Last reviewed: October 25, 2023
These The Saifedean Terms of Use are between you (“you” or “your”) and The Saifedean Operators (as defined below). By accessing, downloading, using or clicking “I Accept” to accept any The Saifedean Services (as defined below) provided by The Saifedean (as defined below), you agree that you have read, understood and agreed to all of the terms and conditions. stipulated in these Conditions of Use (hereinafter, “these Conditions”) as well as our Privacy Policy at https://thesaifedean.com/Compliance.html . Additionally, when using certain features of the Services, you may be subject to specific additional terms applicable to those features.
You need to read the Terms carefully as they govern your use of the The Saifedean Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS, INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY LEGAL BINDING ARBITRATION . The Terms of the arbitration provision are set forth in Article 10, “Dispute Resolution: Forum, Arbitration, Class Action Waiver.” As with any asset, the values of Digital Currencies (as defined below) can fluctuate significantly and there is a substantial risk of financial loss when buying, selling, holding or investing in Digital Currencies and their derivatives. BY USING THE SAIFEDEAN SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS IN DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU ASSUME ALL RISKS RELATED TO THE USE OF THE SAIFEDEAN SERVICES AND TRANSACTIONS IN DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) THE SAIFEDEAN SHALL NOT BE RESPONSIBLE FOR SUCH RISKS OR ADVERSE RESULTS .
By accessing, using or attempting to use the The Saifedean Services in any manner, you acknowledge that you agree to be bound by these Terms. If you do not agree, please do not access The Saifedean or use The Saifedean services.
(a) crediting your The Saifedean Fiat Account with one or more fiat currencies, either via bank transfer, or with your debit or credit card;
(b) the purchase of Digital Assets at spot prices with one or more fiat currencies using the balance of your The Saifedean Fiat Account, or your debit or credit card;
(c) the sale of Digital Assets at spot prices for fiat currencies and the payment of the corresponding sale proceeds to your The Saifedean Fiat Account or to your debit or credit card;
(d) the withdrawal of one or more fiat currencies from your The Saifedean Fiat Account, to your bank account or to your debit or credit card.
These Terms constitute a legal agreement and create a binding contract between you and The Saifedean Operators.
Due to the rapid development of The Saifedean and Digital Currencies, these Terms between you and The Saifedean Operators do not enumerate or encompass all of the rights and obligations of each party, and do not guarantee complete alignment with the needs arising from future development. THEREFORE, THE PRIVACY POLICY, THE SAIFEDEAN PLATFORM RULES AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND THE SAIFEDEAN ARE CONSIDERED SUPPLEMENTAL TERMS WHICH FORM AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF THE SAIFEDEAN SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTAL TERMS.
The Saifedean reserves the right to change or modify these Terms at its discretion at any time. The Saifedean will provide notice of such changes by updating the Terms on its website and modifying the [Last Revised] date indicated on this page. ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BE EFFECTIVE UPON POSTING ON THE WEBSITE OR DISCLOSURE TO USERS. THEREFORE, YOUR CONTINUED USE OF THE SAIFEDEAN SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO THE CHANGES TO THESE TERMS, YOU SHOULD STOP USING THE SAIFEDEAN SERVICES IMMEDIATELY. IT IS RECOMMENDED THAT YOU FREQUENTLY REVIEW THESE TERMS TO ENSURE THAT YOU UNDERSTAND THE TERMS THAT APPLY TO YOUR ACCESS AND USE OF THE SAIFEDEAN SERVICES.
BY ACCESSING AND USING THE SAIFEDEAN SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED ON ANY LIST OF TRADE EMBARGOES OR ECONOMIC SANCTIONS (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE UNITED STATES DEPARTMENT OF THE TREASURY) OR THE UNITED STATES DEPARTMENT OF COMMERCE'S DENIED PERSONS OR ENTITIES LIST. THE SAIFEDEAN RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REJECT, IN ITS SOLE DISCRETION, THE PROVISION OF THE SAIFEDEAN SERVICES IN CERTAIN COUNTRIES OR REGIONS.
As an important part of The Saifedean ecosystem, The Saifedean primarily operates as a global online platform for Digital Asset trading and provides users with a trading platform, financing services, technical services and other services related to Digital Assets. As detailed below in Article 3, Users must register and open an account with The Saifedean and deposit Digital Assets into their account before trading. Users may, subject to the restrictions set out in these Conditions, request the withdrawal of Digital Assets.
Although The Saifedean is committed to maintaining the accuracy of the information provided through The Saifedean Services, The Saifedeancannot and does not guarantee its accuracy, applicability, reliability, completeness, performance or suitability, nor will The Saifedean be liable for any loss or damage that may arise. caused directly or indirectly by the use of these contents. Information on The Saifedean Services may change without notice, and the primary purpose of providing such information is to help Users make independent decisions. The Saifedean does not provide investment advice or consulting of any kind, and is not responsible for the use or interpretation of information on The Saifedean or any other media. All Users of The Saifedean Services should understand the risks involved in trading Digital Assets and are advised to trade prudently and responsibly within their own capabilities.
All Users must apply for a The Saifedean account at ( https://cfd.thesaifedean.com/register ) before using The Saifedean services. When registering The Saifedean account, you must provide the information identified in this Article 3 or as otherwise requested by The Saifedean, and agree to these Terms, the Privacy Policy and other The Saifedean Platform Rules. The Saifedean may refuse, at its discretion, to open The Saifedean Account for you. You agree to provide complete and accurate information when opening The Saifedean account, and you agree to promptly update any information you provide to The Saifedean to maintain the completeness and accuracy of the information. Each User (natural or legal person) can maintain only one main account at a time. However, Users may open one or more sub-accounts under the main account with the consent of The Saifedean. For certain The Saifedean Services, you may be required to set up a specific account separate from your The Saifedean Account, depending on the provisions of these Terms or the Supplemental Terms. The registration, use, protection and management of trading accounts are equally governed by the provisions of this Clause and Clause VI, unless otherwise indicated in these Conditions or in the Supplementary Conditions.
By registering to use The Saifedean Account, you represent and warrant that (i) as an individual, you are at least 18 years old or of legal age to form a binding contract under applicable laws; (ii) as a natural person, legal entity or other organization, you have full legal capacity and sufficient authorizations to accept these Conditions; (iii) you have not previously been suspended or terminated from using the The Saifedean Platform or The Saifedean Services; (iv) you do not have a current The Saifedean Account; (v) is not a resident, is located in or otherwise seeks to access The Saifedean Platform or the The Saifedean Services from, or acts on behalf of, a natural or legal person who is resident or located in a Restricted Location. For the purposes hereof, a “Restricted Location” shall include the United States, Malaysia, Canada, the Netherlands and other locations designated by The Saifedean operators where applicable as a “Restricted Location”; (vi) if you are acting as an employee or representative of a legal entity, and accept these Terms on its behalf, you represent and warrant that you have all necessary rights and authorizations to bind the legal entity and to access and use The Saifedean Platform and The Saifedean Services on behalf of the legal entity; and (vii) your use of The Saifedean Platform and The Saifedean Services will not violate any laws and regulations that apply to you, such as anti-money laundering, anti-corruption, and counter-terrorism financing regulations. .
There are legal requirements in several countries that may restrict the products and services that The Saifedean Traders can legally offer. As a result, some products and services and certain features of the The Saifedean Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You are responsible for informing yourself of and adhering to any restrictions and/or requirements imposed with respect to your access to and use of The Saifedean Platform and The Saifedean Services in each country from which you access The Saifedean Platform and The Saifedean Services or in your country. name. The Saifedean Operators reserve the right to change, modify or impose additional restrictions regarding access and use of The Saifedean Platform and The Saifedean Services at its discretion at any time without prior notice.
Your registration for an account with The Saifedean will be deemed your agreement to provide personal information necessary for identity verification. The information will be used to verify the identity of Users, identify traces of money laundering, terrorist financing, fraud and other financial crimes through The Saifedean, or for other legitimate purposes established by The Saifedean. We will collect, use and share information in accordance with our Privacy Policy. In addition to providing the information, you agree to allow us to maintain a record of the information for the period for which your account is active and for five (5) years following the closure of your account, in accordance with global industry standards in data storage matter. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued identification, date of birth, and other information collected during account registration. By providing the necessary information, you confirm that it is true and accurate. AFTER REGISTRATION, YOU SHOULD ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND IS TIMELY UPDATED WHEN CHANGED. IF THERE ARE REASONS TO BELIEVE THAT THE INFORMATION YOU HAVE PROVIDED IS INCORRECT, FALSE, OBSOLETE OR INCOMPLETE, THE SAIFEDEAN RESERVES THE RIGHT TO SEND YOU A NOTICE TO REQUEST RECTIFICATION, DIRECTLY DELETE THE RELEVANT INFORMATION AND, AS APPLICABLE, TERMINATE ALL OR PART OF THE SAIFEDEAN SERVICES WE PROVIDE. IF WE ARE UNABLE TO CONTACT YOU USING THE CONTACT INFORMATION YOU PROVIDED US, YOU WILL BE FULLY RESPONSIBLE FOR ANY LOSS OR EXPENSES CAUSED TO THE SAIFEDEAN DURING YOUR USE OF THE SAIFEDEAN SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE AN OBLIGATION TO UPDATE ALL INFORMATION IF ANY CHANGES OCCUR. BY REGISTERING AN ACCOUNT, YOU AUTHORIZE THE SAIFEDEAN TO CONDUCT INVESTIGATIONS THAT THE SAIFEDEAN DEEMS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR TO PROTECT YOU, OTHER USERS AND/OR THE SAIFEDEAN FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE THE NECESSARY MEASURES BASED ON THE RESULTS OF THE INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT AGENCIES AND AGENCIES FOR THE PREVENTION OF FRAUD OR THE PREVENTION OF FINANCIAL CRIME, IN RESPONSE TO OUR INVESTIGATIONS.
Only the account registrant can use The Saifedean account. The Saifedean reserves the right to suspend, freeze or terminate the use of The Saifedean Accounts by persons other than those who register for the account. If you suspect or become aware of any unauthorized use of your username and password, you must notify The Saifedean immediately. The Saifedean assumes no liability for any loss or damage arising from the use of The Saifedean Account by you or any third party with or without your authorization.
and. Account Security
The Saifedean is committed to maintaining the security of funds entrusted by the User and has implemented industry standard protection for The Saifedean Services. However, the actions of individual Users may pose risks. You agree to treat your access credentials (such as username and password) as confidential information and not to disclose the information to third parties. You also agree to be solely responsible for taking appropriate security measures to protect your The Saifedean Account and personal information.
You shall be solely responsible for keeping your The Saifedean account and password secure, as well as all transactions under your The Saifedean account. The Saifedean does not assume any responsibility for any loss or consequences caused by the authorized or unauthorized use of your account credentials, including but not limited to the disclosure of information, disclosure of information, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating The Saifedean account, you agree that:
Yo. You will notify The Saifedean immediately if you become aware of any unauthorized use of your The Saifedean account and password or any other violation of security regulations;
iii. You will take appropriate steps to log out of The Saifedean at the end of each visit.
III. The Saifedean Services
After completing the registration and identity verification of your The Saifedean Account, you can use various The Saifedean Services, including spot trading, fiat services, trading, leveraged trading, The Saifedean savings services, holdings, acquiring market-related data, research and other information published by The Saifedean, participating in User activities conducted by The Saifedean, etc., in accordance with the provisions of these Terms (including The Saifedean Platform Rules and other individual agreements). The Saifedean has the right to:
The Saifedean has the exclusive authority to determine the Digital Assets listed on the platform and may add or remove Digital Assets from the platform at its sole discretion. If you maintain platform-excluded Digital Assets in your The Saifedean Account beyond a specific period that will be notified to you, The Saifedean may, at its discretion, convert such Digital Assets into a different type of Digital Asset that is a stable cryptocurrency. The Saifedean may also change the order size available for each Digital Asset. With respect to such additions, deletions or modifications, The Saifedean may, but shall not be obligated to, notify Users in advance. The Saifedean will notify you in advance of any conversion of Excluded Digital Assets and you will always have the opportunity, during a period to be specified by The Saifedean, to withdraw Excluded Digital Assets before they are converted into a stable cryptocurrency. The Saifedean will have no liability to Users in relation to the additions, deletions or modifications described in this clause.
Subject to your continued compliance with the express conditions set forth in these Terms, The Saifedean grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, non-sublicensable license to access and use The Saifedean Services through your computer or devices. Internet compatible for your personal/internal purposes. You are prohibited from using The Saifedean Services for commercial or reselling purposes, including transactions on behalf of other individuals or legal entities. All of the foregoing actions are expressly prohibited and constitute a material breach of these Terms. The content design, format, function and access rights in relation to The Saifedean services shall be determined at the discretion of The Saifedean.The Saifedean reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using the The Saifedean Services in any manner not expressly authorized by these Terms.
These Terms grant you only a limited license to access and use The Saifedean Services. Therefore, you agree that when you use The Saifedean Services, The Saifedean does not transfer the The Saifedean Services or the ownership or intellectual property rights in any The Saifedean intellectual property to you or any other person. Texts, graphics, user interfaces, visual interfaces, photos, sounds, process flow diagrams, computer codes (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, appearance and arrangement of the content included in the services or provided through The Saifedean Services, are exclusively owned, controlled and/or licensed by The Saifedean Operators or their members, parents, licensors or affiliates.
The Saifedean owns any comments, suggestions, ideas or other information or materials (collectively “Feedback”) on the The Saifedean Services or The Saifedean that you provide via email, The Saifedean Services or other forms. You hereby transfer to The Saifedean all rights in the Feedback, as well as all intellectual property rights related to The Saifedean. You have no right to, and waive any request for acknowledgment or compensation based on the Feedback, or any modifications based on the Feedback.
By using the The Saifedean Services, you accept and agree to be bound by the following provisions:
Yo. While using the The Saifedean Services, all activities you carry out must comply with the requirements of applicable laws and regulations, these Terms and The Saifedean guidelines;
iii. You will not use the Services for market manipulation (such as pump and dump schemes, wash trading, auto-trading, forward trading, quote stuffing, rerouting or layering, whether prohibited by law or not);
1) Trading services that make use of The Saifedean quotes or information
bulletin board market.
2) Data feed or transmission services that make use of any The Saifedean market data.
3) Any other websites/apps/services that charge for or benefit (including through advertising or referral fees) from market data obtained from The Saifedean.
saw. You may not (i) use any deep linking, web spiders, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual process to access, obtain, copy or monitor any part of the Properties , or replicate or bypass the navigational structure or presentation of The Saifedean Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any way not purposely provided through The Saifedean Services. The Saifedean; (ii) attempt to access any part or feature of the Properties without authorization, or connect to The Saifedean Services or any The Saifedean server or any other system or network of any The Saifedean Services provided through the Services by hacking, mining passwords or any other illegal or prohibited means; (iii) probe, scan or test the vulnerabilities of The Saifedean Services or any network connected to the Properties, or breach any security or authentication measures of The Saifedean Services or any network connected to The Saifedean Services; (iv) reverse lookup, trace, or search for information on any other User or visitor to The Saifedean Services; (v) take any action that imposes an unreasonable or disproportionate load on the systems or network infrastructure of The Saifedean Services or The Saifedean, or the infrastructure of any system or network connected to The Saifedean Services; (vi) use any device, software or routine program to interfere with the normal operation of The Saifedean Services or any transaction on The Saifedean Services, or any other person's use of The Saifedean Services; (vii) forge headers, spoof or otherwise manipulate identification in order to disguise your identity or the origin of any message or transmission you send to The Saifedean , or (viii) use The Saifedean Services in an unlawful manner.
By accessing The Saifedean Services, you agree that The Saifedean has the right to investigate any breach of these Terms, unilaterally determine whether you have breached these Terms, and take action under the relevant regulations without your consent or prior notice, namely:
By using Spot Transactions, you acknowledge and agree that you have read, understood and agreed to the Spot Transactions Terms of Use, which shall apply to all Spot Transactions (as that term is defined in the Terms of Use). of Spot Operations).
3.1 By accepting these Conditions, you acknowledge and agree that:
You have read, accepted and will comply with these Terms, the Legal Notice, the Privacy Policy and any other The Saifedean Platform Rules related to the Fiat Services;
The Saifedean may partner with any Fiat Partner and, if applicable, will open an account with the Fiat Partner by completing the registration and identity verification applicable to that account, and will accept any user agreements, conditions, policies and procedures or similar documents of any Fiat Partner;
Payments denominated in any Fiat currency and made in connection with the Fiat Services cannot be cancelled, recovered or refunded, and any chargeback request in connection with the Fiat Services involving a Fiat Partner will be subject to the policies and procedures of that Fiat Partner.
3.2 Yes:
(a) you are resident or located in an EEA jurisdiction or the United Kingdom, then all Fiat Services will be provided to you by Bifinity UAB; either
(b) you use any Fiat Services, which involves a debit or credit card, then (regardless of your residence or location) the Fiat Services will be provided to you by Bifinity Bitfi Technology Limited. .
In each case you will be asked to read, accept and comply with the Conditions of Use and Privacy Policy of the service provided and general terms.
Unless otherwise specified by The Saifedean , to carry out Futures Transactions, you must enter into a separate The Saifedean Futures Services Agreement a nd open a special Escrow Account, after completing the registration and identity verification of your The Saifedean account. You acknowledge and agree that:
Before transacting Options products through The Saifedean (the “Options Transactions”), you acknowledge and agree that:
By using the Margin Services, you acknowledge and represent that you have read, understood and agreed to the “Margin Services Terms of Use,” which shall apply to all Margin Services (as defined in the Margin Terms of Use). Margin Services).
Unless otherwise indicated by The Saifedean , to borrow coins, you must enter into a separate Lending Services User Agreement with The Saifedean and open a special Escrow Account and/or complete other relevant procedures, after completing registration and verification. identity of your The Saifedean Account. You understand and agree that:
and. The Saifedean has the right to temporarily or permanently prohibit you from using the Lending Services as it deems necessary or reasonable, and to the maximum extent permitted by law, without liability to you.
The Saifedean offers a savings service to provide Users with value-added services for their idle digital assets. To use The Saifedean Savings Service, you must enter into The Saifedean Savings Service User Agreement with The Saifedean (en/support/faq/bc5978ba2ac2456cbb91d13860d36134) and open a special The Saifedean Savings Service account, after completing registration and identity verification of your The Saifedean account. When using The Saifedean savings service, you should keep in mind that:
and. You agree that all investment transactions made on The Saifedean represent your true investment intentions and you unconditionally accept the potential risks and rewards of your investment decisions.
The Saifedean will from time to time launch specific Digital Currency staking programs to reward, according to certain rules, users who hold Digital Currencies in their The Saifedean Accounts. When participating in participation programs, you should be aware that:
and. When using the The Saifedean POS service, you should fully recognize the risks involved in investing in cryptocurrencies and operate with caution.
The Conversion Services allow Users to buy and sell Digital Assets based on prices provided by The Saifedean . Before transacting on the Conversion Services, you acknowledge and agree that you have read, understood and agreed to the Terms of Use of the Conversion Services.
Before transacting in The Saifedean Leveraged Tokens, you acknowledge and agree that you have read, understood and agreed to each of The Saifedean Leveraged Tokens Risk Disclosure Statements and The Saifedean Leveraged Tokens Agreement, which shall be applicable to all transactions. subscriptions, redemptions and transactions in The Saifedean Leveraged Tokens (as defined in The Saifedean Leveraged Tokens Agreement).
If agreed with The Saifedean , you may be permitted to receive certain over-the-counter (OTC) services with respect to bilateral transactions in Digital Assets, which services will be subject to The Saifedean OTC Terms.
You agree to be bound by The Saifedean OTC Terms with respect to all OTC Services provided to you through the agreed Communication Channels (as each term is defined in The Saifedean OTC Terms).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,THE SAIFEDEAN SERVICES, THE SAIFEDEAN MATERIALS AND ANY PRODUCTS, SERVICES OR ANY OTHER ITEMS PRESENTED BY OR ON BEHALF OF THE SAIFEDEAN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ”, AND THE SAIFEDEAN EXPRESSLY DISCLAIMS, AND YOU HEREBY WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, THE SAIFEDEAN DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SAIFEDEAN SERVICES OR THE SAIFEDEAN MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SAIFEDEAN DOES NOT GUARANTEE THAT AN ORDER WILL BE EXECUTED, ACCEPTED, REGISTERED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS REPRESENTATIONS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER REPRESENTATIONS OR AGREEMENTS, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SAIFEDEAN SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT THE SAIFEDEAN SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATED TO: (A) AN INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA, (B) AN ERROR OR DELAY IN TRANSMISSION OF DATA, (C) AN INTERRUPTION OF DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE PERFORMED BY THE SAIFEDEAN AND INTERRUPTION AND CHANGE OF SERVICE RESULTING FROM SUCH MAINTENANCE, (E) DAMAGE INCURRED BY ACTIONS, OMISSIONS OR BREACHES OF THESE TERMS BY OTHER USERS, (F) DAMAGE CAUSED BY ILLEGAL ACTIONS OF THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZATION BY THE SAIFEDEAN ; AND (G) OTHER WAIVERS MENTIONED IN THE DISCLAIMERS AND PLATFORM RULES ISSUED BY THE SAIFEDEAN .
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY TO THE EXTENT PROHIBITED BY THE APPLICABLE LAW OF YOUR JURISDICTION OF RESIDENCE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SAIFEDEAN , ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR LIABILITY OR THE LIKE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFITS) ARISING OUT OF THE SAIFEDEAN SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SAIFEDEAN SERVICES, OR ANY OTHER PRODUCT , SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF THE SAIFEDEAN AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTORY, TORT OR OTHER THEORY EVEN IF THE SAIFEDEAN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, EXCEPT IN THE EVENT WHICH A FINAL COURT RULING RESOLVES THAT THE DAMAGES ARE THE RESULT OF GROSS FAULT, FRAUD, WILLFUL OR INTENTIONAL FAILURE TO COMPLY WITH THE LAW ON THE PART OF THE SAIFEDEAN . SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF THE SAIFEDEAN , ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS DERIVE FROM SERVICES OFFERED BY THE SAIFEDEAN OR ON BEHALF OF THE SAIFEDEAN AND ITS AFFILIATES , ANY PERFORMANCE OR NON-PERFORMANCE OF THE SAIFEDEAN SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, LAW, LIABILITY OR OTHER THEORY, WILL EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO THE SAIFEDEAN UNDER THESE CONDITIONS WITHIN THE TWELVE MONTHS PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH CAUSED THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless The Saifedean Operators, its affiliates, contractors, licensor and their respective directors, officers, employees and agents from and against any and all claims, actions, proceedings, investigations, demands, costs, expenses and damages (including attorneys' fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of or conduct in connection with The Saifedean Services, (ii) your breach or our enforcement of these Terms, or (iii) ) your failure to comply with applicable laws or regulations or the rights of third parties during your use of The Saifedean Services. If you are required to indemnify The Saifedean Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents under these Terms, The Saifedean shall have the right, in its sole discretion, to control any such action or proceeding. and to determine whether The Saifedean wishes to reconcile and, if so, under what terms.
Please note that all official announcements, news, promotions, competitions and launches are indicated at https://thesaifedean.com/News.html USERS AGREE TO REFER TO THESE MATERIALS ON A REGULAR AND PROMPT BASIS. THE SAIFEDEAN WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION IF USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ADVERTISING.
SAW. Termination of Contract
You agree that The Saifedean shall have the right to immediately suspend your The Saifedean Account (and any beneficiary accounts owned by related entities or affiliates), freeze or block the Digital Assets or funds in all such accounts, and suspend your access to The Saifedean for any reason, even if The Saifedean suspects that any account is in breach of these Terms, our Privacy Policy, or any applicable laws or regulations. You agree that The Saifedean shall not be liable to you for any permanent or temporary modification to your The Saifedean Account, or suspension or termination of your access to all or any part of The Saifedean Services. The Saifedean reserves the right to retain and use transaction data or other information related to The Saifedean Accounts. The account controls above may also apply if:
In the following cases, The Saifedean will have the right to directly terminate these Terms and cancel your The Saifedean Account, and will have the right but not the obligation to permanently freeze (cancel) the authorizations of your The Saifedean Account on The Saifedean and delete The Saifedean Account correspondent:
If your The Saifedean account is terminated, your account and transaction information that complies with data retention standards will be securely stored for 5 years. Additionally, if a transaction has not been completed during the account cancellation process, The Saifedean will have the right to notify its counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right of deletion under GDPR or other equivalent regulations) will also be subject to the cancellation protocol set out above.
If The Saifedean is informed that Digital Assets or funds in your The Saifedean account are stolen or that you are not otherwise the rightful owner, The Saifedean may, but has no obligation to, place an administrative freeze on the funds. affected and their The Saifedean Account. If The Saifedean places an administrative block on some or all of your funds or your The Saifedean Account, The Saifedean may continue the block until the dispute has been resolved and The Saifedean has been provided with evidence of the resolution in a form acceptable to The Saifedean . The Saifedean will not be involved in any dispute or dispute resolution. You agree that The Saifedean shall have no liability whatsoever due to the blocking, or your inability to withdraw Digital Assets or funds or execute trades during the blocking period.
Except as set forth in Section 4 below, upon closure/cancellation of The Saifedean Account, the remaining account balance (including fees and liabilities owed to The Saifedean) shall be immediately credited to The Saifedean. Upon payment of all outstanding fees to The Saifedean(if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
The Saifedean maintains full custody of Digital Assets, funds and User data/information which may be handed over to government authorities in the event of cancellation/closure of The Saifedean Accounts due to fraud investigations, non-compliance investigations or breach of these Conditions.
Notwithstanding any provision of this Section VI, The Saifedean may provide written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your The Saifedean Account within 30 days of the notice. In the event of a breach, The Saifedian may, in its sole discretion and without prior notice:
(a) consider your The Saifedean account as an inactive account;
(b) close all your open positions in any The Saifedean products;
(c) convert the Digital Assets to a different class of Digital Assets (for example, from BTC to USDT). For the avoidance of doubt, none of The Saifedean Operators will be liable for any loss of profits, tax liabilities or any other loss, damage or expense incurred as a result of the conversion;
(d) transfer the dormant account (including any Digital Assets held in the account) to an affiliate of The Saifedean Operators, to any third-party depository or to a separate wallet when The Saifedean deems it reasonably necessary. In case the transfer has been completed, you have the right to recover your digital assets in accordance with The Saifedean verification requirements, including know-your-customer (KYC) procedures;
(e) charge a dormant account fee to cover the cost of maintaining assets by The Saifedean Operators, its affiliates or any third party, which will be withdrawn directly from the dormant account on a monthly basis; and
(f) close an inactive account at any time, and The Saifedean will not be liable for any loss, damage or expense incurred as a result of closing an inactive account unless there is fraud or willful misconduct on the part of The Saifedean . The assets of these inactive accounts will be transferred in accordance with literal (d) of section 5 above. After closing an inactive account, you will not be able to reactivate it (i.e. you will need to register a new The Saifedean account if you wish to continue using The Saifedean Services).
VII. Lack of financial advice
The Saifedean is not your broker, dealer, agent or advisor and has no fiduciary relationship or obligation to you in connection with any transactions or other decisions or activities undertaken by you through The Saifedean Services. No communication or information provided to you by The Saifedean is intended to be, nor shall it be considered or construed as, investment advice, financial advice, trading advice or any other advice. Unless otherwise specified in these Terms, all transactions are executed automatically, based on the parameters of your order instructions and in accordance with published transaction execution procedures, and you are solely responsible for decide whether an investment, investment strategy or related transaction is suitable for you based on your personal investment objectives, financial circumstances and risk tolerance, and you will be solely responsible for any resulting losses or liabilities. You should consult legal professionals or prosecutors regarding your specific situation. The Saifedean does not recommend that you buy, receive, sell or hold any Digital Assets. Before making a decision to buy, sell or hold a Digital Asset, you should conduct your own due diligence process and consult your financial advisors before making an investment decision. The Saifedean will not be responsible for any decisions you make regarding buying, selling or holding Digital Assets based on information provided by The Saifedean .
VIII. Compliance with local laws
It is the User's responsibility to comply with local laws regarding fair use of The Saifedean Services in their local jurisdiction, as well as other laws and regulations applicable to Users. Users should also take into account, to the extent provided by their local laws, all aspects of taxation, withholding, collection, notification and submission to their appropriate tax authorities. ALL USERS OF THE SAIFEDEAN SERVICES ACKNOWLEDGE AND REPRESENT THAT THEIR FUNDS HAVE A LEGITIMATE ORIGIN AND DO NOT COME FROM ILLEGAL ACTIVITIES; USERS AGREE THAT THE SAIFEDEAN WILL REQUIRE THEM TO PROVIDE, OR OTHERWISE COLLECT, INFORMATION AND MATERIALS NECESSARY UNDER APPLICABLE LAWS OR DECREES TO VERIFY THE LEGITIMACY OF THE SOURCE AND USE OF THEIR FUNDS. The Saifedean maintains a cooperative stance with global law enforcement authorities and will not hesitate to seize, freeze and cancel the accounts and funds of Users who are flagged or investigated by legal mandate.
Access to The Saifedean Services involves the submission of certain personally identifiable information. Please review The Saifedean Privacy Policy at https://thesaifedean.com/Compliance.html for a summary of The Saifedeanguidelines regarding the collection and use of personally identifiable information.
IT IS IMPORTANT TO READ THIS CLAUSE CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BEGIN LEGAL PROCEEDINGS, SUCH AS CLASS ACTIONS.
In the event that the dispute cannot be resolved satisfactorily, and you seek to bring a claim against The Saifedean , you agree to set forth the basis of your claim in writing in a “Notice of Claim”, as prior notice to The Saifedean . The Notice of Claim must: (1) describe the nature and basis of the claim or dispute, (2) state the specific remedy being sought, (3) provide the original ticket number, and (4) include the email address from your The Saifedean account. The Claim Notice must be sent to an email address or hyperlink provided in your correspondence with The Saifedean . After you have provided the Claim Notice to The Saifedean , you or The Saifedean may submit the dispute referred to in the Claim Notice to arbitration in accordance with paragraph 2 of this Clause. For the avoidance of doubt, submitting a dispute to The Saifedean for internal resolution and providing a Notice of Claim to The Saifedean are prerequisites to initiating an arbitration process (or any other process). During the arbitration, the amount of any settlement offer made by you or The Saifedean will not be disclosed to the arbitrator.