use Doex Services for conducting a spot (”order”), your account will be updated immediately to show the open order, and your order will be listed on the market bulletin of Doex to match the order of another user.
If your order matches another user’s order in whole or in part, Doex will exchange them (a “transaction”).
After the transaction is executed, your account will be updated to show that the order is closed because it has been fully executed, or updated to show that the order has been partially fulfilled.
The order will remain open until it is fully executed or cancelled in accordance with Paragraph b below.
In order to conclude the transaction, you authorize Doex to temporarily control the Digital Currency you dispose of in the transaction.
b. Cancellation
You may cancel an order initiated via Doex Services only before your order is matched with that of another user.
Once your order is matched with another user’s order, you shall not change, revoke or cancel your authorization for Doex to complete the order.
If any order has been partially matched, you may cancel the unmatched part of the order, but if the unmatched part has been matched, you cannot cancel it.
Doex reserves the right to reject any cancellation request related to the order after you submit the order.
If there is not enough Digital Currency in your account to fulfill the order, Doex may cancel the whole order or fulfill the part of the order that may be covered by the amount of Digital Currency in your account (in each case, after deducting any expenses related to the transaction which are payable to Doex, as set forth in Paragraph c below).
c. Expenses
You agree to pay Doex the prescribed expenses, and Doex may update the service charges at any time at its own discretion.
Any updated expense will apply to any sale or transaction occurring after the effective date of this updated expense.
You authorize Doex to deduct from your account any applicable expense you owe hereunder.
d. Spots in Other Forms
In addition to the spots directly ordered by Users as mentioned in Paragraph a above, Doex may, at its own discretion, provide platform services and technology services for spots in other forms according to the Doex platform rules separately formulated by Doex.
3. Futures Transactions
Unless otherwise specified by Doex, you, after completing the registration and authentication procedures of the Doex Account, you need to know and agree that:
a. You fully understand that futures transactions involve high risks, including but not limited to the risk of large fluctuations of Digital Assets in futures transactions and the risk of further amplification of adverse consequences when using leverage;
b. You have sufficient investment knowledge and experience, have the ability to assume the risks of futures transactions and agree to independently bear all risks arising from investment in futures transactions;
c. Before conducting a futures transaction, you have read and understood all the contents of these futures transaction terms and relevant Doex platform rules, consulted relevant professionals and will decide whether and how to complete the futures transaction based on their suggestions and your own reasonable judgment;
d. You agree and authorize Doex to take all reasonable measures (including but not limited to liquidation and automatic position reduction under specific circumstances) at its own discretion in accordance with the futures Terms of Service of the Doex and the relevant Doex platform rules to protect the legitimate rights and interests of you, Doex and other users.
4. Financial Management
a. Doex has launched financial management services to provide Doex Users with value-added services related to Digital Assets.
b. Doex financial management assets will be used to participate in on-chain stacking for acquiring income and other business.
c. By using a Doex financial management service, the User unconditionally authorizes Doex to distribute and pay the staking income reasonably according to platform rules.
d. When using Doex financial management services, the User shall abide by relevant national laws and ensure that the assets come from legal and compliant sources.
e. When using Doex financial management services, the User should fully be aware of the risks of Digital Asset investment, operate prudently and act within their own ability.
f. The User agrees that all investment operations conducted in Doex represent his/her true investment intention and that he/she unconditionally accepts the potential risks and income brought about by the investment decisions.
g. Doex reserves the right to suspend and terminate Doex financial management services; when necessary, the Doex platform may suspend and terminate Doex financial management services at any time.
h. Due to network delays, computer system failures and other possible force majeure factors, the execution of Doex financial management services may be slow, suspended, paused or deviated, and Doex will make every effort to maintain, but not promise, the stability and effectiveness of the operation of the execution system for Doex financial management services, however Doex will not assume any responsibility for differences between the final execution results of Doex financial management services and the customer’s expectation due to the above factors.
IV. Responsibilities
1. Disclaimer Notice
To the maximum extent permitted by applicable laws, Doex Services, Doex materials, and any products, services or other items provided by or on behalf of Doex are provided on an “as is” and “available” basis, and Doex expressly waives and you also waive all other guarantees of any kind, whether express or implied, including but not limited to guarantees for merchantability, fitness for particular purposes, titles or non-infringement, or guarantees arising from any execution process, transaction process or use in any transaction.
Without prejudice to the foregoing, Doex makes no representations or warranties as to the accuracy, integrity, reliability, effectiveness, or that there are no errors, viruses or harmful components of the website, Doex Services or Doex materials.
Doex does not guarantee that any order will be executed, accepted, recorded or remain open.
Excluding the express statements, agreements or rules specified herein, you hereby confirm and agree that you do not rely on any other written or oral statements or agreements in using and acquiring Doex Services.
Without prejudice to the foregoing, you hereby understand and agree that Doex shall not be responsible for any loss or damage caused by or in connection with: (A) inaccuracy, defect or omission of price data for Digital Assets; (B) any error or delay in such data transmission; (C) interruption of such data, (D) regular or irregular maintenance by Doex and the service interruptions and service changes arising therefrom; (E) any damage caused by the acts, omissions or violations of these Terms of Use by other users; (F) any damage caused by illegal acts of other third parties or acts not authorized by Doex; and (G) the Disclaimer Notice issued by Doex and other disclaimers mentioned in the Doex platform rules.
The implied Disclaimer Notice set forth herein may not apply if prohibited by the applicable laws of the jurisdiction where you reside.
2. Disclaimer of Damage and Limitation of Liabilities
To the maximum extent permitted by applicable laws, Doex, its affiliated organizations and their respective shareholders, members, directors, officers, employees, lawyers, agents, representatives, suppliers or contractors shall in no case be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities (including but not limited to loss of data, information, revenue, profits or other business/financial benefits) arising from Doex Services, any execution or non-execution of Doex Services, or other products, services or other items provided by or on behalf of Doex and its affiliated organizations, whether under contracts, regulations, strict liability or other theories, even if Doex has been informed of the possibility of damages, unless it is determined by final judicial determination that such damages are caused by Doex’s gross negligence, fraud, intentional misconduct or intentional illegal acts.
The above restrictions may not apply to you as the exclusion or limitation of incidental or consequential damages is not allowed in some jurisdictions.
Notwithstanding the foregoing, Doex, its affiliated organizations and their respective shareholders, members, directors, officers, employees, lawyers, agents, representatives, suppliers or contractors shall in no case be liable for liabilities arising from the services provided by or on behalf of Doex or its affiliates, any execution or non-execution of services, or any other products, services or other items, be it under contracts, regulations, strict liability or other theories that exceed the amount of expenses you pay to Doex in accordance with these Terms of Use within twelve months before the occurrence of the event giving rise to the liability claim.
3. Indemnification
You agree to indemnify the Doex Operators, their affiliated organizations, contractors, licensors and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, lawsuits, costs, expenses and damages (including attorney fees, fines, or penalties imposed by any regulatory authority) caused by or arising from (i) your use of or acts related to Doex Services; (ii) your violation of the Doex Terms of Service or our implementation of the Doex Terms of Service; or (iii) your violation of any applicable laws, regulations or the rights of any third party during your use of Doex Services.
If you are obliged to indemnify Doex Operators, their affiliated organizations, contractors, licensors and their respective directors, officers, employees or agents according to the Doex Terms of Service, Doex will be entitled to control any action or proceeding at its own discretion and determine whether Doex intends to compromise, and if so, on which terms.
V. Announcements
Please note that all official announcements, news, promotions, competitions and airdrops of Doex will be published at https://support.doex.com, and the User promises to check such materials regularly and promptly.
If the User suffers personal losses due to ignorance or negligence of the announcements, Doex will not assume any liability for compensation therefor.
VI. Termination of Agreement
1. Suspending the Account
You agree that Doex shall be entitled to immediately suspend your Doex Account (and any account beneficially owned by an affiliated entity or an affiliated party of yours) for any reason, freeze or lock the Digital Assets or funds in all such accounts and suspend your access to Doex. This includes suspecting that any such Doex Account violates these Terms of Use, our Privacy Statement or any applicable laws and regulations.
You agree that Doex is not responsible for any permanent or temporary modification of your Doex Account, or suspension or termination of access from your Doex Account to all or part of the services.
Doex shall be entitled to save and use the data or other information related to the transactions of the
The above account control may also apply under the following circumstances:
a. The Doex Account is subject to government proceedings, criminal investigations or other pending actions;
b. We detect any abnormal activity in the Doex Account;
c. We detect illegal access of the Doex Account;
d. It is necessary for us to take such measures per a court order or an order of a regulatory/governmental authority.
2. Canceling the Account
In case of any of the following events, Doex shall be entitled to directly terminate these Terms of Use by canceling your Doex Account and has the right but not the obligation to permanently freeze (cancel) the authorization you have granted to Doex in connection with the Account and cancel the corresponding Doex Account:
a. After Doex terminates providing services to you;
b. You are identified to have registered as a Doex user again directly or indirectly under the name of any other person;
c. The information you provide is untrue, inaccurate, outdated or incomplete;
d. When modifying the Doex Terms of Service, you indicate that you are not willing to accept the modified terms by applying to cancel the Doex Account or other means;
e. You request to terminate the service;
f. Any other circumstance in which Doex believes that the service should be terminated.
If your Doex Account is terminated, account and transaction information that meet the data retention criteria will be stored securely for 5 years.
In addition, if a transaction has not been completed during the account termination process, Doex shall be entitled to inform your counterparty of the circumstances regarding the situation.
You agree that the account withdrawal initiated by the User (the right to be forgotten under GDPR or other equivalent regulations) will also be subject to the above termination agreement.
If Doex is informed that any Digital Assets or funds in your Doex Account are stolen or not legally owned by you, Doex may, but is not obliged to, manage and control the affected funds and your Doex Account.
If it is truly necessary to manage and control part or all of the funds or the account, Doex may continue holding them till the dispute is resolved and evidence of dispute resolution acceptable to Doex has been provided to Doex in a form acceptable to Doex.
Doex will not participate in any such dispute or dispute resolution.
You agree that Doex will not be responsible for any such control or your inability to withdraw Digital Assets or funds or execute transactions during any period of control.
3. Funds Remaining after Account Termination
Except as provided in Paragraph 4 below, once the Doex Account is closed/canceled, all balances in the Doex Account (including expenses and debts owed to Doex) will be paid to Doex immediately.
After paying all outstanding expenses (if any) to Doex, the User may withdraw all Digital Assets or funds from the account within 5 working days.
4. Funds Remaining after the Account is Terminated due to Fraud, Violation of Laws or Violation of these Terms of Use
In the event that the Doex Account is suspended/closed due to investigation of fraud or investigation on violation of laws or violation of these Terms of Use, Doex retains full custody of all Digital Assets, funds and User data/information in the Doex Account, and such Digital Assets, funds and User data/information may be handed over to government authorities.
5. Dormant Accounts
Notwithstanding anything set forth in Article V, Doex may provide a written notice requiring you to close all open positions and withdraw all Digital Assets from the Doex Account within 30 days of such notice.
If you fail to do so, Doex may, in its absolute discretion and without prior notice to you, act as follows:(a) Regard your Doex Account as a dormant account;
(b) Close any open positions of any Doex products;
(c) Convert the Digital Assets to Digital Assets of a different type (e.g., from BTC to BUSD).
For the avoidance of doubt, no Doex Operators shall be liable to you for any loss of profits, tax obligations or any other losses, damages or expenses arising from such a conversion;
(d) Transfer such a dormant account (including any Digital Assets contained therein) to an affiliated organization of Doex Operators, any third-party custodian or a separate wallet as deemed reasonably necessary by Doex.
In case of such a transfer, you shall be entitled to retrieve your Digital Assets from it, including completing the KYC, provided that you meet the Doex verification requirements;
(e) Collect dormant account expenses from Doex Operators, their affiliates or any third party to pay the cost of maintaining the assets, which shall be directly withdrawn from the dormant account on a monthly basis; and
(f) Close the dormant account at any time. Doex shall not be liable to you for any loss, damage or expense arising from such closure of the dormant account, unless Doex commits fraud or intentional breach of contract.
Any asset in such a dormant account will be transferred in accordance with Paragraph 5 (d) above.
After the dormant account is closed, you will not be able to reactivate the account (i.e., if you want to continue using Doex Services, you need to register a new Doex Account).
VII. Non-Financial Advice
Doex is not your broker, intermediary, agent or consultant; in any transaction or other decision-making or activity taken by you using Doex Services, Doex shall not have any trust relationship with you or fulfill any trust obligation to you. Doex
Any communication or information provided by Doex to you shall not be used or deemed or interpreted as investment advice, financial advice, trading advice or any other type of advice.
Unless otherwise specified herein, all transactions are automatically executed based on the parameters described in your orders and the published transaction execution procedures; you shall determine whether any investment, investment strategy or relevant transaction is suitable for you based on your personal investment objectives, financial position and risk tolerance, and solely assume any loss or liability.
You should consult a legal or tax professional regarding your specific circumstances.
Doex does not recommend to you the purchase, acquisition, sale or holding of any Digital Assets.
Before making any decision to buy, sell or hold any Digital Assets, you should conduct due diligence and consult your financial advisor before making any investment decision.
Doex shall not be responsible for your decision to buy, sell or hold Digital Assets based on information provided by Doex.
VIII. Compliance with Local Laws
The User is liable for complying with local laws related to his/her local use of Doex Services and other laws and regulations applicable to the User.
The User must also consider all aspects of taxation according to local laws, including withholding, collection, reporting and remittance to his/her corresponding tax authorities.
All Users of Doex Services confirm and declare that their funds come from legal sources and not illegal activities; the Users agree that Doex may require the User to provide or otherwise collect necessary information and materials according to relevant laws or government orders to verify the legality of the sources and purposes of their funds.
Doex adopts a cooperative attitude with global law enforcement agencies and will not hesitate to seize, freeze or terminate User Accounts and funds that are legally authorized for cancellation or investigation.
IX. Privacy Statement
To access Doex Services, you need to submit some personal identity information.
Please read the Doex Privacy Statement published at https://www.doex.com/ for a summary of Doex guidelines on the collection and use of personal identity information.
X. Dispute Settlement: Place of Arbitration, Arbitration, and Class Action Waiver
Please read this Article carefully because it involves waivers of certain rights to file legal actions, including class actions.
1. Claim notice and period of dispute resolution.
Please contact Doex first!
Doex hopes to solve your problem without resorting to formal legal proceedings.
If you have any dispute with Doex, please contact Doex and we will give you a ticket number.
Doex will try to resolve your dispute internally as soon as possible.
The Parties agree to resolve disputes via negotiation in good faith (relevant discussions shall be kept confidential and subject to applicable rules in order to prevent settlement discussions from being used as evidence in any legal proceedings).
If the dispute cannot be satisfactorily resolved and you wish to make a legal claim against Doex, you agree to clarify the basis of such a claim in the “Claim Notice” in writing as a form of advance notice to Doex.
The claim notice must (1) describe the nature of and basis for the claim or dispute, (2) list the specific remedies to be sought, (3) provide the original ticket number, and (4) include your Doex Account email.
The claim notice should be submitted to the email address or hyperlink provided in your communication with Doex.
After you provide the claim notice to Doex, either Doex or you may submit the dispute mentioned in the claim notice to arbitration in accordance with Paragraph 2 of this Article below.
For the avoidance of doubt, the submission of a dispute to Doex for internal resolution and the delivery of a claim notice to Doex are prerequisites for the initiation of an arbitration proceeding (or any other legal proceeding).
During the arbitration, the amount of any settlement agreement proposed by you or Doex shall not be disclosed to the arbitrator.
2.Arbitration Agreement and Applicable Laws You and the Doex Operators agree that, according to Paragraph 1 above, any dispute, claim or controversy between you and the Doex Operators (and/or Doex Operators) arising from these Terms of Use or the relationship between you as a Doex Service User and Doex (and/or Doex Operators) in any manner, whether based on contract, infringement, regulation, fraud, misstatement or any other legal theory and whether the claim occurs within the validity period of or after the termination of these Terms of Use, will be decided by a mandatory, final and binding individual (rather than collective) arbitration, excluding the exceptions under the arbitration agreement.
You and the Doex Operators further agree that the arbitrator will have the sole power to make exclusionary verdicts on his/her own jurisdiction, including but not limited to any objection to the existence, scope or validity of the arbitration agreement, or the arbitrability of any claim or counterclaim.
Arbitration is more informal than court proceedings.
There is no judge or jury in arbitration and a court’s review of the arbitral award is limited.
There may be more limited findings in arbitration than in court.
The arbitrator shall comply with this Agreement and may award the same damages and remedies (including attorney fees, if applicable) that courts do, however the arbitrator shall not award declaratory or injunctive relief in favor of any person other than the Parties to the arbitration.
The arbitration agreement specified in this paragraph shall survive the termination of these Terms of Use.
Arbitration Rules.
When an arbitration notice is submitted, or when it is modified in accordance with Article X in these Terms, the arbitration shall be made following the applicable arbitration rules of HKIAC prevailing at that time (HKIAC Rules).
The arbitration will be administered by the Hong Kong International Arbitration Center (HKIAC).
Unless otherwise agreed by the Parties, only one arbitrator may be appointed in accordance with the HKIAC Rules.
Any arbitration shall be conducted in English.
No matter how the arbitration is conducted, the arbitrator shall issue a reasonable written decision sufficient to explain the basic findings and conclusions on which the decision and award (if any) are based.
The judgment on any arbitration award may be made by any court having jurisdiction over the parties to the award (or the property of the Parties).
Submission period: any arbitration against Doex Operators must be commenced by submitting an arbitration request within one (1) year from the date on which the Party making the claim first know or reasonably ought to have known the act, omission or breach leading to the claim; no remedy shall be sought for any claim not made within such a period.
This limitation period of one year covers the internal dispute settlement procedures provided in Paragraph 1 of this Article above.
No remedy shall be sought for any claim not made within such a period.
If this claim limitation period of one year is prohibited by applicable laws, any claim must be submitted within the shortest period permitted by the applicable law.
Procedures; Notices: After the expiry of the dispute resolution period specified in Paragraph 1 above, either Party who hopes to apply for arbitration must submit a request to HKIAC in accordance with the HKIAC Rules.
If we request to apply for arbitration against you, we will notify you via the email address or mailing address provided by you.
You agree that any notice sent to such an email address or mailing address shall be deemed to be valid for all purposes, including but not limited to determining the adequacy of service.
You shall be obliged to ensure that the email address and/or mailing address filed with Doex is up-to-date and accurate.
Place of arbitration: the place of arbitration shall be Hong Kong.
Place of hearing: unless otherwise agreed by the Parties, the place of any arbitration hearing in person shall be Hong Kong.
Governing law: these Terms of Use (including such arbitration agreement) shall be governed by and construed in accordance with the laws of Hong Kong.
Confidentiality: the Parties agree to keep the arbitration confidential.
The existence of the arbitration, any non-public information provided in the arbitration, and any documents, orders or awards submitted in the arbitration (collectively, “confidential information”) shall not be disclosed to any person who is not a Party to the arbitration except the arbitration tribunal, HKIAC, the Parties to the arbitration, their attorneys, experts, witnesses, accountants and auditors, insurance companies and reinsurance companies, and any other persons required for the arbitration.
Notwithstanding the foregoing, either Party may disclose confidential information for the purpose of fulfilling legal obligations, protecting or pursuing legal rights or enforcing or challenging an award in a bona fide legal proceeding.
This confidentiality clause shall survive the termination of these Terms of Use and that of any arbitration initiated hereunder.
3. Class Action Waiver You and Doex agree that any claim, whether based on contract, tort, statute, fraud or any other legal theory, and whether the claim occurs within the validity period of or after the termination of these Terms of Use, concerning these Terms of Use or the relationship between the Doex Service User and Doex shall be submitted to arbitration against the other party in the name of an individual, instead of a plaintiff or member of a proposed class action or representative action.
You and Doex further agree to waive, to the extent permitted by applicable law, any right to initiate, trial or arbitrate such a claim in the form of collective, joint or representative actions or private attorney general actions.
No single arbitration may be integrated or merged into one arbitration without consent from the Parties including Doex.
4. Modification Doex reserves the rights to update, modify, amend and suspend the arbitration agreement between the Parties or make any future changes to Article X hereof, subject to applicable laws.
You hereby agree and acknowledge that you are liable for ensuring that your understanding of this Section is up-to-date.
According to applicable laws, by continuing to use your Doex Account, you will be deemed to accept any amendment set forth in Article X regarding arbitration agreement between the Parties.
You agree that if you object to any amendment set forth in Article X, Doex may block your account access before your account is closed.
In such a case, these Terms of Use before modification will remain in full force and effect before your account is closed.
5. Severability If any part of these Terms of Use is determined to be invalid or unenforceable for any reason or to any extent, the remaining terms hereof will continue to be valid and enforceable, and the invalid or unenforceable part will enter into force and effect to the maximum extent permitted by law.
XI. Miscellaneous
1.Independent Parties When performing these Terms of Use, Doex is an independent contractor instead of your agent.
These Terms of Use shall not be interpreted as facts or evidence of alliance, joint venture, partnership or franchise between the Parties.
2. Entire Agreement These Terms of Use shall constitute the entire agreement between the Parties regarding the use of Doex Services and will supersede all previous written or oral agreements between the Parties.
The Parties shall not use transactions or other normal practices or transaction methods to modify, interpret, supplement or change the terms hereof.
3. Interpretation and Amendment Doex reserves the rights to modify, amend, modify and/or change these Terms of Use at any time.
All changes will enter into force and take effect immediately after they are published on the website.
You are liable for regularly checking the relevant pages on our website/application to confirm the current version of these Terms of Use.
If you do not agree to any such modification, the sole remedy you are entitled to is to terminate your use of Doex Services and cancel your account.
You agree that unless otherwise expressly provided herein, Doex shall not be liable for any modification or termination of Doex Services by you or any third party, or suspension or termination of your access to the services.
4. Language and Translation Doex may, at its sole discretion, translate these Terms of Use into a language other than English.
You agree that any such translation is used for your convenience only. In case of any ambiguity, difference or omission between the English text and any translated text, the (traditional Chinese) text shall prevail.
5. Force Majeure Doex shall not be liable for any delayed execution or failure to execute in accordance with these Terms of Use due to any reason or condition beyond the reasonable control of Doex.
6. Severability If any part hereof is deemed to be invalid or unenforceable, such invalidity or unenforceability will not affect the other terms hereof which will remain in full force and effect, and the invalid or unenforceable part will be valid to the maximum extent possible.
7. Transfer Without prior written consent from Doex, you may not transfer or assign any right to use Doex services or any of your rights or obligations hereunder, including the rights or obligations related to the enforcement of laws or change of control.
Doex may transfer or assign any or all of its rights or obligations hereunder in whole or in part without notice or your consent or approval.
8. Waiver The failure of either Party to require the execution of any provision shall not affect the right of that Party to require the execution thereof at any time thereafter; meanwhile, either Party’s waiver for the other Party’s breach of these Terms of Use or any provision hereof or violation shall not constitute such Party’s waiver for any subsequent breach or violation by the other Party or the terms.
9. Disclaimer for Third-Party Websites Any link contained in Doex Services to a third-party website does not mean that Doex recognizes any products, services, information and disclaimer provided therein, and Doex does not guarantee the accuracy of the information contained therein.
Doex shall not be liable for any loss caused by your use of such third-party products and services.
In addition, as Doex is unable to control the terms of use or privacy policies of third-party websites, you should carefully read and understand such policies.
10. Contact Information You may refer to the company and license information on the Doex website for more information about Doex.
Should you have any question about these Terms of Use, please feel free to contact Doex for clarification via our customer support team at www.doex.com.
Risk warning:
Digital assets are innovative investment products with large price fluctuations. Please judge your investment ability rationally and make investment decisions prudently.
Doex Team
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