Aivora ("Aivora" or "We") is the provider of the "Platform" (defined below) and the "Services" (defined below). This Terms of Use (Terms) constitutes a legally binding agreement between Aivora and you ("You" or "User") and regulates your access to and use of the Platform.
Any additional terms and documents (including, but not limited to, rate standards, risk disclosure and privacy policies, and any applicable product terms), conditions, restrictions, disclaimers, and obligations are incorporated in this clause by reference.
You should read this Terms carefully. Access to the Platform and / or use of the Services shall be deemed to have read and irrevocably agreed to this clause and Aivora is subject to amend and / or supplement thereto this Term without notice.
risk warning
Digital assets (as defined below) transactions involve significant risks and may not be suitable for all investors. The value of digital assets can fluctuate substantially any day and can be influenced by external factors such as financial or political events. Price fluctuations and unpredictability can lead to significant losses, including a possible loss of all investment in a short time. It is your responsibility to consider your suitability to buy, sell or hold digital assets based on your financial situation.
Digital asset activities conducted in some jurisdictions may not be regulated or subject to limited regulation. Any regulatory change or action by any relevant authority unrelated to the Aivora may adversely affect the use, transfer, exchange, and value of digital assets. The user's national government may make it illegal for users to trade in digital assets.
Please read our Risk Disclosure for more information about the risks associated with accessing the platform and / or the use of the service. However, the document does not explain all the risks that may arise, or their relationship to your own situation. Before accessing the platform and / or using the service, you should fully understand the risks involved.
Aivora There is no fiduciary relationship or obligation for any transaction (as defined below) or other activities that you make during the use of the Services. We are not your broker, broker, agent or consultant, we do not provide any form of financial, investment or advisory advice, any communication or information we provide to you is not or should not be regarded as advice of any kind.
You need to know that the risk of using the service is borne by you, and you will independently review and evaluate whether the service is suitable for you according to your specific investment objectives, financial position, risk tolerance, investment experience, knowledge and needs. You shall be liable for any loss or debt. We do not recommend buying, earning, selling, or holding any digital assets. Do your own due diligence before purchasing, selling, or holding any digital assets, and consult with your financial, tax, and other advisers, if necessary. Aivora Take reasonable measures to ensure the accuracy of the website information. We are not responsible for any loss in your purchase, sale, or holding of digital assets, including but not limited to any loss directly or indirectly caused by the use or reliance on such information provided by us.
1. Definition
In this clause, the following words and expressions shall have the following meanings:
"Account" means any account or subaccount that Aivora maintains for you.
"Account Certificate" means your account information, user name, password, personal identity number, API key, API secret key or any other code or form of authentication that you use to access your account or service or send instructions.
"Account History" means written records of your transactions and your account, including electronic records.
"Affiliate" means an individual, entity or company that directly or indirectly controls another person, entity or company, or directly or indirectly accepts the control of another person, entity or company, or jointly with another person, entity or company under the direct or indirect control of a third party.
"Airdrop" means that the digital asset network distributes or attempts to distribute any digital asset to the digital asset address of the supporting network.
"API" means the application interface provided by Aivora, its affiliates or third party applications dependent on the API.
"Applicable Law" means all relevant or applicable regulations, laws, equity principles, rules, rules, regulatory principles and requirements, notices, orders, wits, injunctions, judgments, local regulations, rulings, instructions, announcements, notices, mandatory codes of conduct, guidelines, practice instructions and interpretations issued by any government or regulatory authority applicable to the provision, receipt or use of Services, or related to the Services, this Article or other applicable terms and conditions.
"Authorized Person" means any person identified by you and notified to us and authorized to act on behalf of the user for any company account.
"Available Digital Assets" refers to the digital assets provided on the platform, which may change from time to time.
"Aivora Intellectual Property" means all intellectual property owned by, or licensed by, to Aivora.
"Company Account" means an account maintained for Aivora providing services for a certain company, entity or other organization.
"Digital assets" means a digital representation of value or rights that can be electronically transferred and stored, using distributed ledger technology or similar technology, including, but not limited to, tokenized derivatives of cryptocurrencies, stablecoins, non-homogenized tokens, and any other digital assets. Digital assets do not include fiat currency (as defined below).
"Dominant digital assets" are those at the discretion of the Aivora, being dominant relative to one or more other versions of the digital assets produced by the relevant fork.
"Fiat currency" means a national or supranational currency issued by any government or central bank that is not a digital asset, or other monetary debt denominated in such currency.
"Fork" means any planned, unplanned, sudden, predetermined, expected, unexpected, open, unknown, mutually agreed and / or controversial changes that create one or more versions associated with an existing digital asset.
"Unfair intent" means that Aivora reasonably determines that you may have suspected or actual market manipulation or / or market abuse, including, but not limited to, profit under differences between the executable price and the current market price, or unjust enrichment by using the way Aivora provides the price.
"Order" means any instruction, request or order issued to Aivora by you or an authorized person through the medium, form and manner which Aivora requires or may perform any transaction.
"Intellectual Property" means: (i) registered and unregistered rights of copyright, patents, databases, and trademarks, designs, proprietary technology and confidential information; (ii) the right to apply for and apply for registration of any such rights; (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
A "network event" related to a digital asset is any event (except airdrop or fork) where the digital asset is located, which is beyond our control and causes (a) Aivora or third parties to lose control or ownership of the virtual asset, or (b) transactions on the blockchain are altered, reversed, or otherwise invalid, whether through fraud or consensus, including, but not limitation, any double attack, 51% attack or blockchain restructuring, each of which is determined by the Aivora in good faith.
"Platform" means a digital platform that Aivora or its affiliates may provide to you through the website, mobile applications, API, or any other means specified by Aivora or its affiliates from time to time.
Product terms means the specific product terms and conditions applicable to the use of the Services.
"Prohibited countries / regions" means the following countries / regions and other sites designated by Aivora from time to time, Including Canada (Alberta), Crimea, Donetsk, Luhansk, Cuba, Hong Kong, Iran, North Korea, Singapore, Sudan, Syria, the United States (including the following US territories: Puerto Rico, Guam, US Virgin Islands, American Samoa and Northern Mariana Islands: Baker Island, Howland Island, Jayvis Island, Johnston Atoll, Kingman Atoll, Kingman Atoll, Midway Island, Navasar, Palmyra Atoll and Wake Island), Iraq, Libya, Libya, Yemen, Afghanistan, Central African Republic, Democratic Republic of Congo, Guinea-Bissau, Haiti, Lebanon, Somalia, The Netherlands and South Sudan.
"Restricted Persons" means a list of foreign officials included in any trade embargo or economic sanctions, terrorism or corruption (e. g., United Nations Security Council sanctions list, a list issued by government agencies, including those maintained by the Office of the Treasury (OFAC), rejected persons of Commerce, or entities issued by the United Kingdom, EU, Canada), or persons located in a prohibited country, or citizens of a prohibited country or resident.
"Risk disclosure" means a risk disclosure statement published by Aivora on its website.
"Services" are the services that the Aivora provides to you through the platform.
"Transaction" means the sale, purchase or settlement, or agreement to sell, purchase or settlement involving digital assets, derivatives, other assets or products that Aivora may from time to time allow on the Platform and any other transfer of digital assets into or out of your account.
"American" means any natural person who is a citizen or resident of the United States, or any entity registered, incorporated or operated in the United States, or any entity whose any director, ultimate beneficial owner or authorized person is a citizen or resident of the United States.
"User Intellectual Property" means any intellectual property owned or authorized to you on the effective date of this clause and any other intellectual property owned or acquired or authorized by you after the effective date of this clause, excluding Aivora Intellectual Property.
"User-created Intellectual Property Rights" means any intellectual property rights that you create under this clause, including user materials, but excluding user intellectual property rights.
"User Materials" means the intellectual property rights in any comments, posts, information, data and comments that you or other users provide to the Aivora through the use of the Services or other means.
"Site" means any other site, web page, function or content located in www.Aivora.com and owned or operated by Aivora.
2. Qualification
Before using the service, you must register with the platform. To qualify to register for an account and use the service, you must:
2.1 An individual, company or other organization with all the power and ability to access and use the Services and to sign and comply with the obligations of this Article;
2.2 At least 18 years old (if you are an individual);
2.3 You must be duly authorized as its representative and bound by the entity by the signing of this clause (if you are an employee or agent of a legal entity and sign this clause on its behalf);
2.4 Not being suspended or disqualified from using the service;
2.5 No current account;
2.6 Failure to access the Service in a jurisdiction where the use of the Services or use of the Services is illegal;
2.7 No prohibited, restricted, unauthorized, or unqualified use of the Services (in whole or in part) in any form or in any manner because of this Article, legal or regulatory requirements; or
2.8 Not being classified as a restricted person.
3. Service
3.1 Once you open an account with Aivora, you may use the Services under this clause and the applicable Product Terms. You are aware and agree that some of the services may be provided by Aivora affiliates.
3.2 The platform provides you with the following services (the scope of service may be updated from time to time):
(I) the relevant information disclosed by the digital asset project, including the real-time quotation and transaction information;
(II) Digital asset trading services;
(iii) custom service;
(Iv) technical and management services to ensure the proper operation of the platform; and
(v) Other services publicly announced by the platform.
3.3 fiat currency services
(I) For the avoidance of doubt, Aivora does not conduct or provide any currency exchange service from one fiat currency to another.
(Iii) Aivora does not provide fiat services for fiat for cryptocurrency and / or cryptocurrency for fiat, but you can use the same service on Aivora. All fiat currency services provided (whether on Aivora or through redirection to third-party websites) are provided by a third-party provider (the "fiat currency Service Provider").
(Iiii) If you wish to use the Coat Service, you must agree to any terms and conditions, rules or policies provided by our Coat Service Provider and provide any information that may be necessary for the use of such services. In this regard, all fiat currency services are subject to the terms and conditions of our fiat currency service provider.
4. The expenses and taxes
4.1 You agree to pay all applicable fees relating to your use of the Services, as specified in the following rate standards or otherwise to you in any applicable Product Terms.
4.2 Any calculation of our service fees shall be final and binding on you. We will conduct our calculations in good faith based on the established methods of the services.
4.3 You authorize the Company to deduct all applicable fees, commissions, interest, charges and other amounts owed from your account under this clause or any Product terms, as described in the rate standard. If you owe us certain digital assets, but in the digital assets balance is insufficient, we may deduct from your other digital assets as repayment (in this case, we will follow the platform provides the current exchange rate or we from time to time determine reasonable other commercial exchange rate will hold your digital assets for the digital assets you owe). If you do not have sufficient digital assets in your account, you acknowledge that any amount due under this clause is immediately due and payable, and the amount and form (whether in digital assets or otherwise) are determined by us in a commercially reasonable manner.
4.4 We may adjust the fees or rate standards, including adding new fees and / or charges. If you do not want to accept this adjustment, you can cancel your account. Your continue to access or use the service will be treated as receiving the updated fee.
4.5 It is your responsibility to determine whether any taxes (or any) apply to what you have paid or received and to remit, declare and remit correct taxes to the relevant tax authorities. You agree that Aivora is not responsible for determining whether you use the Services and is not responsible for the settlement, filing or remittance of any taxes arising out of any transaction or use of the Services. You are aware that we may report to the tax authority on certain transactions on the platform and we may, at our discretion or as required by applicable law, provide you with additional documents or records required to calculate any tax obligations. We may also at our discretion withhold and deduct at source any tax provided by applicable law.
5. About your account
to open an account
5.1 In order to access the platform and use the service, you must register for an account. You can register an account of an individual user or an enterprise account of a company, entity, or other organization. All accounts are fully provided by us. Aivora Reserves the right to refuse any account application without any reason.
5.2 If you are an individual user, you can only use your account for yourself and not on behalf of any third party. If you are a company user, the authorized person can only use the account for your benefit and not on behalf of any third party. You may not provide direct market access to the platform to any other party, including through the use of subaccounts, unless the other party has completed identity authentication as we believe appropriate and has logged into the platform separately. Any other party certified shall be deemed to be the authorized person. You agree to take full responsibility for all activities in your account and for all risks and losses that may arise therefrom.
5.3 Before opening an account at Aivora, you need to follow our identity authentication procedures. We may also require you to provide us with certain information about yourself and, where relevant, to provide information about all authorized persons for you to access and use the Services. For the avoidance of doubt, if you are an individual user, you must not have more than one account. You agree:
(I) All the information you provide must be complete, accurate, and true. Once the information changes, you must update it in time.
(Iii) You authorize us to conduct investigations as we consider necessary to verify the identity of you and / or authorized persons or to protect you and / or us from fraud, money laundering, terrorist financing or other financial crimes and to take any action we consider necessary based on the results of the investigation.
(iii) When we make inquiries, you are aware and understand that personal data of you and any authorized person may be disclosed to institutions for identification, compliance data recording, credit reference, fraud prevention or financial crime, and that these institutions may make complete responses to our inquiries.
(Iv) We may also require you to comply with our enhanced due diligence procedures, submit more information about you, your business or your authorized person, provide more records or documentation, or interview with our representatives.
(v) We retain your personal data to enable you to continue to use our Services for the length of time required to meet the requirements of this Privacy Policy or applicable law, the compliance of the Money Laundering Act, or otherwise notify you of the time.
(Vi) You can view our Privacy Policy for more information about how we process your personal data.
Account maintenance
5.4 We may request your information at any time for any purpose of complying with any applicable law or identification requirements, or in connection with investigating money laundering, or terrorist financing, fraud or any other financial crime, or for any other justifiable reason. You agree to provide us with any such information that we require and allow us to keep all records of transaction information during the duration of your account for the intended purpose or for other periods specified by applicable law.
5.5 Depending on the information collected about you, your access to your account and the transaction restrictions applicable to your use of the Services may continuously change with you. If there is reason to suspect that any information you provide is false, untrue, outdated or incomplete, we may notify you asking you to correct or delete the relevant information, or take other measures that we consider necessary to ensure the authenticity and correctness of the information provided.
5.6 You must comply with any information requirements we send to you. If you refuse to provide the requested information or fail to promptly provide the information, we have the right to immediately suspend or terminate your access to the account or all or part of the services without notice.
5.7 You must ensure that any account registered in your name will not be used by anyone other than you, and if you are a company user, you are an authorized person.
Account information and transaction records
5.8 You can view the account history in your account. All records related to the account or services are for your reference only. Notwithstanding any provision to the contrary in this clause, if the information displayed on provided through the platform is inconsistent with the information in our records, our records shall prevail, unless obvious error exists.
5.9 It is responsible to check the account history for errors. If any errors or unauthorized entry or transactions occur, you must report to us within five natural days from the date of providing the account history to you.
5.10 We may at any time correct any errors in your account history and have the right to revoke, cancel or reverse any transaction involving or arising from an error, or to adjust relevant transactions to correct errors or reserve the right to act on reasonable grounds.
5.11 Under this clause or applicable law, we may need to share information about your account and account history with third parties and / or our affiliated parties. You are aware of and agree that we have the right to disclose such information.
Account security
5.12 It is your responsibility to take appropriate measures to protect your hardware and data from viruses, malware, and any inappropriate materials. Unless otherwise provided by applicable law, it is your responsibility to back up and maintain any copy of the information you store or transmit through our services. We shall not be liable for any claim or loss resulting from your failure to comply with this clause.
5.13 You and any authorized person shall always fully maintain the security and sufficient control of all account credentials. It is the responsibility of you and the authorized person to take the necessary security measures to protect your account and secure the account credentials. You must secure the account credentials against any attacks and unauthorized access. If you are aware of or have any reason to suspect that the security of your account or emails or any unauthorized use, you must notify us immediately.
5.14 You must pay close attention to your account history and inform us of any unauthorized or suspicious activity as soon as possible.
5.15 If you suspect a security breach, please notify us immediately and continue to provide us with accurate, up-to-date information throughout the duration of the security breach. The platform's disabled account function or any other method we specify from time to time can immediately lock your account. We may reasonably request actions to reduce, manage or report any security vulnerabilities that you should cooperate. We have the right to request you to immediately provide any and all information and documents that we find related or necessary to conclusive or suspected security vulnerabilities, and you agree to cooperate with the action. You are aware and agree that we can provide such information to any third party deemed necessary to investigate or resolve any security breach.
unsubscribe
5.16 You may cancel your account at any time in accordance with the account termination procedures prescribed by us from time to time. You must pay any overdue payments. You authorize us to cancel or suspend any pending transactions at the time of the account cancellation and to deduct from your account any outstanding amount you owe to us.
5.17 You may not be able to cancel your account under the following circumstances:
(I) You attempt to evade the investigation by the relevant authorities;
(Ii) you have a pending transaction or a pending claim;
(iii) arrears in your account;
(Iv) Your account has been frozen, temporarily withheld, restricted, or retained;
And (v) other reasons in our discretion.
6. Trading
6.1 You can trade directly with us or directly with other users, including transactions facilitated by us and not facilitated by us. We do not declare or guarantee that all transactions will be completed successfully or completed within a specified time.
6.2 You have the responsibility to control and use your account. You or everyone authorized are deemed to be entitled to issue any instructions from your account. It is your responsibility to pay close attention to your account history and to notify us as soon as possible of any unauthorized or suspicious activity in your account. We shall not be liable for any claim or loss incurred because of an unauthorized instruction (including error, negligence, error or fraud), unless it can be shown that the unauthorized instruction was solely due to our technical problems.
6.3 To comply with the data retention requirements, you agree to allow us (consent only, not mandatory) to keep all transaction information records during the duration of your account for the intended purpose or for other periods specified by applicable law. Please read our privacy policy to see how we collect and use data related to the use of our platform and services.
6.4 You are aware and agree that if you execute any transaction and / or falsely with improper intent, Aivora has the right (without payment, penalty or liability and the action complies with applicable law) to do any of the following:
(I) cancel the transaction / invalidate the transaction and equate the transaction with never being done; or
(Iii) amend the price of the transaction to reflect the current market price for the relevant period (determined by our sources available for fair market prices).
You are aware of and agree that if any transaction with any third party is related to or may be cancelled / modified under our rights herein, you shall be fully responsible for such transaction.
trading curb
6.5 Your account may be limited by (i) the amount or transaction volume you conducted or (ii) the amount or value of digital assets you transferred or transferred from your account.
6.6 We reserve the right to change any transaction limits applicable to your account at our sole discretion. You can also request a change in the limit. Any changes shall be at our sole discretion and subject to other conditions as we consider necessary.
7. Instructions
7.1 You must ensure that any instructions submitted are complete and accurate. We do not need to verify the accuracy, authenticity or validity of any instruction, nor do we monitor or refuse to execute it because it is repeated or seems to be repeated. However, if we have doubts about the accuracy, authenticity or validity of the instruction, we can refuse to execute or postpone the execution of any instruction, or ask you for more information.
7.2 Instruction irrevocable. Once you or an authorized person have submitted the instruction, you have no right to revoke or withdraw the instruction without our written consent. The transmission of instructions is subject to your instructions received by our server. Whatever the purpose, our record of all instructions is conclusive and binding on you.
7.3 By submitting the order, you or the authorized person authorizes us to initiate the transaction in your account. Therefore, we have the right to credit or debit (or provide settlement information to a third party to credit or debit) your digital assets in your account under your instructions. It is your responsibility to ensure that the balance of the digital assets in your account is sufficient. If the digital assets in your account are insufficient to trade (i. e. less than the total amount required to settle the transaction and pay all expenses related to the transaction), we have the right to reject any transaction. To the extent permitted by this clause, the Aivora may also refuse to execute the instructions.
7.4 You are aware that instructions and information sent on the platform or via email are generally transmitted over the Internet and may be transmitted through public and multinational facilities that are not specially protected. We cannot guarantee that the instructions and information transmitted are completely free of unauthorized access and that you must accept the risks.
7.5 Subject to this Terms and any applicable Product Terms, and your account has sufficient balances and does not hold relevant digital assets related to any Services, you may submit a withdrawal request on the platform and issue an order to Aivora to transfer the digital assets to an external wallet address. Upon receiving the withdrawal request, we will (i) deduct the corresponding amount from your account balance and (ii) initiate the on-chain transfer to the external wallet you specify. If we believe that the applicable law restricts the enforcement of the relevant withdrawal request, the withdrawal request may not be processed. We may also suspend withdrawals as we think is appropriate to resolve any events on the platform. After such incidents are resolved, we will resume the withdrawal function.
8. Termination, suspension, and restriction
8.1 Aivora may modify, suspend, or terminate any part or function of the Services at any time without prior notice or with your consent or without reasons.
Specifically, Aivora may (i) refuse to complete or prohibit, cancel, or revoke any transaction authorized by you as permitted by applicable law; (ii) terminate, suspend or restrict your access to any or all services; (iii) terminate, suspend, close, retain or restrict your access to any or all accounts; (iv) refuse to transmit information or instructions to third parties (including but not limited to third party wallet operators); and / or (v) and take any action we deems necessary for any reason and in any event, including but not limited to the following:
(I) You do not have or are no longer qualified to use one or more services;
(Ii) it is reasonable to suspect that (a) logging in or will be used for illegal or fraudulent or unauthorized purposes; (b) logging in to your company account is not an authorized person, or that the company account is used for or will be used for illegal, fraudulent or unauthorized purposes; (c) more than one natural person has accessed the same account and / or transactions, or your account is used or will be used for illegal, fraudulent or unauthorized purposes; or (d) the information you provide is incorrect, untrue, expired or incomplete.
(iii) We have reasonable concerns about your credibility or financial position, including:
1. If you are an individual, you have been bankrupt, mentally unsound, have taken bankruptcy behavior, or someone has filed bankruptcy proceedings against you;
2. If you act on behalf of a Partner, any partner is dead, bankrupt or mentally unsound, bankrupt, has initiated bankruptcy proceedings against the Partner, or has sued for dissolution and / or change of the Partner or articles of association;
3. If you act on behalf of a company which is unable to pay debts due or if the company has begun bankruptcy, administration, receivership, administration or any similar proceeding; or
4. You hold a meeting of creditors, or propose or make any compromise or arrangement with creditors, or make any assignment for the benefit of creditors;
(Iv) supplementary submission of such information and documents pursuant to Article 5;
(v) supplemental submission of enhanced due diligence report according to clause 5.3 (iv);
(Vi) We reasonably believe that the applicable law or the governing court or authorities of our jurisdiction require us to act;
(Vii) We identify or suspect that:
1. You have violated this Terms or any Product Terms;
2. You have violated any warranty, express or implied, in this clause, or have violated any statement you have made;
3. Have unauthorized, false, fraudulent or unlawful transactions, or we have determined or suspected that your account or services are being used in a fraudulent, unauthorized or illegal manner;
4. Any money laundering, terrorist financing, fraud or any other crime related to your account or your use of the Services has occurred;
(Viii) Your use of your account is limited to any pending, ongoing or ongoing litigation, investigation or judicial, governmental or regulatory process, and / or an increased risk of compliance with laws or regulations associated with your account activities;
(Ix) Your default on Aivora is outstanding, whether due to the delay or for any other reason;
(x) Any communications sent to your email account are returned due to undeliverability;
(Xi) There is a problem with your identity authentication;
(Xiii) You have taken actions that may circumvent our controls, such as opening multiple accounts without our written consent, or abusing activities that we may hold from time to time; or
(Xiii) There is any other valid reason for indicating that we need to act accordingly.
In addition to any other rights under this Article, Aivora may suspend, terminate and / or replace the account at any time without notice to you if we feel necessary or required by applicable law.
8.2 You already know and agree that:
(I) The examples for which we may act in Article 8.1 above to terminate, suspend, close or restrict your access to the account and / or services are for reference only and are not an exhaustive list; and
(Iii) We may decide to take certain actions based on confidentiality standards critical to risk management and security agreements, including, but not limited, terminate, suspend, close or restrict your access to the account and / or Services. We are not obligated to disclose to you the details of our risk management and security agreements.
8.3 If we terminate, suspend, retain, or restrict your access to one or more services:
(I) If you have outstanding orders, orders, positions or trades, they may be closed by you or by us;
(Ii) any deductions arising from the use of your Account or Services that may result in the immediate suspension and / or restriction of your Account or Services;
(iii) To reactivate an account or service that is suspended and / or restricted, you are required to repay us the outstanding amount in full, including any amount owed, if applicable fees; and
(Iv) In case of any deduction, you shall be responsible for any recorded amount and you authorize and allow us to deduct costs and expenses directly from any assets in your account without further notice.
8.4 Unlawful possession. If we are informed and reasonable to believe that any digital assets held in your account are stolen or illegally held (whether for error or otherwise), we have the right (but no obligation) to seize the relevant funds and your account. If we withhold some or all of the digital assets in your account, or restrict your entire account, we may continue to withhold them until we can accept evidence that you are indeed entitled to the relevant digital assets in your account. We will not intervene in the resolution of any dispute or dispute concerning any digital assets held in your account.
8.5 Access in other jurisdictions. Residents in some countries may only have access to some rather than all of their services. Services that are open to you may change at any time. If you travel to prohibited countries, the service may not be available and you may have limited access to the service. You are aware that this may affect your ability to trade on the platform and / or monitor any existing orders or open interest, or otherwise use the services. You may not in any way attempt to circumvent any such restrictions, including modifying your Internet protocol address using any virtual private network.
9. available digital assets
9.1 Aivora Only only available digital assets. We may delete or suspend one or more available digital assets. We will make reasonable business efforts to inform you in advance. Once deleted, you will not be able to access the relevant digital assets through the service, and can only withdraw the relevant digital assets from your account. After notifying you of the end of the specific period, if you still have digital assets that are no longer available in your account, Aivora may reasonably convert the digital assets into other types of stablecoin digital assets. Aivora You will be notified in advance before the conversion, and you can withdraw the digital asset within the specified time before the conversion.
If you attempt to use the account for digital assets that we do not support, or do not convert them into any other digital asset type described in this article, we assume no responsibility. If you send unsupported digital assets to your account, or send available digital assets to incompatible digital asset wallet addresses, then you will lose those digital assets and we have no liability or obligation. For some lost digital assets, Aivora offers you the option to try recovering them at your discretion. If you try to recover your assets, we may charge a processing fee. We will calculate all fees at our discretion and inform you on or prior to you authorized to attempt recovery. We do not guarantee in any way the amount of assets (if any). The actual amount recovered may differ from the expected amount. We do not evaluate or provide any guarantees on the authenticity, objective security and security of non-available digital assets. You are aware and agree that Aivora is not liable for any loss arising from the attempted recovery process or subsequent use of the recovered digital assets.
9.2 Aivora can suspend any services related to a specific digital asset to decide whether a fork is supported. We have no obligation to support the split version of the digital asset you hold in your account, regardless of whether any version generated by the split of that digital asset becomes the dominant digital asset. If we choose to support the digital assets fork, the official announcement will be published through the website or in other ways as we think appropriate.
You are aware that we cannot control or influence the creation or implementation of forks. We cannot guarantee the security, functionality, or supply of any digital assets (including new dominant digital assets or other digital assets arising from the associated fork point). You may not be able to trade fork digital assets on the platform and may lose any value associated with the associated digital assets.
9.3 Aivora Do not promise, guarantee or guarantee the results of potential or proposed digital assets or airdrops. Aivora The terms and conditions (including eligibility criteria) to declare, launch or distribute any airdrop, post or fork digital asset, and the statement, launch or distribution of any airdrop or split digital asset. If you want to participate in a fork or air drop, please withdraw the affected digital assets to your private wallet prior to the potential or proposed fork or air drop.
9.4 We may from time to time support digital assets alleged to be supported by another asset (including, but not limited to, digital assets or commodities like silver, gold) or otherwise linked to the value of another asset ("asset-backed digital assets"). You know and agree that: (i) you have read, understood and accepted all terms, conditions and associated risks of an asset-backed digital asset before any transaction related to asset-backed digital assets and (ii) Aivora has no obligation to purchase, repurchase or assist in the redemption of your asset-backed digital assets. Aivora Reserves the right to voluntarily change, suspend, or terminate any services related to any asset-backed digital asset at any time. We make no representation as to whether any particular asset-backed digital asset can maintain its value over any asset, or as to the quantity or quality of reserves or collateral held by each issuer or any third party with respect to any asset-backed digital asset.
10. Intellectual property rights
10.1 Aivora Intellectual Property Rights. Aivora, The intellectual property right is still owned by the Aivora. Aivora We hereby grant you a non-exclusive license for the duration of this Terms or until we suspend or terminate your access to the Services (whichever is earlier) to use Aivora Intellectual Property (excluding trademarks) for personal non-commercial or internal business purposes.
10.2 User intellectual property rights. You hereby grant us a permanent, irrevocable, royalty-free, globally applicable non-exclusive license to use your User intellectual property if: (i) constitutes or is related to the use of the user-created intellectual property; and (ii) is necessary to provide our services to you. The license you grant under this clause includes our right to license the license to a third party provided that it is necessary for us or any of our affiliates to provide services to you.
10.3 Intellectual property rights created by users. The intellectual property created by the user shall be automatically owned by the Aivora on the date of its creation. You hereby assign to us (and agree to ensure that any agent, representative or contractor transfers) and provide sufficient guarantee of ownership to transfer all existing and future rights and interests in intellectual property created by such users. If requested, you shall (and agree to ensure that any Agency, Representative or Contractor shall) sign and / or perform all documents we may require and take all actions we may require to perfect the assignment under this clause.
10.4 User Materials. You are aware and agree that (i) we do not assume any responsibility for any user materials provided on the platform or on the website (whether by you or a third party); (ii) your risk of using such user materials and we do not provide any relevant warranty.
10.5 Our rights to the user materials. For any reason, we have the right, at our sole discretion, to delete, modify or reject any content submitted, published or displayed on the platform or website. We reserve the right to take any action on our own as we believe appropriate, including giving written warnings to you, deleting any user materials, seeking damages or other financial compensation from you, freezing or terminating your account (if any), or suspending your access to the Platform and / or the Website. We also have the right to restrict or prohibit your future use of any and all services.
11. No use is allowed
11.1 In opening an account or conducting any transaction and without affecting any other restrictions specified in this clause, you agree that you and any authorized person shall not:
(I) Violation of this clause or any agreement hereunder, including without limitation to any Product Conditions;
(Iii) the use of the services for resale or commercial purposes, including transactions on behalf of other individuals or entities, unless we expressly agree in writing;
(Iiii) Regardless of whether it is prohibited by applicable law, we independently determine whether the use of services constitutes market manipulation, including but not limited to raising shipment fraud, brushing, self-trading, preemptive trading, filling quotation, false declaration or stacking orders;
(Iv) engage in fraudulent activities, or we suspect you or any authorized user to engage in fraudulent activities and / or transactions;
(V) virtual sports league, online gambling, competition, lottery or speculative game with or participating in lottery, gambling, penny auction, sports prediction or odds calculation, with cash rewards;
(vi) (a) using Aivora or attempt to obtain funds for the same transaction; (b) conducting business or using services in a manner that may cause us, other users, third parties, or you to bear complaints, disputes, claims, refunds, refunds, fees, fines, or other liabilities; (c) allowing your account to hold a negative or negative amount of digital assets;
(vii) providing false, inaccurate or misleading information in the use of the Services, communication with us or other aspects related to this clause;
(Viii) Buy or sell identity authentication (KYC) information in any form. Aivora Wrong reason
Any loss or liability for any dispute or issue over the ownership of the account or asset arising from the breach of this clause. Aivora has the right to immediately freeze or terminate your account.
(Ix) (a) using any deep link, web crawler, robot, spider or other automatic device, programs, scripts, algorithms or method, Or similar or equivalent manual operations to access, acquire, copy, or monitor any part of the platform, Or in any way copying or bypassing the navigational structure or presentation mode of the service, To obtain or attempt to obtain any material, document or information not intentionally provided through the Service; (B) attempt unauthorized access to any part or function of the platform, Or connect to any system or network related to any server or service provided by Party or any other illegal or prohibited means; (C) detecting, scanning, or testing vulnerabilities in the service or any network connected to the platform, Or security or authentication measures against any network violating the service or being connected to the service; (D) any information of reverse searching, tracking, or trying to track other users or visitors of the Service; (E) Take any action, System infrastructure or network for services or Aivora, Or create an unreasonable or disproportionate huge load on the infrastructure of any system or network connected to the service; (F) interfere with the normal operation of the service or any transaction with the use of any equipment, software or routine program, Or interfere with the normal use of other users; (g) fake a header, impersonate or otherwise manipulate an identity, Cover your identity or any message or transmission you send to us.
(x) Modify or adapt all or any part of the platform, or combine or merge the platform with other programs or applications;
(Xi) disassembling, decompiling, reverse engineering, or attempt to otherwise derive the source code, target code, basic concepts, ideas, and algorithms of the platform or any of the components thereof;
(Xii) modify, copy, copy, download, store, further transmit, spread, transfer, disassemble, disseminate, publish, delete or change any copyright statement or label, license, license, sell, mirror, design, lease, lease, license, set security interest, create derivative works, or otherwise use Aivora intellectual property or any part thereof;
(Xiii) a computer programming program that spreads any virus, Trojan horse, worm or other computer programming program that may damage, maliciously disturb, secretly intercept or illegally occupy systems, data or information related to the service;
(xiv) (a) use of anonymous agents; (b) use of any temporary, disposable, self-destructive or similar email address when opening an account and / or using services; (c) use of any device, software, or program to bypass our robot exclusion heads, or trying to disrupt or interfere with our website or services; (d) take any action that may cause our loss of services provided by our Internet service provider or other providers;
(Xv) Create or claim to create any security interest in the digital assets in your account without our prior written consent;
(xvi) breach or attempt to violate (a) any applicable law; or (b) copyright, patent, trademark, trade secret, or disclosure or privacy of Aivora or any third party; and / or
(Xvii) directly or indirectly through (1) Aivora jurisdictions identified as high risk, including, but not limited to prohibited countries, or (2) individuals or entities identified by Aivora as high risk, including but not limited to individuals or entities classified as restricted persons, to access, use or attempt to access or use the Services. Especially, Americans are prohibited from accessing platforms and / or using services. Any change in your place of residence or applicable law may cause you to violate any legal or regulatory requirements in the jurisdiction of applicable law. It is your responsibility to ensure that any transaction is legal and that your residence and circumstances change.
12. Statements and warranties
12.1 You hereby continuously declare to us and warrant that:
(I) All the documents and information you provide to us are true, accurate, complete and up to date in all respects, and we can use them to determine whether you are eligible to access the platform or use the services;
(Ii) All decisions relating to this clause are based solely on your own judgment and upon your financial resources, ability and willingness to take relevant risks, and financial objectives;
(iii) You have full authority, authority and ability to (a) access and use the Platform and / or Services; and (b) execute and perform this Conditions and any obligations under or associated therewith, including, without limitation, any Product Terms;
(Iv) If you are a partner in the company, the partnership, or a trustee of the trust:
1. The trustee of the company, co-op or trust will comply with applicable laws and comply with any partnership or trust deed (or similar documents);
2. You shall immediately notify us of any change in any director, partner, trustee, grantor or ultimate beneficial owner or any person authorized to resign, removal, appointment or death of your account; and
3. If the Company, the trustee or the Trust is voluntarily or involunvoluntarily dissolved, you will notify us immediately;
(V) The consent, license, authorization, approval, and agreement of all third parties and all authorization, approval, permission, consent, registration, filing required to regulator, government department, committee, agency or other organization that have jurisdiction over you, are unconditionally obtained in writing and disclosed to us in writing and have not been revoked or modified. These approvals and consents are for the purpose of (a) access and use of the Platform and / or services; and (b) execution and performance of this Agreement and any agreement entered into hereunder or any transaction proposed in connection with this clause;
(Vi) This term and any agreement hereunder or in connection therewith shall constitute a valid and legally binding obligation and may be enforced against you in accordance with their respective terms;
(Viii) You are not a restricted person;
(Viii) If you are a legal entity, you are duly incorporated, organized and surviving under the laws of your jurisdiction and have full authority to do business. If you are individual, you are be under 18; and
(Ix) When you access and use of the Platform and / or Services, perform and execute this clause and any agreement hereunder and perform your obligations in connection with this clause, you will not:
1. If you are a legal entity, a partner of the partnership or a trustee of the trust, resulting in violation or conflict with any provisions of your charter, charter, partnership agreement, deed of trust or other equivalent constituting document;
2. A breach of any instrument, agreement, document or commitment that is bound or is bound or restricted by you or you or any of your property; and
3. Cause you, us or any third party to violate any applicable law, any court decision, arbitrator award, or any government or regulatory agency under any jurisdiction.
13. Disclaimer
13.1 No declaration or warranty. To the maximum extent permitted by applicable law, the services and information provided on the Site and Platform are provided on an "Status" and "Available" basis without any representations or warranties, express or implied. We declare that there are no implied warranties of ownership, merchantability, applicability for a specific use, and / or non-infringement. We make no representation or warranty that access to the website, platform, your account, services, or any material contained therein will be continuous, uninterrupted, timely or error-free. This can lead to a period of time without trading on the platform and possibly cause a time delay.
13.2 Terminate the access. Aivora Access to your account and / or services may be suspended, irregularly or urgently, for maintenance. We will make reasonable efforts to ensure that transactions on the platform are handled in a timely manner, but we make no representations or guarantees about the time required to complete the processing, as it depends on many factors beyond our control.
13.3 Content. Although we use reasonable efforts to update the information on the Site and the Platform, we do not make any representation, warranty or warranty, express or implied, for the accuracy, completeness or timeliness of the content (including information related to the Services).
13.4 Third-party websites. For convenience, you may access or link to third party websites (including but not limited to content, information, and / or information on the website). You are aware and agree that we are not liable for any aspect of the content, materials, information or services contained therein.
13.5 Network access and hardware. You are responsible for obtaining the data network access rights required to use the service. You should obtain and update the compatible hardware or equipment required to use the service. We specifically express that there is no guarantee that the service or any part of it may run on any particular hardware or device. Although we will do our best to provide the services, you should be aware that the services may be affected by inherent failures and delays in Internet and electronic communications beyond our reasonable control.
14. Major interests and conflicts
14.1 You are aware that Aivora is involved in activities related to digital assets.
14.2 You are aware and agree that neither your relationship with us, any service or any other matter will not cause any legal, equitable or fiduciary duty to us or any of our affiliates. In particular, we may act in multiple identities from time to time, and in those identities, we may collect fees or commissions from multiple users. You agree that we may act in the above capacity and provide any other services or conduct any business to you, any of our affiliates or any other users.
14.3 You are aware and agree that neither we nor any of our affiliates should (i) consider any information known to us or any affiliates; (ii) disclose any such information to you; or (iii) benefit you with any such information. We will further make it clear that we may obtain general market information from time to time and may use it in the normal conduct of our business.
14.4 We have established and maintained effective organizational and administrative arrangements to take all appropriate measures to identify and manage conflicts of interest between us and our users and relevant third parties and thus to prevent conflicts of interest from adversely affecting the interests of our users. When such organizational and administrative arrangements are insufficient to ensure a risk of harm to your interests, we will inform you of the nature and / or source of the relevant conflicts of interest and the measures taken to reduce these risks so that you can make an informed decision on whether to continue to deal with us. We always reserve the right to deny you services if you cannot otherwise manage a conflict of interest.
15. Compensation
15.1 Third-party Claims. You hereby undertake and agree to provide full indemnity and protect us from any and all third party, governmental, claims, claims, action, claims, claims, claims, claims, claims, investigations, and all (actual and indirect), losses, including any direct, indirect or consequential losses, loss of profits, reputation), costs and expenses, including all interest, penalties and reasonable legal and other attorney fees and other professional fees ("losses"). These losses arise from, or are related to:
(I) Your access to or use of your account and / or services;
(Ii) You have breached or are charged with a violation of this Terms, including any applicable Product Terms and any other terms and conditions incorporated by reference;
And (iii) your violation of any applicable law; and
(Iv) violates the rights of any third party.
15.2 Release. You hereby irrevocably and unconditionally agree to release us from liability for any and all claims and claims (and waive your rights you may have to us now or future in relation to any loss you may suffer or cause) directly or indirectly in connection with your dispute with any other user or third party in connection with the Services or this Terms.
16. Responsibility
16.1 Our responsibilities. Unless such loss arises directly from or to Aivora by any gross negligence, intentional misconduct, actual fraud, or substantial and sustained breach of this clause, Aivora is not liable or liable for any loss sustained by you or any third party. Without prejudice to the foregoing, notwithstanding any other provision in this clause, Aivora and its affiliates shall not exceed the total cost you pay to Aivora within three (3) months prior to the event leading to the loss. This payment will be made to you as the whole and final settlement and settlement of any and all losses and claims (however generated) caused by us and those of any of our affiliated parties to the relevant event. You are aware and agree that neither Aivora or any of its affiliates is aware of any particular circumstances concerning you and that you are aware that damages are an adequate remedy and that you are not entitled to any other legal or equitable claim or remedy, including, without limitation, any title claim, injunction and / or specific performance.
16.2 Limitation of Liability. Notwithstanding any other provision of this Article, you are hereby aware and agree that under no circumstances shall Aivora or any of its affiliates undertake any liability or obligation to you or any other person or entity that:
(I) Any direct or indirect loss (including loss of profit, loss of business or loss of opportunity), damage or expense, whether arising from the Services or otherwise, including but not limited to:
1. Any risk listed in any risk disclosure shall be updated from time to time;
2. Operation, functionality, security or availability of any underlying protocol for any digital asset;
3. Whether asset-backed digital assets can maintain their value relative to any asset, or whether its issuer holds sufficient reserves for asset-backed digital assets;
4. Any act or omission taken in accordance with this Article;
5. Any inaccuracy, absence or omission of digital asset price data, any error or delay in such data transmission, and any interruption to such data;
6. Aivora Regular or irregular maintenance, including any service interruption and changes due to such maintenance;
7. Stft of devices that can access and use services;
8. Any damage done by other users, omissions or violations of this clause, and any damage caused by the actions of any other third party;
9. (1) any computer virus, spyware or other malware that may affect your computer or other equipment, or any damage or interruption caused by any phishing, counterfeiting or other attack; (2) any failure, damage or destruction of your hardware, or any records or data stored on your hardware; or (3) you use Internet connection services or encounter any technical problems, system failure, functional failure, communication line failure, network congestion or frequent requests, related problems, security vulnerabilities or any similar technical problems or defects;
10. Our decision to reject your application for opening an account;
11. Terminate, suspend, detain or restrict access to any account or service under this Article or any applicable Product terms, including inability to withdraw digital assets, issue instructions or transactions during the period of suspension, detention or restriction;
12. Any transaction limit applicable to your account;
13. We support or do not support certain digital assets;
14. Aivora cannot contact you through the contact information you provided;
15. Aivora is writing off a dormant account;
16. The transaction fails or exceeds the time required to complete any exchange;
17. We refuse or delay the execution of any instruction;
18. Any security breach has occurred in your email account;
19. Your losses suffered by the third party behavior (including the third party fraud or fraud involved by Aivora only as the recipient of your digital assets);
20. Losses incurred by transferring your digital assets out of the platform at your request;
21. Any losses arising from or related to the new offering of digital assets, initial token issuance (ICO), or the decision to launch or not launch digital assets on the platform;
22. Network events, forks, or airdrops;
23. Service correctness, quality, accuracy, safety, completeness, reliability, performance, timeliness, pricing or continued availability, or delay or omission of the service, or any connection or communication service failing to provide or maintain your access to the Service, or interference or interruption of your access, or any miscommunication between us, regardless of the reason; and
24. Any transaction, order or operation that you make through or claim to make through your email account or account;
(Ii) any loss of business, profit, anticipated savings or opportunity, or any special, punitive, aggravating, incidental, indirect or consequence loss or damage, whether caused or related to this Site, platform, your account, services, this Articles, Product Terms, Privacy Statement and / or any agreement under this Terms or other provisions;
(iii) any loss or damage you may suffer because of apparent errors or / or dramatic market fluctuations and / or the cancellation / modification of any transaction, regardless of magnitude, whether direct or indirect, specific or consequ, including but not limited to loss of profit and loss of opportunity, even if Aivora is aware that such loss or damage may arise, or is reasonably foreseeable; and / or
(Iv) participate in any loss that constitutes a claim that has not been brought by formal legal action within one (one) calendar year of the commencement of the matter giving rise to the claim. You agree and are aware that this clause may alter any legally applicable limitation and, if prohibited by applicable law and so, this clause will be deemed to have a minimum enforceable time limit. Without prejudice to the generality of the foregoing provisions, you agree that the claim shall be settled entirely by binding arbitration.
16.3 Damage or interruption. Aivora There is no liability for any damage or interruption resulting from any computer viruses, spyware, scare ware, Trojan horse, Trojan worm, or other malware that may affect your computer or other device, or any phishing, deception or other attacks. You should also be aware that SMS and email services are vulnerable to deception and phishing attacks. You should be careful when viewing the information claimed to come from us. It is the responsibility of you and the authorized person to keep all account credentials properly at all times.
17. Article amendment
17.1 Aivora May at any time be amended to this clause and any mentioned incorporated terms and conditions (including any Product terms) and your continued use of the Services means that you agree to such amendment. Changes to this clause will be posted on this website and may be notified by email, app or other means at the discretion of Aivora.
17.2 Aivora will try to notify users before the term amendment becomes effective. However, we may sometimes need to make changes that take effect immediately, in which case we will notify the user as soon as the changes take effect. Amendments that may work immediately include, but are not limited to: (i) amendments to legal and / or regulatory requirements; or (ii) amendments to this clause.
17.3 Any updates to this clause shall take effect immediately, except upon notification to the user. If you are not willing to accept the change, you may cancel your account according to the provisions of this clause. Your continuation to access or use any service will be deemed to accept the updated terms content.
18. Governing law and dispute resolution
18.1 Governing law. This clause shall be governed by the laws of Hong Kong and construed in accordance with the laws of Hong Kong without regard to any choice of rules or conflict of law.
18.2 Notice of claim. To the extent permitted by law, you agree to waive your right to trial by jury and to waive your right to settle any dispute in court arising from or in connection with this clause. For any dispute or claim you have filed against Aivora or in any way in connection with this clause, you agree to first contact Aivora, and attempt to informally resolve the claim by sending a written notice of claim ("Notice") to our email "legal@Aivora.com".
Notice must:
(I) including your name, residential address, email address and telephone number;
(Iii) describe the nature and basis of the claim; and
(Iiii) state the specific help sought.
If you and Aivora are unable to agree on the settlement of the claim within 30 days of such notice, either party may submit the dispute to a binding arbitator as provided below for arbitration.
18.3 Dispute Resolution. Any dispute, dispute, disagreement or claim between you and Aivora (and / or any of its affiliates) arising out of, Should be submitted and finally settled by arbitration through the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Arbitration Rules in force at the beginning of the arbitration: (a) this clause or any Product clause, Including its existence, validity, subject matter, interpretation, performance, breach of contract, negotiation, termination, enforceability or invalidity of the consequences; (B) The relationship between you as a user and Aivora (and / or any of its affiliates) (whether based on contract, infringement, regulation, fraud, misrepresentation or any other legal theory, And whether the claim is made after the entry into force or termination of this clause); And (c) any dispute over non-contractual obligations related to this Terms, any Product Terms, or your relationship with Aivora (and / or any of its affiliates). The arbitration award shall be final and binding. The arbitration clause stipulated in this clause shall remain in effect after the termination of this clause.
You and we agree that:
(I) The law applicable to this clause is the law of Hong Kong;
(Ii) The arbitration place is in Hong Kong;
(Iiii) The arbitration proceedings will be conducted in the English language;
(Iv) Unless otherwise agreed by you, the arbitrator is one and must have relevant legal and technical expertise;
(v) If you and us fail to reach an agreement on the appointed arbitrator within 15 working days after the dispute enters into arbitration, the arbitrator shall be appointed by the Hong Kong International Arbitration Centre;
(vi) The arbitrator may only conduct personal arbitration and shall not:
1. Combine the claims of multiple individuals;
2. presiding over any type of class action or representative action; and
3. Preside over any proceedings involving more than one individual.
Any claim initiated by or in connection with this clause must initiate arbitration strictly within one year after the occurrence of the claim, otherwise the statute of limitations will terminate and irrevocable. The termination of the statute of limitations means that there is no more legal right to claim such claims and no longer any formal legal action.
Notwithstanding other provisions of this clause, you agree that we have the right to seek injunctive relief (or an equivalent type of emergency legal relief) or equitable relief in any jurisdiction.
You agree that any dispute arising from, or in connection with, this Terms of Use is:
(I) only related to you and Aivora; and
(Iii) will be settled only through individual action and will not be filed as collective arbitration, class action or any other type of representative action.
If any part of this clause is found to be unenforceable or illegal for any reason:
(I) Only unenforceable or illegal clauses should be trimmed / deleted;
(Iii) tailoring the unenforceable or illegitimate clause has no effect on the remainder of this clause or the ability of the parties to force any remaining claims under this clause; and
(iii) If any claim must therefore be collective, joint, consolidated, or represented, such claim must be brought in a civil court with jurisdiction, not by arbitration, and the parties agree to suspend proceedings against such claim pending the outcome of any individual claim in the arbitration.
18.4 Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, the existence or the content of the claim, all documents and information provided or exchanged concerning the arbitration, and any submission materials, orders or awards made in the arbitration shall be kept confidential, without any party except the arbitration tribunal, the Hong Kong International Arbitration Center, the parties, their lawyers, experts, witnesses, accountants and auditors, insurer and any other persons required to disclose to any third party to conduct the arbitration. Notwithstanding the foregoing, a Party may disclose such confidential information if:
(I) after obtaining the written consent of the other party;
(Iii) to the extent or may or may be bound by applicable law or by any order of the court or other authorized authority or court;
And (iii) connection with any legal process to initiate, conduct or defend any award for the execution or challenge of arbitration; and
(And iv) the public domain without violation of this clause.
The confidentiality obligation in this clause shall continue after the termination of this clause and the termination or suspension of any arbitration initiated under this clause.
19. General
19.1 Applicable Law. By using the Service, your account and platform, you, and any authorized users must comply with all applicable laws, any relevant licensing requirements, and third-party legal requirements (including the Data Privacy Act, the Anti-Money Laundering Act, and the Terrorism Assistance Act).
19.2 Notices. After you use the Service, we may send you any notifications or communications related to your use of the Service through an e-mail account associated with your account. It is your responsibility to ensure that you provide an accurate and up-to-date email account. If you are sent to your email account, you will be deemed that you are notified of the delivery failure.
Any notice, consent form or other communication information given under this clause must be in writing, in English and signed or otherwise authorized by the sender.
19.3 Announcements. All official announcements, news and events will be posted on the website and / or platform. These announcements are very important and may address issues that may affect the value of your digital assets or their security. You should check the site regularly, read and carefully consider the announcement.
19.4 Full protocol. This Terms and any applicable Product Terms constitute the entire agreement between you and Aivora regarding the Services. The Parties are aware that, except that expressly provided in this Article or any Product Terms, each Party does not rely on any declaration, representation, warranty or warranty (whether or not negligent or unknowingly) or enjoy any right or compensation in connection therewith.
19.5 Assignment. You may not assign or transfer any of your rights hereunder or delegate all or any part of your obligations hereunder without our prior written consent. However, we may at any time transfer or transfer any of our rights or obligations under this Term to any other person, including, without limitation, any merger, acquisition or other corporate restructuring involving Aivora.
19.6 for the segmentation. If any of these provisions is at any time illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions will not be affected or damaged.
19.7 Records. Subject to applicable laws, you agree that Aivora may, without further disclosure or consent, document any communications we have with you in respect of this clause, including those for giving instructions or conducting your transactions. Any records that we keep will constitute evidence of your correspondence with us. You agree that we may use recorded calls, transcripts, information records or other communication records to ensure compliance with applicable laws, provide customer support, address any disputes in connection with this clause and use them in any other manner not prohibited by applicable law. The recorded contents will be the proprietary property of the Aivora.
Aivora It may also disclose such call recordings, transcripts, information records, or other communication records to any applicable regulatory, law enforcement, or specialized agency (including tax authorities), or as otherwise required by applicable law.
19.8 of the language. This clause can be translated into languages other than English. Any such translation is provided for your convenience only. In case of any discrepancy or ambiguity, the English content shall prevail.
19.9 Third-party rights. Except for anything relating to affiliated parties, anything expressed or referred to in this clause shall not be construed to confer any legal or equitable right, remedy or claim on any person other than the parties to this clause. This clause is only valid for the parties and their successors and permitted assigns.
19.10 Continue effective. All provisions of this clause, for their nature, may continue in force after expiration or termination of this clause and remain binding after termination or expiration.
19.11 Relations between all parties. Aivora Is not your agent for the performance of this clause. These provisions shall not be construed as facts or evidence of association, joint venture, cooperation or franchise between the parties.
19.12 Digital Assets. We record the number and type of digital assets you credit in your account. These digital assets are not stored on the chain separate from digital assets held by other users or digital assets maintained by Aivora for business purposes. The internal ledger is used to record the number and type of digital assets that customers are entitled to. Each user will have an off-chain account or sub-account with a unique identifier (UID) and relevant login credentials, and record the credit balance of the relevant user. Aivora No trustee of any digital assets you credit, shall not have any fiduciary responsibility for any digital assets you credit. When you instruct us to transfer or otherwise process digital assets, we will not use any specifically identifiable digital assets to execute such instructions. Subject to this clause, Aivora will use the same number and type of digital assets deposited in your account when executing your instructions. You will be entitled to the same number and type of the digital assets credited in your account.
19.13. Force Majeure. We shall not be responsible for any inability or delay in performance of this provision due to factors beyond reasonable control (including, but not limited to, labor disputes, strikes, lockdowns, shortage or availability of energy, raw materials or supplies, war, terrorism, riot, or epidemic).
19.14 Waiver. Aivora Any delay or omission in the exercise of any right or compensation under this clause shall not be construed as a waiver of such right or compensation or any other right or enforcement of such right or compensation. The rights and compensation specified in this clause may be cumulative and do not preclude any rights or compensation provided by applicable law.
19.15 Offset. In addition to any other rights or compensation provided under this clause or by law, we may offset any amount you owe to us under this clause or otherwise. Unless otherwise provided by applicable law, you must pay all amounts owed to us, counterclaim, deduct or withhold.
19.16 for privacy. If you obtain information from other users through the platform or using the Services, you must keep the information confidential and can use the information only in accordance with applicable laws when relevant to the Services. You may not disclose or distribute any user information to any third party, or use it in any way, unless reasonably necessary for the transaction.
19.17 Death of the account holder. In the case of your death or incapacity, or if we have reason to believe that you are dead, we may freeze your account. Your account will be frozen until (i) the representative or beneficiary of your estate successfully completes the inheritance request according to Aivora (Aivora may update from time to time without notice) to receive the assets in your account; or (ii) you provide sufficient evidence that you are not dead.
Transfer of assets to your account under this clause shall be subject to applicable law and this clause. We make no commitment or guarantee to any particular credit account asset transfer schedule.
19.18 tax. It is your responsibility to determine whether any tax is paid or received (if any) and to remit, declare and remit the correct taxes to the relevant tax authorities. Aivora Is not responsible for determining whether any taxes apply to you when using the Services or for remittance, filing or remittance of any taxes arising from any transaction or use of the Services.
You are aware that we may submit certain reports to the relevant tax authorities on the transactions made on the platform. Aivora To provide you with additional information for the calculation of any tax, either at your discretion or as required by applicable law. We may also at our discretion hold at source and deduct any tax required by applicable law.