TERMS OF USE
Last revised: 30 May 2023
These Fastex Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and Fastex operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any Fastex Services (as defined below) provided by Fastex (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy at www.fastex.com/en/privacy-policy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of Fastex Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.
By making use of fastex services, you acknowledge and agree that:
(1) you are aware of the risks associated with transactions of digital currencies and their derivatives;
(2) you shall assume all risks related to the use of fastex services and transactions of digital currencies and their derivatives;
(3) fastex shall not be liable for any such risks or adverse outcomes.
By accessing, using or attempting to use Fastex Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Fastex or utilize Fastex services.
For more information about the risks associated with trading or investing in Digital Assets, you may access our General Risk Disclosure at www.fastex.com/en/risk-disclosure.
I. Definitions
1. Fastex refers to an ecosystem comprising Fastex websites (whose domain names include but are not limited to https://www.fastex.com/en), mobile applications, clients, applets and other applications that are developed to offer Fastex Services, and includes independently-operated platforms, websites and clients within the ecosystem (e.g. ftNFT, First Ticket, Fastex Pay, Fastchain, Fastverse and fiat gateways). In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
2. Fastex Operators refer to all parties that run Fastex, including but not limited to legal persons (including FastEX Europe UAB), unincorporated organizations and teams that provide Fastex Services and are responsible for such services. For convenience, unless otherwise stated, references to “Fastex” and “we” in these Terms specifically mean Fastex Operators. Under these terms, fastex operators may change as fastex’s business adjusts, in which case, the changed operators shall perform their obligations under these terms with you and provide services to you, and such change does not affect your rights and interests under these terms. additionally, the scope of fastex operators may be expanded due to the provision of new fastex services, in which case, if you continue to use fastex services, it is deemed that you have agreed to jointly execute these terms with the newly added fastex operators. in case of a dispute, you shall determine the entities by which these terms are performed with you and the counterparties of the dispute, depending on the specific services you use and the particular actions that affect your rights or interests.
3. Fastex Services refer to various services provided to you by Fastex that are based on Internet and/or blockchain technologies and offered via Fastex websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Fastex Services include but are not limited to such Fastex ecosystem components as Digital Asset Trading Platforms and novel services to be provided by Fastex.
4. Fastex Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Fastex, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
5. Users refer to all individuals, institutions or organizations that access, download or use Fastex or Fastex Services and who meet the criteria and conditions stipulated by Fastex. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
8. Fastex Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by Fastex for Users to record on Fastex their usage of Fastex Services, transactions, asset changes and basic information. Fastex Accounts serve as the basis for Users to enjoy and exercise their rights on Fastex.
9. Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
10. Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
11. KYC refers to the “know-your-customer” process that Fastex has put in place before entering into a business relationship or conducting transactions with its Users. As part of this process, Fastex may do anything that it deems necessary in order to identify Users, verify their identity, scrutinize and investigate User transactions, or comply with any applicable law or regulation, including demanding additional documents and/or information during the KYC.
II. General Provisions
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and Fastex Operators.
b. Supplementary Terms
Due to the rapid development of Digital Currencies and Fastex, these Terms between you and Fastex Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, the privacy policy, fastex platform rules, and all other agreements entered into separately between you and fastex are deemed supplementary terms that are an integral part of these terms and shall have the same legal effect. Your use of fastex services is deemed your acceptance of the above supplementary terms.
c. Changes to These Terms
Fastex reserves the right to change or modify these Terms in its discretion at any time. Fastex will notify such changes by updating the terms on its website and modifying the date displayed on this page. Any and all modifications or changes to these terms will become effective upon publication on the website or release to users. Therefore, your continued use of fastex services is deemed your acceptance of the modified agreement and rules. If you do not agree to any changes to these terms, you must stop using fastex services immediately. You are recommended to frequently review these terms to ensure your understanding of the terms and conditions that apply to your access to and use of fastex services.
d. Prohibition of Use
By accessing and using fastex services, you represent and warrant that you have not been included in any trade embargoes or economic sanctions list (such as the united nations security council sanctions list), the list of specially designated nationals maintained by ofac (the office of foreign assets control of the u.s. department of the treasury), or the denied persons or entity list of the u.s. department of commerce. Fastex reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of Fastex services in certain countries or regions.
2. About Fastex
As an important part of the Fastex Ecosystem, Fastex mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with Fastex, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although Fastex has been committed to maintaining the accuracy of the information provided through Fastex Services, Fastex cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Fastex be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Fastex Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Fastex does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Fastex or any other communication medium. All Users of Fastex Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. Fastex Account Registration and Requirements
a. Registration
All Users must apply for a Fastex Account at (https://exchange.fastex.com/registration) before using Fastex Services. When you register a Fastex Account, you must provide the information identified in this paragraph 3 or otherwise as requested by Fastex, and accept these Terms, the Privacy Policy, and other Fastex Platform Rules. Fastex may refuse, in its discretion, to open a Fastex Account for you. You agree to provide complete and accurate information when opening a Fastex Account, and agree to timely update any information you provide to Fastex to maintain the integrity and accuracy of the information. Each User (including natural person, business or legal entity) may maintain only one main account at any given time. However, Users can open one or more subaccounts under the main account with the consent of Fastex. For certain Fastex Services, you may be required to set up a specific account independent from your Fastex Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this Section and Section VI, unless otherwise stated in these Terms or the Supplementary Terms.
b. Eligibility
By registering to use a Fastex Account, you represent and warrant that
(i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws;
(ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms;
(iii) you have not been previously suspended or removed from using Fastex Services;
(iv) you do not currently have a Fastex Account;
(v) you are neither a United States user, a Malaysia user, a Singapore-based user, or an Ontario (Canada)-based user; nor are you acting on behalf of a United States user, a Malaysia user, a Singapore-based user, or an Ontario (Canada)-based user. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity;
(vi) your use of Fastex Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. Fastex reserves the right to change, modify or impose additional restrictions at its discretion at any time.
c. User Identity Verification
Your registration of an account with Fastex will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Fastex, or for other lawful purposes stated by Fastex. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate. After registration, you must ensure that the information is true, complete, and timely updated when changed. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated, or incomplete, fastex reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of fastex services we provide for you. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to fastex during your use of fastex services. You hereby acknowledge and agree that you have the obligation to update all the information if there is any change. By registering an account, you hereby authorize Fastex to conduct investigations that Fastex considers necessary, either directly or through a third party, to verify your identity or protect you, other users and/or fastex from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. You also acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.
d. Account Usage Requirements
The Fastex Account can only be used by the account registrant. Fastex reserves the right to suspend, freeze or cancel the use of Fastex Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Fastex immediately. Fastex assumes no liability for any loss or damage arising from the use of Fastex Account by you or any third party with or without your authorization.
e. Account Security
Fastex has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Fastex Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Fastex Account and personal information.
You should be solely responsible for keeping safe of your Fastex Account and password, and be responsible for all the transactions under your Fastex Account. Fastex assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a Fastex Account, you hereby agree that:
i. you will notify Fastex immediately if you are aware of any unauthorized use of your Fastex Account and password or any other violation of security rules;
ii. you will strictly abide by all mechanisms or procedures of Fastex regarding security, authentication, trading, charging, and withdrawal; and
iii. you will take appropriate steps to logout from Fastex at the end of each visit.
III. Fastex Services
Upon completion of the registration and identity verification for your Fastex Account, you may use various Fastex Services, including but not limited to, Hot Wallet, Pro Platform, Core Platform etc., in accordance with the provisions of these Terms (including Fastex Platform Rules and other individual agreements). Fastex has the right to:
1. Provide, modify or terminate, in its discretion, any Fastex Services based on its development plan; and
2. Allow or prohibit some Users’ use of any Fastex Services in accordance with relevant Fastex Platform Rules.
1. Service Usage Guidelines
a. License
Provided that you constantly comply with the express terms and conditions stated in these Terms, Fastex grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Fastex Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Fastex Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Fastex Services should be stipulated in the discretion of Fastex. Fastex reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Fastex Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use Fastex Services. Therefore, you hereby agree that when you use Fastex Services, Fastex does not transfer Fastex Services or the ownership or intellectual property rights of any Fastex intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Fastex Services, are exclusively owned, controlled and/or licensed by Fastex Operators or its members, parent companies, licensors or affiliates.
Fastex owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Fastex or Fastex Services that you provide through email, Fastex Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Fastex. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
b. Restriction
When you use Fastex Services, you agree and undertake to comply with the following provisions:
i. During the use of Fastex Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Fastex;
ii. Your use of Fastex Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Fastex Services;
iii. You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
iv. Without written consent from Fastex, the following commercial uses of Fastex data are prohibited:
1) Trading services that make use of Fastex quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of Fastex.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Fastex.
v. Without prior written consent from Fastex, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
vi. You may not
(i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Fastex Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Fastex Services;
(ii) attempt to access any part or function of the properties without authorization, or connect to Fastex Services or any Fastex servers or any other systems or networks of any Fastex Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Fastex Services or any network connected to the properties, or violate any security or authentication measures on Fastex Services or any network connected to Fastex Services;
(iv) reverse look-up, track or seek to track any information of any other Users or visitors of Fastex Services;
(v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Fastex Services or Fastex, or the infrastructure of any systems or networks connected to Fastex services;
(vi) use any devices, software or routine programs to interfere with the normal operation of Fastex Services or any transactions on Fastex Services, or any other person’s use of Fastex Services;
(vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Fastex, or
(viii) use Fastex Services in an illegal way.
By accessing Fastex Services, you agree that Fastex has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
1. Blocking and closing order requests;
2. Freezing your account;
3. Reporting the incident to the authorities;
4. Publishing the alleged violations and actions that have been taken;
5. Deleting any information you published that are found to be violations.
2. Fastex Services. The following services (the “Fastex Services”) are provided to you by FastEX Europe UAB, Lithuania incorporated limited liability company with company number 306161650 and whose registered office is Mėsinių g.5, Vilnius, Lithuania:
• An intuitive interface with real-time order books, charting tools, trade history, and a simple order process (the “Pro Platform”);
• A product that, in addition to the Hot Wallet, allows you to buy and sell digital assets (the “Core Platform”).
• A product enabling you to transfer digital assets into and digital assets out of your Hot Wallet (the “Hot Wallet”);
c. Cancellation
For Orders initiated through Fastex Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel Fastex’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. Fastex reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, Fastex may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to Fastex are deducted as stated in paragraph (c) below).
Cancellation and Refunds
I. For Orders initiated through Fastex Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel Fastex’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. Fastex reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, Fastex may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to Fastex are deducted as stated in paragraph (c) below).
II. Your account will be credited or debited when you deposit, withdraw, or swap Digital Assets on our platform. There are no refunds or cancellations of Digital Asset exchange orders after they have been fulfilled. In the event of a platform technical error, the Company may, however, cancel an order. All purchases are final, and no refunds will be issued under any circumstances, including but not limited to: dissatisfaction with the product or service, change of mind, technical difficulties or compatibility issues, errors in the product description or pricing.
Please note that we do not provide refunds for any of our products or services.
c. Account deletion/deactivation
You may request the deletion/deactivation of your account at any time. The system and/or our team members will audit your request as well as the total amount of assets in your account. We reserve the right to ask you to submit some documents, the examination of which will determine the time allocated for the review of your request.
BE AWARE: The deletion of your account is irreversible. You will not be able to undo this after the request is confirmed and the account is deleted. Please, also note that:
1) You will not be able to log in into your account,
2) All your transaction history will not be migrated to any other account,
3) All of your open orders will be terminated and will not be visible in any other account,
4) Your security items and verified ID information will be automatically removed.
Please, DO NOT deposit any amounts into the deleted account as you may lose the newly deposited assets and it would not be possible to have it retrieved.
d. Fees
You agree to pay Fastex the fees specified in https://www.fastex.com/fees . Fastex may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Fastex to deduct from your account any applicable fees that you owe under these Terms.
1. Payment Service Providers.
We may, at our discretion, use a third-party payment services provider to process deposit and withdrawal requests in fiat currencies. Upon making a deposit or withdrawal request for fiat currency, you may be directed away from Fastex or Fastex Services to a third-party website. In such case, you are solely responsible for any actions taken on such website and we shall not be liable for any loss resulting in whole or in part from such website or provider.
e. Prohibition of duplicate and linked accounts
Duplication of Accounts: Each user may only create and hold one (1) account with Fastex. The creation of multiple accounts by a single user is strictly prohibited and constitutes a violation of these Terms of Use. This restriction is to ensure fairness and transparency in our platform operations and prevent exploitation of our system's features.
Linked Accounts: Users are also prohibited from creating "linked" accounts, wherein they control multiple accounts either directly or indirectly. A user is considered to be controlling an account indirectly if they have the ability to influence the actions or decisions of another account holder, whether this influence is exerted through financial, personal, or any other means.
Account Verification: Fastex reserves the right to request additional information from users at any time to confirm their identity, compliance with this policy, and any other aspect of these Terms of Use. This may include, but is not limited to, photo identification, proof of residence, and proof of financial status.
Actions in Case of Violation: If Fastex, in its sole discretion, determines that a user has created multiple or linked accounts, Fastex may take one or more of the following actions:
i. Immediate suspension or termination of the user's accounts without notice;
ii. Reporting the user to relevant authorities, as deemed appropriate by Fastex; and
iii. Any other action deemed appropriate by Fastex in its sole discretion, including but not limited to legal action.
IV. Liabilities
1. Disclaimer of Warranties
To the maximum extent permitted under applicable law, fastex services, fastex materials and any product, service or other item provided by or on behalf of fastex are offered on an “as is” and “as available” basis, and fastex expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. without limiting the foregoing, fastex does not represent or warrant that the site, fastex services or fastex materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Fastex does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements, agreements and rules set forth in these terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of Fastex services. Without limiting the foregoing, you hereby understand and agree that Fastex will not be liable for any losses or damages arising out of or relating to:
(a) any inaccuracy, defect or omission of digital assets price data,
(b) any error or delay in the transmission of such data,
(c) interruption in any such data,
(d) regular or unscheduled maintenance carried out by fastex and service interruption and change resulting from such maintenance,
(e) any damages incurred by other users’ actions, omissions or violation of these terms,
(f) any damage caused by illegal actions of other third parties or actions without authorized by fastex; and
(g) other exemptions mentioned in disclaimers and platform rules issued by fastex.
the disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which you reside.
2. Disclaimer of Damages and Limitation of Liability
To the maximum extent permitted by applicable law, in no event will fastex, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of Fastex services, any performance or non-performance of Fastex services, or any other product, service or other item provided by or on behalf of Fastex and its affiliates, whether under contract, statute, strict liability or other theory even if Fastex has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of Fastex’s gross negligence, fraud, willful misconduct or intentional violation of law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
notwithstanding the foregoing, in no event will the liability of Fastex, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of services offered by or on behalf of fastex and its affiliates, any performance or non-performance of fastex services, or any other product, service or other item, whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to fastex under these terms in the twelve-month period immediately preceding the event giving rise to the claim for liability.
3. Indemnification
You agree to indemnify and hold harmless Fastex Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Fastex Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Fastex Services. If you are obligated to indemnify Fastex Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Fastex will have the right, in its sole discretion, to control any action or proceeding and to determine whether Fastex wishes to settle, and if so, on what terms.
V. Announcements
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on www.fastex.com/en/support/announcement . USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. FASTEX WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
VI.Termination of Agreement
1. Suspension of Fastex Accounts
You agree that Fastex shall have the right to immediately suspend your Fastex Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to Fastex for any reason including if Fastex suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Fastex shall not be liable to you for any permanent or temporary modification of your Fastex Account, or suspension or termination of your access to all or any portion of Fastex Services. Fastex shall reserve the right to keep and use the transaction data or other information related to such Fastex Accounts. The above account controls may also be applied in the following cases:
1. The Fastex Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
2. We detect unusual activities in the Fastex Account;
3. We detect unauthorized access to the Fastex Account;
4. We are required to do so by a court order or command by a regulatory/government authority.
2. Cancellation of Fastex Accounts
In case of any of the following events, Fastex shall have the right to directly terminate these Terms by cancelling your Fastex Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Fastex Account on Fastex and withdraw the corresponding Fastex Account thereof:
1. after Fastex terminates services to you;
2. you allegedly register or register in any other person’s name as a Fastex User again, directly or indirectly;
3. the information that you have provided is untruthful, inaccurate, outdated or incomplete;
4. when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Fastex Account or by other means;
5. you request that Fastex Services be terminated; and
6. any other circumstances where Fastex deems it should terminate Fastex Services.
Should your Fastex Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Fastex shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If Fastex is informed that any Digital Assets or funds held in your Fastex Account are stolen or otherwise are not lawfully possessed by you, Fastex may, but has no obligation to, place an administrative hold on the affected funds and your Fastex Account. If Fastex does lay down an administrative hold on some or all of your funds or Fastex Account, Fastex may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Fastex has been provided to Fastex in a form acceptable to Fastex. Fastex will not involve itself in any such dispute or the resolution of the dispute. You agree that Fastex will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
3. Remaining Funds After Fastex Account Termination
Except as set forth in paragraph 4 below, once a Fastex Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Fastex) will be payable immediately to Fastex. Upon payment of all outstanding charges to Fastex (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
4. Remaining Funds After Fastex Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
Fastex maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Fastex Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
5. Dormant Accounts
Notwithstanding any provision of this Section VI, Fastex may provide a written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your Fastex Account within 30 days of the notice. In the event that you fail to do so, Fastex may in its absolute discretion and without prior notice to you:
(a) deem your Fastex account as a dormant account;
(b) close any open positions in any Fastex products;
(c) convert the Digital Assets to a different type of Digital Asset (e.g., from BTC to BUSD). For the avoidance of doubt, none of the Fastex Operators shall be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion;
(d) transfer such dormant account (including any Digital Assets contained therein) to an affiliate of the Fastex Operators, any third-party custodian or an isolated wallet where it is deemed reasonably necessary by Fastex to do so. In the event that such transfer has taken place, you have the right to retrieve your digital assets from subject to satisfying Fastex’s verification requirements, including completing KYC;
(e) charge a dormant account fee to cover the cost of maintaining the assets by the Fastex Operators, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis; and
(f) close a dormant account at any time, and Fastex will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by Fastex. Any assets in these dormant accounts will be transferred in accordance to paragraph 5(d) above. After a dormant account is closed, it cannot be reactivated by you (i.e. you will need to register a new Fastex account if you wish to continue to use Fastex Services).
VII. No Financial Advice
Fastex is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Fastex Services. No communication or information provided to you by Fastex is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Fastex does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Fastex will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Fastex.
VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of Fastex Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of fastex services acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities; users agree that fastex will require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds. Fastex maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
IX. Privacy Policy
Access to Fastex Services will require the submission of certain personally identifiable information. Please review Fastex’s Privacy Policy at https://www.fastex.com/privacy-policy for a summary of Fastex’s guidelines regarding the collection and use of personally identifiable information.
X. Resolving Disputes: Forum, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period. Please contact Fastex first! Fastex wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Fastex, then you should contact Fastex and a ticket number will be assigned. Fastex will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Fastex, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Fastex. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Fastex account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Fastex. After you have provided the Notice of Claim to Fastex, the dispute referenced in the Notice of Claim may be submitted by either Fastex or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Fastex for resolution internally and the delivery of a Notice of Claim to Fastex are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Fastex shall not be disclosed to the arbitrator.
2. Agreement to Arbitrate and Governing Law. You and Fastex Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and Fastex (and/or Fastex Operators) arising in connection with or relating in any way to these Terms or to your relationship with Fastex (and/or Fastex Operators) as a user of Fastex Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and Fastex Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms.
Arbitration Rules. The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC. Rules) in force when the Notice of Arbitration is submitted, as modified by this Section X. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Judgment on any arbitral award may be given in any court having jurisdiction over the party (or over the assets of the party) against whom such an award is rendered. Time for filing: any arbitration against fastex operators must be commenced by filing a request for arbitration within one (1) year, after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. This one year limitation period is inclusive of the internal dispute resolution procedure set forth in paragraph 1 of this section, above. There shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the HKIAC in accordance with the HKIAC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Fastex is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Hong Kong. Place of Hearing: The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Hong Kong. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and Fastex agree that any claims relating to these Terms or to your relationship with Fastex as a user of Fastex Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Fastex further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Fastex.
4. Modifications. Fastex reserves the right to update, modify, revise, suspend, or make any future changes to Section X regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your Fastex account shall be deemed to be your acceptance of any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section X, Fastex may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.
5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
XI. Miscellaneous
1. Independent Parties. Fastex is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Fastex Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. Fastex reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Fastex websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Fastex Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Fastex will not be responsible for any modification or termination of Fastex Services by you or any third party, or suspension or termination of your access to Fastex Services.
4. Force Majeure. Fastex will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Fastex’s reasonable control.
5. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
6. Assignment. You may not assign or transfer any right to use Fastex Services or any of your rights or obligations under these Terms without prior written consent from Fastex, including any right or obligation related to the enforcement of laws or the change of control. Fastex may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
8. Third-Party Website Disclaimer. Any links to third-party websites from Fastex Services does not imply endorsement by Fastex of any product, service, information or disclaimer presented therein, nor does Fastex guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Fastex will not be liable for such loss. In addition, since Fastex has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
9. Contact Information. For more information on Fastex, you may refer to the company and license information found on Fastex websites. If you have questions regarding these Terms, please feel free to contact Fastex for clarification via our Customer Support team at www.fastex.com/contact-us.