1. General Provisions

1.1.

These User Agreement constitute an agreement between you (the "User") and BitYard Trade Fintech LTD ("BitYard Trade"), a company registered with United States, with respect to the User's access to and use of the Application and/or the Site and use of any and all Services. These Terms of Use contain important terms that should be carefully considered by users when choosing whether to access the Site, launch the Application or use any of the Services. Please read these Terms of Use, including the policies contained therein, carefully before agreeing to them Users are solely responsible for understanding and complying with any or all laws, rules and regulations ("Laws") of any jurisdiction in which they reside, domicile, register, incorporate, access and use the Platform, and/or which apply in connection with the use of any or all of the services of the Platform. These Terms of Use contain the Privacy Policy, the AML/KYC Policy and any other policies posted on the Application or the Website or otherwise made available to you ("Other Policies"), and by accepting these Terms of Use, you agree to and accept the Privacy Policy, the AML/KYC Policy and all other policies. Users should read these Terms of Use in their entirety before accessing the Platform or using any of the Services. By accessing the Platform and/or using any of the Services, the User agrees to accept and abide by any such Terms of Use. If the user does not agree or no longer agrees to accept and abide by any such terms of use, the user shall immediately exit the Platform and shall not use or immediately cease to use the Services.

1.2.

BitYard Trade reserves the right to amend or modify these Terms of Use at any time by publishing the revised version on the Platform. The changes will become effective and shall be deemed accepted by you the first time you access the Platform or use the Services after the publication of the revised Terms of Use. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your Account.

1.3.

You acknowledge that BitYard Trade may provide the Services directly or through its affiliates, partners, or third-party service providers, and all obligations and rights under these Terms of Use apply accordingly.

2. Definitions

2.1.

Account: The user’s personal account registered on the Platform to access and use the Services.

2.2.

Cryptocurrency: A digital or virtual currency that uses cryptography for security and operates on a decentralized platform, such as Bitcoin (BTC), Ethereum (ETH), or Tether (USDT).

2.3.

Cryptocurrency Contract: A financial instrument offered on the Platform that derives its value from an underlying Cryptocurrency.

2.4.

Deposit: Funds, including Cryptocurrencies, transferred by the user to their Account for trading or other activities on the Platform.

2.5.

Order: An instruction placed by the user on the Platform to buy or sell Cryptocurrency Contracts.

2.6.

Transaction: Any activity involving the purchase, sale, deposit, withdrawal, or transfer of Cryptocurrencies or Cryptocurrency Contracts on the Platform.

2.7.

Hedging Practices: Risk management strategies employed by BitYard Trade to mitigate financial exposure, including but not limited to offsetting positions in the market.

2.8.

USDT: Tether, a stablecoin pegged to the value of the U.S. dollar.

3. Eligibility

3.1.

To use the Platform and the Services, you must:

• Be at least 18 years old or of legal age to form a binding contract in your jurisdiction;
• Have the legal capacity to enter into these Terms of Use;
• Not be a resident or citizen of a country where access to or use of the Platform or Cryptocurrencies is prohibited by law (e.g., China, Pakistan, Bangladesh, Kazakhstan, United Kingdom, Iran);
• Not be subject to any sanctions imposed by any government or international organization.

3.2.

By accessing or using the Platform, you represent and warrant that you meet all eligibility requirements. BitYard Trade reserves the right to restrict or terminate your access to the Platform if you do not meet these requirements.

4. Risk Disclosure

4.1.

Trading Cryptocurrency Contracts involves significant risks, including but not limited to:

• High volatility of Cryptocurrency prices;
• Potential loss of the entire invested amount;
• Technical failures, cyber-attacks, or other disruptions that may affect the Platform;
• Regulatory changes that may impact the legality or operation of Cryptocurrencies or the Platform.

4.2.

You acknowledge and agree that you access and use the Platform and the Services at your own risk. BitYard Trade does not guarantee profits or the absence of losses. You are solely responsible for any decisions made and losses incurred while using the Platform.

5. Registration and Account

5.1.

To access certain features of the Platform, you must register an Account by providing accurate and complete information, including but not limited to your email address, password, and any other details required during the registration process.

5.2.

You are responsible for maintaining the confidentiality of your Account credentials and for all activities conducted through your Account. You agree to notify BitYard Trade immediately of any unauthorized use of your Account.

5.3.

BitYard Trade reserves the right to refuse registration or terminate any Account at its sole discretion, including but not limited to cases of suspected fraudulent activity, violation of these Terms of Use, or non-compliance with applicable laws.

6. Services

6.1.

BitYard Trade provides a Platform for trading Cryptocurrency Contracts, including but not limited to spot trading, margin trading, and leveraged tokens.

6.2.

The Platform may allow you to:

• Deposit and withdraw Cryptocurrencies;
• Place Orders to buy or sell Cryptocurrency Contracts;
• Access market data, charts, and other tools to facilitate trading.

6.3.

BitYard Trade reserves the right to modify, suspend, or discontinue any part of the Services at any time without prior notice.

7. Intellectual Property

7.1.

All content on the Platform, including but not limited to text, graphics, logos, software, and data, is the property of BitYard Trade or its licensors and is protected by intellectual property laws.

7.2.

The trademarks, trade names, service marks, and logos of BitYard Trade and others used on the Platform (hereinafter the “Trademarks”) are the properties of BitYard Trade and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, and video and audio materials used on the Platform are the properties of BitYard Trade. The Trademarks and other content on the Platform should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, no matter manual or automated. The use of any content from the Platform on any other site or a networked computer environment for any purpose other than participation in and consummation of the Transaction is strictly prohibited; and any such unauthorized use may violate BitYard Trade copyright, patent, trademark, and any other applicable laws and could result in criminal or civil penalties. The user shall not copy, modify, reverse engineer, or attempt to extract the source code of any software used by BitYard Trade in setting up the Platform and/or providing the Services.

7.3.

BitYard Trade supports open source software. Certain software used in the Platform or the Services may be offered under an open source license that BitYard Trade will make available to the users. There may be provisions in the open source license that expressly override some of these Terms of Use.

7.4.

BitYard Trade supports the protection of intellectual property. If you would like to submit (i) a trademark claim for any violation of a mark on which you hold a valid, registered trademark or service mark, (ii) a copyright claim for any material on which you hold a bona fide copyright, or (iii) any other intellectual property claims, such as patent infringements, please send us an email.

8. User Verification

8.1.

Identification and verification procedures ("Know Your Customer" or "KYC") are required for all the Transactions. All existing and new users of the Platform must pass the verification procedure. BitYard Trade reserves the right to limit the functionality of the Platform to the users who have not passed the verification procedure. If the user refuses to provide required documents and information for KYC, BitYard Trade reserves the right to immediately terminate the provision of Services to such user.

8.2.

The user undertakes to provide BitYard Trade with correct and relevant documents and personal information contained therein. In case the user provides counterfeit documents and false personal information, BitYard Trade may suspend, cancel, or terminate the user’s Account and freeze the funds contained therein as it thinks fit.

8.3.

The user hereby authorizes BitYard Trade to, directly or indirectly (through third parties), make any inquiries as BitYard Trade considers necessary to check the relevance and accuracy of the information provided for the verification purpose. Personal data transferred will be limited to the necessary data with security measures in use to protect such data.

8.4.

The user hereby agrees to comply with the Anti-Money Laundering and Know Your Customer Policy in force published by BitYard Trade from time to time.

9. Account Maintenance

9.1.

The Platform is for the user's personal and non-commercial use only. BitYard Trade is vigilant in maintaining the security of the Platform and the Services. By accessing the Platform or using the Services, the user agrees to provide BitYard Trade with current, accurate, and complete personal information as prompted in the course of the registration process and to keep such information updated.

9.2.

The user is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.

9.3.

The user agrees that the user will not use any Account other than the user’s own or access the Account of any other user at any time or assist others in obtaining unauthorized access or conducting activities related to any Transaction.

9.4.

BitYard Trade reserves the right to set up amount limits for the Account deposit/withdrawal/balance. BitYard Trade may also set up daily, monthly, and per one-transaction amount limits.

9.5.

The user is responsible for maintaining the confidentiality of information on the user’s Account, including, but not limited to, the user’s password, email, wallet address, wallet balance, and of all activities including Transactions made via their Account. If there is any suspicious activity related to the user’s Account, BitYard Trade may request additional information from the user, including authenticating documents, and may suspend the Account and/or freeze the funds therein during the review. The user hereby agrees to comply with these security requests or accept the suspension and the freeze.

9.6.

Any creation or use of the Account without obtaining prior express permission from BitYard Trade will result in immediate suspension of all such Accounts and the user’s Accounts, as well as all pending buy/sell orders issued from those Accounts. Any attempt to do so or to assist others (users or other third parties) in doing so, or any distribution of instructions, software, or tools for such purpose will result in termination of those unauthorized Accounts and the user’s Accounts. Termination is not an exclusive remedy for such a violation, and BitYard Trade may decide to take further action against the user.

10. Transactions

10.1.

The Platform allows the user to submit the Orders to buy or sell Cryptocurrency Contracts.

10.2.

The user recognizes that the Order should only be submitted after careful consideration, and the user understands and accepts the consequences of its execution. The user agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Once any Order is executed, such Order will be hedged without delay through Hedging Practices without any prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.

10.3.

The user acknowledges and agrees that in case the destination tag is not specified or incorrectly indicated (in particular, XRP and XLM) or the reference number is incorrectly specified (for USDT transactions), the user may lose the Deposit, or the processing speed of such requests will be made with a lower priority.

10.4.

BitYard Trade reserves the right to change the minimum and maximum order amounts, which will appear on the trade page when placing an Order.

10.5.

The user acknowledges and agrees that the Deposit and Withdrawal Transaction in USDT may be delayed due to certain OTC verifications and the inherent nature of the Cryptocurrency networks.

10.6.

If the user discovers suspicious transactions or activity, including but not limited to unknown deposits and withdrawals, on the user’s Account that was not initiated by the user, the user shall immediately notify BitYard Trade of this fact and follow the instructions sent by BitYard Trade. Otherwise, BitYard Trade reserves the right to suspend the Account and freeze the funds therein until the end of the investigation.

10.7.

BitYard Trade may cancel or recall any executed Withdrawal Transaction based on reasonable requests of financial institutions, including but not limited to OTC institutions. In such cases, the user obliges to cooperate with BitYard Trade in order to find the reasons for such request.

10.8.

The minimum deposit amount is $500. If the amount is less than specified, the funds will not be credited to the user’s Account.

11. Margin Trading

11.1.

Margin Trading is available for long and short positions, subject to specific fees, limits, and conditions imposed by BitYard Trade.

11.2.

BitYard Trade may charge fees for opening and/or closing of a position, and an Over-night Fee.

11.3.

The user acknowledges and agrees that in order to avoid the balance of the Account going negative, BitYard Trade has the right to close any open position, with or without any notification to the user when the price of any Base Cryptocurrency meets the ‘stop loss price’ value, as specified by the user while opening a position.

11.4.

The user acknowledges and agrees that in order to lock in their profits, BitYard Trade has the right to close any open position, with or without any notification to the user when the price of any Base Cryptocurrency meets the ‘take profit price’, as specified by the user while opening a position (the “Take Profit Price”). The user further acknowledges and agrees that the highest Take Profit Price (the “Highest Take Profit Price”) any user may set when opening any position at the Platform is subject to the limits on the Highest Take Profit Price as imposed by BitYard Trade from time to time.

11.5.

BitYard Trade reserves the right to close any open position without any notice to the user if the user has no sufficient funds to pay relevant fees.

11.6.

The user acknowledges and agrees that when any position is about to close, the Platform will only display an approximate closing price, which may not be the exact final closing price for reasons including, without limitation, instant changes in the Cryptocurrency Contract market, and a gap in the candlestick chart of the Cryptocurrency.

12. Funding Fee

12.1.

The platform has adjusted the rules for charging the funding fee. The contract orders will be charged or receive the funding fee at 08:00, 16:00, and 00:00 (UTC+8).

12.2.

The funding fee will be deducted directly from the user's account balance.

13. Transaction Fee

13.1.

The user agrees to pay BitYard Trade the Transaction Fee for each completed Transaction.

13.2.

Prior to trading, the user must consider the Transaction Fee rates published on the Site, the App, and these Terms of Use. However, BitYard Trade reserves the right to change the Transaction Fee rates from time to time by publishing updates on the Site, the App, and these Terms of Use.

13.3.

The amount of Transaction Fee is automatically charged off in the form of USDT from the Deposit when such user opens a position. The user is responsible for keeping the user’s account adequately funded for both Margin Trading and Transaction Fee when opening a position. The Order of Cryptocurrency Contracts would not be executed unless such user has adequate funds for Margin Trading and Transaction Fee.

13.4.

BitYard Trade has the sole discretion in setting up the options for the leverage multiple and the charge ratio and changing them from time to time.

13.5.

The transaction fee, other charges, and the charging procedure can be changed or reviewed unilaterally by BitYard Trade at its sole discretion from time to time, and such changes shall become effective once they are posted on the Site or the App.

14. Rounding Policy

14.1.

For all financial calculations, BitYard Trade may use the rounding policy in favor of the Platform. BitYard Trade rounds the USDT to the second digit after the separator. The rounding policy for other Cryptocurrencies varies depending on the respective Cryptocurrencies.

14.2.

For the purpose of process optimization, Transactions on the Platform with regard to some items (including, but not limited to, USDT and other Cryptocurrencies) will not be reflected at the user’s Account and will appear as soon as a unit is in whole in accordance with the rounding standards.

15. Illegal Transactions

15.1.

BitYard Trade reserves the right to suspend or terminate the user's Account and/or freeze the funds therein at any time if BitYard Trade believes to be required to do so by Laws or in order to comply with recommendations from a relevant government authority or recognized body for the prevention of financial crimes.

15.2.

It is strictly forbidden to use the Account for any illegal purposes. BitYard Trade is entitled to report any suspicious activity to the relevant administration, supervision, or law enforcement units.

15.3.

The user shall not use the Account or the Services for any transaction in connection with:

1. money laundering, terrorist financing, proliferation of weapons of mass destruction;
2. human trafficking;
3. any goods or services that are illegal or the promotion, offer, or marketing of which is illegal or that are offered in connection with illegal, obscene, or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
4. any goods or services, promotion, offer, or marketing of which would violate copyrights, industrial property rights, or other rights of any person;
5. archaeological findings;
6. drugs, narcotics, or hallucinogens;
7. weapons of any kind;
8. illegal gambling services;
9. ponzi, pyramid, or any other “get rich quick” schemes;
10. goods that are subject to any trade embargo;
11. media that is harmful to minors and violates Laws and, in particular, the provision in respect of the protection of minors;
12. body parts or human remains;
13. protected animals or protected plants;
14. weapons or explosive materials;
15. any other illegal goods, services, or transactions.

16. Account Security

16.1.

The user is responsible for maintaining the confidentiality of the user's Account's credentials, including, but not limited to, a password, email, wallet address, balance, and of all activity including Transactions made through the Account.

16.2.

BitYard Trade personnel will never ask any user to disclose such user’s password. Any message the user receives or website that the user visits and asks for the user’s password, other than the Site and the App, should be reported to BitYard Trade.

16.3.

It is advisable to change the user’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. BitYard Trade also advises the user not to choose a password that could be easily guessed from information someone might know or gather about the user or a password that has a meaning. The user shall never allow anyone to access the user’s Account or watch the user accessing the user’s Account.

16.4.

If the user has any security concerns about the user’s Account, login details, password, or other security feature being lost, stolen, misappropriated, used without authorization, or otherwise compromised, the user is advised to change the password. The user must contact BitYard Trade support service without undue delay on becoming aware of any loss, theft, misappropriation, or unauthorized use of the Account, login details, password, or other security features. Any undue delay in notifying BitYard Trade may not only affect the security of the Account but may result in the user being liable for any losses as a result. If the user suspects that someone else accessed the user’s Account, the user should also contact an appropriate government agency and report the incident.

16.5.

The user must take due care to ensure that the user’s e-mail account(s) and cellphones are secured and only accessed by the user, as the user’s e-mail address and cellphones may be used to reset passwords or to communicate with the user about the security of the Account.

16.6.

Two-factor authentication must be enabled in order to make any Withdrawal Transaction.

17. Termination of the Terms of Use

17.1.

The user may terminate the Terms of Use and close their Account at any time, following settlement of any pending Transactions and any other payable to BitYard Trade or any dispute with BitYard Trade.

17.2.

BitYard Trade may, by giving notice, at its sole discretion terminate the user’s access to the Platform and to the user’s Account, including without limitation, BitYard Trade’s right to: limit, suspend, or terminate the Services and the users’ Accounts, prohibit access to the Services, delay or remove hosted content, and take technical and legal steps to keep the users off the Platform, with or without cause. In particular, BitYard Trade may, in appropriate circumstances and at BitYard Trade’s discretion, suspend or terminate Accounts of users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another user’s Account or providing assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Services to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, (7) upon the request of law enforcement or other government agencies, or (8) conducting any trading activity for and on behalf of or entrusted by any third party through the user’s Account by accepting such third party’s funds or commissions through offline channels or otherwise, if deemed to be legitimate and compelling by BitYard Trade, acting at its sole discretion.

17.3.

BitYard Trade also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue the Platform or Services. The user agrees that BitYard Trade will not be liable to such user or to any third party for such termination of their Account or access to the Platform.

17.4.

The suspension or termination of the Account shall not affect the payment obligation with respect to the Commissions due for past Transactions. Upon the termination, the user shall provide a Cryptocurrency address to accept the transfer of the funds in the Account. BitYard Trade shall transfer the funds upon the user’s request and provision of the Cryptocurrency address to which the funds shall be transferred to in a time frame specified by BitYard Trade.

18. Services Availability

18.1.

Other than expressly set out in these Terms of Use, neither BitYard Trade nor its suppliers, service providers, contractors, or distributors make any specific promises about the Services, including without limitation any commitment about the content within the Services, the specific functions of the Services, their reliability, availability, or ability to meet your specific needs. BitYard Trade provides the Services "as is". To the extent permitted by law, BitYard Trade excludes all implied warranties (merchantability, fitness for a particular purpose, non-infringement, etc.) in connection with the Platform or the Services.

18.2.

BitYard Trade will use commercially reasonable efforts to keep the Platform up and running; however, all online services suffer from occasional disruptions and outages, and BitYard Trade is not liable for any disruption or loss the user may suffer as a result of such disruptions and outages. Thus, BitYard Trade does not provide any guarantees that access to the Platform will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.

18.3.

BitYard Trade will use commercially reasonable endeavors to ensure that the user can normally access the Platform in accordance with these Terms of Use. BitYard Trade may suspend any part of the Platform for maintenance and will make commercially reasonable efforts to give the user a notice. The user acknowledges that giving a notice may not be practical on certain occasions, such as emergencies.

19. Mobile Applications

BitYard Trade shall provide the App, which can be used to access the Account. The use of the App is also subject to these Terms of Use.

20. Financial or Legal Advice

BitYard Trade does not provide any financial, investment, or legal advice in connection with the Services provided by BitYard Trade. BitYard Trade may provide information on the price, range, volatility of Cryptocurrencies, and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrency Contracts is the user's decision, and BitYard Trade will not be liable for any loss suffered. The user may seek financial, investment, or legal advice from the user's advisors or rely on information or data provided by others to participate in and/or consummate the Transactions.

21. Taxation

21.1.

The user undertakes to pay all of the user's taxes and duties, which may result from the use of the Services, participation in, and/or consummation of the Transactions, and such taxes and duties shall be paid pursuant to the applicable law.

21.2.

BitYard Trade shall not be liable for any violation by the user arising out of the user’s obligations to calculate and pay taxes and duties.

22. Notices and Communication

22.1.

BitYard Trade reserves the right to send notices to and communicate with the user by any means of communication available to BitYard Trade, including without limitation the contact means provided by the user.

22.2.

The user expressly agrees to receive any notices in electronic form and to be bound by them, if so required by these Terms of Use.

23. Applicable Law and Dispute Resolution

23.1.

These Terms of Use shall be governed by and construed in accordance with the laws of the United States, unless otherwise expressly provided.

23.2.

Any dispute, controversy, or claim arising out of, or in relation to, these Terms of Use, including the validity, invalidity, breach, or termination thereof, based on contract, tort, or any other theory, based on law or equity, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution (the “Arbitration Rules”) in force on the date on which the Notice of Arbitration is submitted in accordance with the Arbitration Rules.

23.3.

If any portion of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

24. Limitation of Liability

In no event shall BitYard Trade and its officers, directors, employees, and third-party service providers be liable to the user or any other person or entity for any indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) accuracy, completeness, or content of the platform or the services, (ii) accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising, or otherwise) to the platform, (iii) the services found at the platform or any sites linked (through hyperlinks, banner advertising, or otherwise) to the site, (iv) property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of the servers and/or any and all content, personal information, financial information, or other information and data stored therein, (vii) any interruption or cessation of services to or from the platform or any sites linked (through hyperlinks, banner advertising, or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from the platform or any sites linked (through hyperlinks, banner advertising, or otherwise) to the site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, "x-rated", obscene, or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of the user's use of the platform or the services found at the platform, whether based on warranty, contract, tort, or any other legal or equitable theory and whether or not BitYard Trade is advised of the possibility of such damages. In addition, the user specifically acknowledges and agrees that any cause of action arising out of or related to the platform or the services found at the site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. In addition, the user specifically acknowledges and agrees that in no event shall BitYard Trade’s total aggregate liability exceed the total amount paid by the user for the services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these Terms of Use or the user's use of the site or the services found at the site.

25. Indemnity

The user agrees to protect, defend, indemnify, and hold harmless BitYard Trade and its officers, directors, employees, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by BitYard Trade directly or indirectly arising from (i) the user's use of and access to the Platform or the Services; (ii) the user's violation of any provision of these Terms of Use or the policies or agreements herein; and/or (iii) the user's violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or the user's use of the Platform or the Services.

26. Modifications and Amendments

BitYard Trade reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of these Terms of Use on the Platform. The changes will become effective and shall be deemed accepted by the user, the first time the user accesses the Platform or uses the Services after publishing the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the user does not agree with any such modification, the user's sole and exclusive remedy is to terminate the use of the Services and close the Account. The user agrees that BitYard Trade shall not be liable to the user or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.

27. Force Majeure

If BitYard Trade is unable to perform the Services outlined in these Terms of Use due to factors beyond its control, including but not limited to the event of force majeure, change of law, or change in sanctions policy, BitYard Trade will not owe any responsibility to the user with respect to the Services provided hereunder and for a time period coincident with the event.

28. Links to Third-Party Websites

The Platform and the Services may contain links to third-party websites that are not owned or controlled by BitYard Trade. BitYard Trade assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, BitYard Trade does not censor or edit the content of any third-party websites. By using the Platform or the Services, you expressly release BitYard Trade from any and all liability arising from the user's use of any third-party website. Accordingly, BitYard Trade encourages the user to be aware of and to review the terms and conditions, privacy policies, and other governing documents of any other website that the user may visit.

29. No Third-Party Rights

These Terms of Use are only for the relationship between the user and BitYard Trade and do not create any third-party rights in any nature.

30. Partial Validity

If any provision in these Terms of Use is held to be invalid, void, or unenforceable in one jurisdiction, such provision shall nevertheless continue in full force without being impaired or invalidated in any way in other jurisdictions, and the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

BitYard Trade Leveraged Tokens Risk Disclosure Statement

BitYard Trade describes the general and specific risks associated with Leveraged Tokens as part of BitYard Trade’s products and services you may enter into from time to time. You must read this statement in accordance with BitYard Trade Terms of Use. BitYard Trade offers Leveraged Tokens as products and services to you on the basis that you understand the risks involved.

A. BitYard Trade Leveraged Tokens are an investment with risk.

Leveraged token investment (trading) is a risky investment. Although BitYard Trade Leveraged Tokens generally have lower risks and costs than derivative products, they are not risk-free investments. As a trader, you must acknowledge and agree that you access and use BitYard Trade Leveraged Tokens at your own risk. You should fully understand the risks associated with BitYard Trade Leveraged Tokens and be solely responsible and liable for any and all trading and non-trading activity on your account. Please do not make any transactions or investments that are beyond your financial capacity.

B. BitYard Trade Leveraged Tokens are not a long-term investment.

Investors or traders with longer-term investment horizons shall purchase and hold the BitYard Trade Leveraged Tokens at their own risk. There is a possibility that the value of BitYard Trade Leveraged Tokens can become zero (0) and cannot be recovered due to inherent market risks, high fees, slippage, rebalance algorithm frontrunning, and any other perceived unknown risks associated with BitYard Trade Leveraged Tokens.

C. BitYard Trade Leveraged Tokens rebalance on an as-needed basis only.

BitYard Trade Leveraged Tokens are designed to be unpredictable in rebalance to reduce the vulnerability of being attacked by algorithms on the market. Unlike conventional leveraged tokens (not managed by BitYard Trade), BitYard Trade Leveraged Tokens do not maintain a constant leverage ratio. Therefore, BitYard Trade Leveraged Tokens only rebalance during extreme market movements. The rebalancing of positions of BitYard Trade Leveraged Tokens is governed by BitYard Trade’s proprietary algorithms with the aim to maximize correlation between BitYard Trade Leveraged Tokens and the underlying margin leverage position without profit guarantees.

D. Commissions, fees, and charges associated with BitYard Trade Leveraged Tokens.

Before investing or trading in BitYard Trade Leveraged Tokens, you should clearly understand all commissions, fees, and other charges for which you will be liable. These fees will affect your expected earnings. BitYard Trade reserves the right to modify or change the fees mentioned above at any time and at its sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize BitYard Trade to remove any amounts from your account for any applicable fees owed by you under these Terms.

E. Liquidity and pricing risks associated with BitYard Trade Leveraged Tokens.

Due to the nature of BitYard Trade Leveraged Tokens’ centralized creation and market liquidity, BitYard Trade strives to provide adequate market liquidity and to make BitYard Trade Leveraged Tokens available at a fair price.

BitYard Trade Delisting Procedure

Delisting refers to the suspension of all trading and business of a product or asset that has already been listed on an exchange. Delisting may be voluntary or involuntary. The reasons for delisting may be due to a project's decision to cease operations, failure to meet listing requirements, lack of liquidity, hard fork, or reverse split resulting in new coins. There are many factors that may affect an exchange's decision to delist a listed asset.

Delisting Procedure

When an asset is delisted, all trading pairs associated with it will be suspended and removed. Prior to the suspension of trading, the exchange will issue an official announcement to notify all users. Before the delisting, users can still trade until the trading is suspended. It should be noted that during the 10 minutes prior to the suspension of trading, users are not allowed to open new positions. Users are only allowed to close positions during this period. We reserve the right to suspend trading 10 minutes in advance. The precise time for suspending trading shall be subject to the announcement. If users choose to hold their positions until trading is suspended, the system will automatically settle the position. All unrealized profits and losses will be calculated and converted into realized profits and losses during settlement.

Countries that BitYard Trade does not support

China, Pakistan, Bangladesh, Kazakhstan, United Kingdom, Iran.

AML/KYC Policy

This Policy relates to BitYard Trade’s anti-money laundering and countering the financing of terrorism (“AML/KYC”) policies and procedures. This Policy is solely for the purpose of providing general information and is not, in any way, legally binding either on BitYard Trade and/or on any other person(s) (natural or otherwise).

A. BitYard Trade’s Principles and Approach to AML/KYC Efforts

BitYard Trade is committed to supporting AML/KYC efforts, in principle, we are committed to, amongst other things:

• Exercising due diligence when dealing with our customers, natural persons appointed to act for our customers’ behalf;
• We will, to the fullest extent possible, assist and cooperate with relevant law authorities to prevent the threat of money-laundering and terrorism-financing.

B. BitYard Trade’s Approach to Risk Assessment and Risk Mitigation

Risk Assessment

In this regard, we would:

• Record and/or collect files regarding: the identity of the customer; the country or jurisdiction in which the customer comes from or is located; and ensure that, within the scope of our knowledge, skills, and abilities, our customers are treated in accordance with the list of designated individuals and entities, related persons of the client, natural persons appointed to act on behalf of the client, and beneficial owners of the client for evaluation and screening. The list includes the following categories: Democratic People's Republic of Korea; People's Republic of Congo; Iran; Libya; Somalia; South Sudan; Sudan; Yemen; United Nations 1267/1989 Al Qaeda List; United Nations 1988 Taliban List; Annex 1 of the Suppression of the Financing of Terrorism Act (325).

Risk Mitigation

If identified, we shall not deal with any persons identified in the List of Designated Individuals and Entities.

C. Our Approach to New Products, Practices, and Technologies

We shall be properly advised, in relation to, identifying and assessing the money laundering and terrorism financing risks (continued in the next section)

BitYard Trade User Invitation Agreement

This agreement is between you (hereinafter referred to as "you" or "your") and BitYard Trade. Your access and use of the BitYard Trade platform or any of its website(s ), any service provided by the mobile application, or as described further in point 4 below, other related services (hereinafter collectively referred to as "the Service") provided by the website of BitYard Trade or any of its affiliates. It means that you confirm that you have read, understood, and accepted all the terms and conditions stipulated in this Terms of Use Agreement (hereinafter referred to as the "Terms of Use"), as well as our privacy policy published on the platform. In addition, when using some functions of this service, you may also need to comply with the additional terms and conditions applicable to these functions.

This service agreement stipulates that users can introduce third-party users to the platform. It also explains the platform's obligation for you to invite users and your obligations to us under the invitation plan provided by the platform.

1. Commitment and Electronic Signature

a.

Hereby acknowledge and agree to: continue to visit or use the main website of the platform by using and/or sharing the unique user recommendation code and recommended registration link or address specified on the platform’s main website. Analyze and provide information about the platform and/or financial products by referring potential new users to the platform’s main website. Fully agree to abide by and be bound by the terms and conditions set by all platforms to supplement the applicable service terms in this service agreement.

b.

To the extent permitted by applicable mandatory law, you hereby waive any rights or requirements under the laws or regulations of any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records.

2. User Invitation Terms and Written Guarantee

a.

You and the invited user have all the necessary rights to sign this service agreement and are fully bound by it, and he/she has taken all necessary measures in this regard. The user confirms that he/she/it can sign this service agreement and obtain the approval and/or authorization and/or qualification required by local regulations, and can provide the services mentioned in this service agreement.

b.

As an inviter, you must always provide true and complete information to the platform, including but not limited to contact information, the nature of user intermediary activities carried out to introduce, explain, and/or promote the financial services provided by the platform to potential users, and any other information that may be requested by the platform.

c.

You or the user you invite have no right to authorize activities on behalf of BitYard Trade, do not impersonate BitYard Trade on behalf of the platform in any way to provide any investment advice to the users introduced.

d.

The user has an obligation to notify the introduced user of any commissions received and any other commissions related to services provided under this service agreement when necessary.

e.

You may not use the platform logo in any communication, including but not limited to any business card or any electronic transmission method unless legally authorized by the platform.

f.

You and the user you invite promised that he/she shall not register a platform containing the word "BitYard Trade", and shall not register or operate a domain name whose name contains "BitYard Trade".

g.

You and the user you invite declare and warrant that he/she will not place promotional materials related to the platform on any website, nor use any media or medium containing materials, including but not limited to websites that meet the following conditions:

1. Through any automatic, deceptive, fraudulent, or other invalid means (including but not limited to by repeating), directly or indirectly using online services provided by the platform to manually click, use robots or other automated tools and/or computer-generated queries, and/or unauthorized use of other search engine optimization services and/or software.
2. Edit, modify, filter, truncate, or change the order of the information contained in any part of the main website of the platform, or delete, obscure, or minimize any part of the main website of the platform without authorization from the platform.
3. After clicking on any part of the main website of the platform, obscure, minimize, or prevent the complete display of any webpage accessed by the user.
4. Redirect any user outside of the platform’s main website.
5. Provide any version of the webpage on the main website of the platform that is different from the pages accessed by end-users directly accessing the main website of the platform.
6. Through or from any software application, website, or recommendation, directly or indirectly access, initiate, and/or activate access to online services provided by the platform, or combine access or referrals to online services provided by the platform, other than its website, and only within the scope expressly permitted by this service agreement.
7. "Crawling", "Crawler", indexing, or storing or caching in any non-transitory way from or has been solicited from the main website of the platform, identified as and/or referred to and/or recommended to and/or recommended to any user of the main website of the platform or the information related to it.
8. Acting in any way that violates the various policies posted on the platform's main website, the policy may be revised from time to time, or included in any other agreement between the associated platform and the platform (including but not limited to this service agreement).
9. Spread malware.
10. After the platform terminates the service agreement with the user because the user violates the service agreement, create a new account to register the platform's user plan.
11. Engage in any actions or practices that have a poor impact on the platform or detract from or depreciate the reputation and/or goodwill of the platform.

h.

The affiliated platform further declares and guarantees its website and any materials displayed on it:

1. Comply with all applicable laws and regulations, decrees, regulations, and other applicable rules.
2. Do not violate, nor violate any obligations or rights to any individual or entity, including but not limited to intellectual property rights, right of publicity or privacy, or rights or obligations under consumer protection, product liability, infringement, or contract.
3. Content does not involve pornography, hatred, or other acts of violence.

i.

Except as otherwise clearly stipulated in this service agreement, then only within the stipulated scope, users are prohibited from sending emails, SMS, MMS, or groups to promote the platform, the main website of the platform, the user plan of the platform, and/or online services provided by the platform.

j.

In addition, you clearly acknowledge and agree that the platform will not participate in supporting or condoning a large number of unsolicited emails (e.g., spam, desktop scrapbook) to promote the platform, the platform’s main website, the platform’s user program, and/or online services provided by the platform. You and the user you invite also clearly acknowledge and agree that he/she will also abide by this policy.

k.

You and the user you invite acknowledge and agree that any attempt to participate in or violate any of the above acts constitutes a significant violation of this service agreement, and the platform can decide to seek any and all applicable laws and fair remedies for you and the users you invite. This includes immediately suspending associated user accounts on the platform and/or immediately terminating this service agreement without prior notice, and/or seeking all available civil or criminal relief.

m.

You and the user you invite acknowledge and confirm that he/she has an existing user base or influence on the audience/KOL. According to the BitYard Trade user commission table, each commission level requires active trading users. Registering as a user to generate commissions for self-service trading accounts and/or using multiple accounts as active users would violate BitYard Trade user terms and be subject to the user account ban. BitYard Trade reserves the right to make adjustments and/or delete commissions at its discretion.

n.

Strictly prohibit the use of search engine marketing technology (For example, bid for the BitYard Trade brand name in any search engine). BitYard Trade reserves the right to terminate user accounts without prior notice.

o.

1. Promote (including a link to) pornographic materials, violent, or illegal activities.
2. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3. Manipulate keywords to conduct searches on portals and/or search engines that conflict with platform websites.
4. Infringe the intellectual property rights of the platform by choosing the visual "appearance" or text of the main website of the platform and distorting itself as the main website of the platform, including but not limited to banner advertisements and/or text links managed from the main website or platform and the "crawled" text or images in search marketing or all other online and offline campaigns.
5. Include "BitYard Trade" or its variants or misspellings in the user's domain name.
6. Does not explicitly provide online privacy policies to visitors of its website.
7. The platform decides whether it is offensive or inappropriate.

3. User Rights and Obligations

a.

Without affecting the obligations of you and the users you invite under this service agreement, the platform shall not be responsible or liable for any suggestions or decisions provided by you and the users you invite to the introduced users.

b.

For users to be eligible for any commission related to referred users, all requirements specified in this service agreement must be met, and users must ensure that referred users use their unique referral link/code to open an account on the platform.

c.

If you and the users you invite create a website to promote their business, the following features and information should be included to identify and capture suitable opportunities:

1. There should be a link that directs potential users to the main website of the platform;
2. Information and/or logos and/or slogans of the platform should be visible to potential users;
3. An accurate description of the platform's products should be provided to offer users specific information about the platform's financial products and services, so that users can enter into agreements with the platform.

d.

Users must obtain approval from the platform before uploading any information or functions related to the platform and its services.

e.

The platform has the sole discretion to accept or reject any user introduced by you and the user you invite and has the right to terminate the business relationship with any user at any time. All data relating to the user's account opening on the platform will be retained as the platform's exclusive proprietary property unless the agreement clearly states that the affiliated platform has no right to obtain such information through the signing of this service agreement.

f.

Subject to the terms and conditions of this service agreement, you and the users you invite agree that all referral activities to the platform for potential users must be professional, appropriate, and legal in accordance with applicable rules or laws.

4. Platform Rights and Obligations

a.

The platform guarantees that you will be paid in time for the commission you invited in accordance with the agreement of this service agreement.

b.

The platform is responsible for calculating and paying user commissions.

c.

If any disputes or user complaints occur, the platform reserves the right to retain any commissions related to users until these issues are resolved.

d.

If the platform finds that the trading activities of any user you introduce are abused, the platform reserves all rights, including but not limited to the immediate suspension or termination of the account of the associated platform, at the platform's discretion.

5. Transaction Fee

a.

The platform will track and report the user's trading activities, these trading activities are approved to open an account after the recommendation.

b.

The payable commission according to this service agreement will be based on a floating percentage of the fees paid by the recommended users. This fee can be viewed on the platform page at any time, and increases as the total trading amount of the recommended account increases.

c.

If any trading activity of the user introduced by the user is regarded as suspicious by the platform, the platform can delay the payment of the commission until it verifies the relevant trading. If the platform determines the activities that constitute fraudulent traffic at its own discretion, the platform has the right to terminate this service agreement and/or recalculate or withhold commissions of the associated platform accordingly.

d.

According to the recommended trading conducted by the introduced users, the commission will be paid according to the different cryptocurrencies described on the platform. If you use BTC for trading, the platform will pay BTC commission. If trading in ETH, the platform will pay commission in ETH, and so on. The payment will be credited to the user account, which was already registered when registering the user plan. The platform reserves the right to use other payment methods at its discretion.

e.

For anyone who does not strictly comply with this service agreement or the incorporated guidelines (if applicable) (including possible subsequent modifications and amendments), the platform will not grant any commission. The user should always strictly abide by this service agreement and the guidelines contained therein, which is the user's sole and absolute responsibility.