1.2. By using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of this Agreement and the terms set out in the Legal Documents, including any revisions as may be published by us at any time and from time to time.
1.3. This Agreement and any applicable Terms or Legal Documents constitute the entire agreement and understanding regarding the use of any or all of the Services, and any manner of accessing them, between: You and Blofin, depending on your location, nationality, services used, and your level of KYC completed.
2. Eligibility of Using the Service
2.1 You acknowledge and agree that:
this Agreement does not contradict with the laws of the country or region of your residence;
you are the legal owner of the Digital Assets you have deposited with the Service and aforesaid Digital Assets are obtained from legitimate sources;
you must be at least 18 years old, with full civil rights and civil capacity, and have all the necessary authorities and abilities to understand and execute this Agreement;
If you are registering to use the Service on behalf of a legal entity, in order to effectively accept this Agreement, you declare and guarantee that (i) such legal entity is legally established and valid in accordance with applicable laws; (ii) you are duly authorized by the legal entity to have the right to act on their behalf.
You have the experience and risk tolerance of using the service, and have the experience and knowledge to invest in non-guaranteed digital currency products;
In order to use the Service, you have the ability to perform operations on the Internet;
2.2 You are aware of and assume the risks of using the Service, which include but not limited to:
high price volatility of the Digital Assets and their derivatives could incur severe or total loss in a short period of time;
the insufficiency of Digital Assets deposited as margin or collateral could incur immediate liquidation of your Positions, and you could lose all Digital Assets you have deposited with the Service;
technology outrage could happen, which may delay or block your use of the Service;
market anomaly could happen, which may incur severe or total loss of your Digital Assets.
from time to time and at any time, in order to maintain the overall stability of the market, Blofin may need to add, remove, or change policies. Such action may be in favor or against an individual User.
2.3 You acknowledge and agree that:
You will not use the Service for any illegal purpose.
You will not initiate or facilitate any form of market manipulation.
You will not act in a manner which is contradictory to this Agreement, the Legal Documents, or other Blofin community values.
3.1 Blofin Earn is a saving product that Blofin offers as a digital asset value-added service to users for flexible returns. Users may be able to earn market-based return from subscribing and/or participating in the Service.
3.2 “Service Fee” refers to the fees a user may pay to Blofin when subscribing or participating in the Service.
3.3 Other definitions relating to the Services include:
T hour: An hour on a normal trading day based on London time (UTC+0).
T day: A natural day based on London time (UTC+0).
Principal: certain amount of Digital Assets being deposited in the User’s Account for the purpose of using the Service.
Redemption: The redemption of the Digital Asset deposited in the Service and transfer back to the User’s Account.
4. Use of the Services
4.1 You can make commands, such as subscribe, deposit, lock up, redeem, etc. through the Platform. Once the command is set, you will not be able to cancel, revoke or edit it.
4.2 When your Digital Assets are successfully deposited and locked up, you agree to entrust and authorize Blofin as an intermediary to perform certain actions to certain amount of Digital Assets in your account, including but not limited to node voting and Digital Asset gain.
4.3 You may choose “fixed” or “flexible” term for subscribing the Service.
4.4 Flexible Term
a. Once your Digital Assets have been deposited upon subscription to the Service, you will earn interest from your Digital Assets deposited at the Platform with the interest rate displayed and varied every hour thereon.
b. If a User deposits the Digital Asset and the bid is successfully matched on the T hour, the hourly interest for the deposited Digital Asset shall be from T hour to T+1 hour and will be distributed on T+1 hour. All interests will be distributed to your Account. For details of the interest rate setting, calculation and distribution, please refer to [insert zendesk link]
c. Redemption rules: If a User selects “flexible” term for the Service, the User can redeem after entering the redemption command at any time. The redeemed Digital Asset may arrive at the User’s Account immediately depending on the token type.
4.5 Fixed Term
a. Once your Digital Assets have been deposited upon subscription to the Service, you will earn interests from your Digital Assets deposited at the Platform with the interest rate so displayed thereon at the time of deposit.
b. Interest will be calculated starting from the next 08:00 hours on T or T+1 day. The returns will be settled and distributed on a daily basis therefrom. All interests will be distributed to your Account.
c. If a User selects “fixed “term for the Service, the User is recommended to redeem after the term expires. The redeemed Digital Assets' arrival at the User’s account may not be instantaneous, depending on the token type. You understand and agree that between the redemption time and the actual arrival time, you will not be able to make any returns, transfer or other commands to the redeemed Digital Assets. You understand and accept that the actual time for the redeemed Digital Assets to arrive at your Account may vary. The arrival time shown on the website is final.
d. Auto-renewal: The User may select the 'Auto-renewal function' when subscribing for a fixed term for the Service. When selected, as soon as the current term ends, your Digital Assets deposited will be automatically locked up for another term of the same duration, on the same underlying Digital Assets. You can go to the 'My Earnings' page to disable the auto-renewal function at any time. Once the auto-renewal function is disabled, your Digital Assets deposited will be sent to your funding account on expiration date and will not be automatically locked up for another term. Blofin reserves the right to enable or disable this auto-renewal function for any fixed term Service in its sole discretion.
e. Default settlement: If a User requests to redeem the Digital Assets deposited before the expiration of the current fixed term, Blofin may deduct all the interests earned in the current term that are distributed to the User under relevant order from the User’s Account. Notwithstanding the foregoing, the User shall not be entitled to any interests if Service is redeemed before the interest calculation begins.
f. For more details on interest rate settings, calculations, distribution, and redemption of Principal, please refer to [insert zendesk link].
4.6 HISTORICAL RETURNS ARE NOT INDICATIVE OF FUTURE RETURNS. Blofin does not guarantee that you will receive repayment of the Principal or the interests as shown on the Platform at the time you subscribe. Any representation concerning possible return at the time you subscribe is an indicative estimation ONLY and not guaranteed in any way.
4.7 Blofin may charge a Service Fee for processing subscription and redemption, and such Service Fee may be published on the Platform, and may be modified by Blofin at any time and from time to time.
4.9 You will be able to view your account history on the Platform. You must review your account history carefully and let us know if you see any entries or transactions that you do not recognize or you think are incorrect as soon as possible. Blofin may rectify any error in your account history at any time, and reserve the right to void or reverse any transaction:
a. involving or deriving from a manifest error (that is, any error, omission, or misquote (whether an error of Blofin or any third party) which is manifest or palpable, including a misquote by any representative of Blofin taking into account the current market and currently advertised quotes, or any error of any information, source, official, official result or pronunciation); or
b. to reflect what we reasonably consider to be the correct or fair particulars of the transaction.
5. Suspension or cancelling your subscription of the Service
a. You do not provide additional information to verify your identity or source of funds as may be requested by Blofin from time to time;
b. Blofin is required to do so by court order, to comply with any Applicable Laws and Regulations (including anti-money laundering or sanctions laws);
c. Blofin is required to do so to comply with any direction or instruction from a government body or agency;
d. Blofin reasonably determines that any information you have provided to Blofin is wrong, untruthful, outdated or incomplete; or
e. You do not provide additional information that we request for our reasonable satisfaction or in a timely manner.
6.1 You agree and accept that the User’s estimated returns displayed on Blofin website is an estimation but not a guaranteed or promised actual yield. The actual returns may not meet or may be lower than the estimated yield. Your final returns will be based on your actual yield. Blofin does not promise or guarantee your estimated returns or actual returns you will receive.
6.2 You agree and accept that when you redeem your assets, the time it takes for the digital assets to arrive at your account may vary and the arrival time displayed on the website is final. Blofin shall not be liable for any losses caused by any difference in the arrival time of digital assets redemption.
6.3 You agree and accept that Blofin reserves the right to amend the content of this Agreement anytime in its absolute sole discretion. Blofin shall not be liable to any losses due to your misunderstanding of this Agreement, or your delay of reading the amendments to this Agreement.
6.4 You agree and accept that if the Platform cannot function properly or the Service is interrupted due to the following conditions, such that you are unable to use the Services or cannot make commands or perform related trading operations, including but not limited to failure, delay, interruption, no system response, delayed system response or any other abnormal circumstances, Blofin shall not be liable for any direct or indirect losses or damages. These circumstances include but limited to:
A. Service suspension for maintenance as announced by Blofin;
B. System failure to transmit data;
C. Force majeure or accidents, such as typhoon, earthquake, tsunami, flooding, plague, power outage, war, turmoil, government actions, terrorist attacks, etc., that lead to the suspension of the Platform or the Service;
D. Service interruption or delay due to hacking, computer virus, technical adjustment or failure, website upgrade, banking issues, temporary closure due to government regulations, etc.;
E. Service interruption or delay caused by the computer system being damaged, defective or unable to perform normally;
F. Losses due to technical issues that can not be predicted or solved by existing technical solutions in the industry;
G. Losses to you or other third parties due to the fault or delay of the third party;
H. Losses to you or other third parties due to changes in any Applicable Laws and Regulations, or government, regulatory or law enforcement orders;
I. Losses to you or other third parties due to force majeure or accidents caused by other unforeseeable, unavoidable and unsolvable objective circumstances.
You agree and accept that the above reasons may lead to abnormal transactions, abnormal market and price fluctuations, market interruptions and other possible abnormal circumstances, Blofin reserves the right to refuse to execute your commands based on the actual circumstances. You understand and agree that Blofin shall not be liable to any of your losses (including but not limited to direct or indirect losses, actual losses or loss of possible yield, etc.).
6.5 You agree and accept that Blofin shall not be liable for any losses caused by the risks described in Section 3 of this Agreement (including but not limited to any direct or indirect losses, actual losses or possible loss of profits).
7. Technology disclaimers
7.1 Blofin may, from time to time, suspend access to your Accounts, the Platform, the Service and/or any other Blofin services, for both scheduled and emergency maintenance. Blofin will make reasonable efforts to ensure that transactions on the Platform are processed in a timely manner, but Blofin makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.
7.2 Although Blofin makes reasonable efforts to update the information on the Platform, Blofin makes no representations, warranties, or guarantees, whether express or implied, that the content on the Platform, including information in relation to the Services and any other Blofin services, is accurate, complete, or up to date.
7.3 You are responsible for obtaining the data network access necessary to use the Services or any other Blofin services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service, any Blofin services, the Platform, and any updates thereto. Blofin does not guarantee that any of the Blofin services, or any portion thereof, will function on any particular hardware or devices. Blofin services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
8. Mandatory Measures
A. Market manipulation, price manipulation, insider dealing, market distortion, or any other malicious wrongdoings or behaviours;
B. Harming other Users or Blofin using the loopholes of the Service or other unreasonable means;
C. Participation in any activities that Blofin regards as harmful to the market;
D. Violation of laws or regulations.
In order to eliminate any adverse effects on the overall market, Blofin reserves the right to take the following measures in its absolute sole discretion, including, but not limited to, the termination of your Account, restricting or cancelling your commands, clawback on any transactions already done, and termination of the Service to you. You understand and agree that Blofin shall not be liable for any losses (including but not limited to any direct or indirect losses, actual losses or losses of possible profits) incurred by you in connection with the above measures.
9.1 You shall take every possible measure to protect Blofin from any damages arising out of your use of the Service or other actions related to your Blofin Account, otherwise you will be deemed liable to Blofin.
9.2 You hereby agree to defend, indemnify and hold Blofin harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party against Blofin due to or arising out of your breach of this Agreement, your improper use of the Service, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Blofin Account or access our website, software, system (including any network and servers used to provide any of the Service) operated by us or on our behalf, or any of the Services on your behalf.
10.1 The contents of this Agreement also include Blofin's various system specifications, other agreements or rules in the connection with this Agreement, and other relevant agreements and rules regarding the Service that Blofin may issue from time to time. Once the aforementioned content is officially released, it shall become an integral part of this Agreement and the corresponding Legal Documents, and you shall also abide by it. In the event of any conflict between the aforementioned content and this Agreement, this Agreement shall prevail.
10.2 Blofin reserves the right to unilaterally modify this Agreement (including the aforementioned contents) if necessary. Such modification may happen at any time without prior notice. If any changes are made, the revised contents may be posted on the Blofin's website or other application of the Platform. Please regularly check the latest information posted therein to inform yourself of any changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes. If you do not accept the revised content, please stop using the Services.
10.3 You shall carefully read this Agreement and applicable Legal Documents. If there is anything that you do not understand in the Agreement and/or any document referred to herein, you should contact Blofin and seek clarification. Unless otherwise instructed by Blofin, any formal communication and document transfer between you and Blofin shall be undertaken through email. You may also be able to contact Blofin though online customer service portal as a form of informal communication. Any formal communication between you and Blofin should, unless otherwise agreed, be made in the English language. In the event of any discrepancy between the communication in English and that in a foreign language, the English version shall prevail. In the event of any discrepancy between any formal and/or informal communications and the Agreement, the Agreement shall prevail.
Please address emails to “Blofin” at the following email: email@example.com
10.4 If any provision of this Agreement is held by a judicial body with competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way. However, if any provisions of this Agreement shall be invalid, illegal or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be invalid, illegal or unenforceable only to the extent of such invalidity, illegality or limitation on enforceability without affecting the remaining provisions of these Terms, or the validity, legality or enforceability of such provision in any other jurisdiction.
10.5 This Agreement is construed with, and governed by, the laws of England and Wales. Should any dispute arise between the parties, the parties shall negotiate bona fide privately through customer service channel identified under Clause 11.3, above. If the parties do not come to common understanding or settlement after going through bona fide negotiation, the parties hereby submit to the exclusive jurisdiction of the Chartered Institute of Arbitrators for Arbitration according to the then-current Arbitration Rules of the Chartered Institute of Arbitrators. The seat of arbitration shall be in England, the number of arbitrators shall be one, and the arbitration language shall be English. Arbitral Award shall be final and binding onto the parties.
10.6 No failure or delay by Blofin in exercising any right, power or remedy it is entitled to under this Agreement or by stipulation of law or regulation shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of such rights, power or remedies.
10.7 You shall not transfer, novate or assign these Terms, and the rights and obligations hereunder, in whole or in part, without the prior written consent of Blofin. Blofin has the right to transfer, novate or assign any rights or obligations under this Agreement by serving notice on you, which takes effect upon the delivery of such notice.
10.8 The headings of all this Agreement are for reading convenience only and have no actual meaning and shall not be used as a basis for interpretation of the meaning of these Terms.
10.9 If there is a discrepancy between the English version of these Terms and the translation of other languages version, the English version of these Terms shall prevail.
10.10 Blofin has the sole and final discretion of interpretation of this Agreement.