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November 8, 2022

Terms of Use

This User Agreement ("Agreement") is an electronic contract between you ("You", "User") and BitHush_bot ("BitHush_bot", "we"), regarding your use of BitHush_bot.

For the purposes of this Agreement, BitHush_bot is represented by the following company:

Zhi Rui Trading (Hk) Limited, a company duly incorporated and doing business under the laws of the city of Hong Kong, China.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF OUR SERVICES. DIGITAL CURRENCIES AND TOKENS CAN HAVE HIGH VOLATILITY AND PRESENT SIGNIFICANT RISK AS INVESTMENT AND TRADING INSTRUMENTS. BY USING OUR SERVICES, YOU UNDERSTAND THESE RISKS, ACCEPT THIS AGREEMENT AND RELEASEZhi Rui Trading (Hk) Limited, BitHush_bot FOR ANY FINANCIAL LOSS ASSOCIATED WITH OUR SERVICES.

By completing the registration procedure in the bot, you confirm your agreement that you have read, understand and fully accept the terms, and also agree to comply with the obligations of this Agreement in the current version, subject to possible subsequent changes and additions to it. In the event that a previous version(s) of this Agreement or significant portions thereof is required, please send the relevant request to BitHushBot@gmail.com.

HOW DO YOU ACCEPT THIS AGREEMENT

This Agreement is deemed to be accepted by you subject to the following conditions:

  • You have read the terms of this Agreement and all its essential parts (with any changes and / or amendments to them);
  • You have provided the required mark in the special field under the heading "I accept the terms of the User Agreement" in the registration form;
  • You clicked on the "Agree" button in the message that appeared in the "Do you confirm that you have read and agree to the terms of service?" bot.

Attention: if you do not agree with the terms of this Agreement, please use BitHush_bot and/or other Services of our company.

1. TERMS AND DEFINITIONS

In addition to other terms defined in this Agreement, the following terms will have the following meanings:

"Agreement" - this User Agreement and its integral parts, taking into account all additions and / or changes that may be made in the manner determined by their terms.

The essential parts of this User Agreement are:

  • Privacy Policy, Anti-Money Laundering, Terrorist Financing and Know Your Customer Policy, Cross Deposit Recovery Policy, and Refund Policy;
  • any other agreements entered into by BitHush_bot, in cases where, in the text of these agreements, BitHush_bot expressly indicated that they are an essential part of this Agreement.

"Wallet" is a functional part of the Platform designed to account for the User's Funds. For the purposes of this Agreement, the term Account includes the Personal Account and all relevant Personal Data, and Account Data.

"Affiliate" means, with respect to any Person, any individual, corporation, partnership, firm, association, unincorporated organization or other entity that directly or indirectly controls, is controlled by, or is under common control with such Person.

"Summary Data" - a set of data on trading operations and / or other information on Your trading, provided by You on the Platform and / or in favor of BitHush_bot.

“Money Laundering, Terrorist Financing and Know Your Customer Policy” is the Anti-Money Laundering, Terrorist Financing and Know Your Customer Policy (AML/CTF and KYC Policy), which contain a program for the prevention of money laundering derived from criminal activities and the financing of terrorism, which is an integral part of this Agreement.

"Business Day" means any calendar day other than Saturday, Sunday and other days on which credit institutions in the People's Republic of China may be closed.

"Confidential Information" means any information that You obtain or become aware of as a result of using BitHush_bot, or otherwise as a result of Your access to the Platform and use of BitHush_bot, that is confidential or proprietary to BitHush_bot, its Affiliates and/or third parties , licensors (including any Third Party Providers), including any information that may be derived from or that relates to any BitHush_bot products and Services, as well as information that relates to BitHush_bot's commercial operations, business plans, pricing, service rates, commission, financial data, technology, regardless of whether such information has been designated as confidential or not.

“Cryptocurrency” means a cryptographically secure digital expression of value or contractual rights that uses distributed ledger technology and can be transferred, stored or traded electronically.

“Currency” means Cryptocurrency and/or Fiat money.

“Currency Pair” means any two Currencies that are available for trading on the Platform by concluding Transactions.

"Data" means any data and other information available or generated by or through BitHush_bot and/or otherwise made available to you by BitHush_bot under this Agreement, including, without limitation, information relating to orders, offers, prices, spread, trading volume, locked transactions and liquidity.

"Deposit" and any derivative term - means an operation related to the deposit of Funds into the Account by the User for the purpose of a future Transaction with BitHush_bot.

"GroupZhi Rui Trading (Hk) Limited"- means a group of Affiliates (companies) that operate BitHush_bot and provide Services (unless otherwise provided in this Agreement) to users.

"Group memberZhi Rui Trading (Hk) Limited» - BitHush_bot, any of its Affiliates and Representatives or any of them.

"working systemZhi Rui Trading (Hk) Limited" - means a part of the graphical user interface intended for trading on the Platform.

"Exchange Rate" means the value of one Currency for the purpose of converting it into another.

"Commissions" - any remuneration, fees and / or commission fees payable by Users in favor of BitHush_bot, which are set by BitHush_bot and the list of which is available in English.

“Fiat money” is a currency issued by the state, defined at the legislative level as legal tender in the country of its issue.

"Funds" - the amount of Cryptocurrency and/or Fiat money that are placed on the Account and used in the execution of Transactions.

"Government" means any national, federal, state, provincial, county, municipal, or local government, foreign or national, or the government of any political subdivision of any of the foregoing, or any entity, body, agency, ministry, or other similar executive, legislative, judicial, regulatory or administrative authority or other entity exercising managerial functions or related to government, including any body or other quasi-governmental agency established to perform any of such functions.

"IP Rights" means all rights to:

  • Bot (and each of its components);
  • any and all Data; and/or
  • all modifications, including user modifications, made by you or with your participation or with the help of any other Person, in relation to any of (i) and (ii), including in each case all patents, industrial designs, trademarks and service marks, rights in design, layout, trade, commercial or domain names, copyrights (registered or not and any application for registration or rights to apply for registration of any of the above), rights to inventions, appearance and style, software (front-end and back-end), know-how, techniques, methodologies, trade secrets and other confidential information, database rights and all other intellectual property rights and other proprietary rights of a similar or corresponding nature,which may now exist or arise in the future in any part of the world and any rights to receive remuneration in respect of such rights.

"Law" means all applicable laws, regulations, judgments, decrees, agreements, ordinances, orders and rulings, interpretations and policy statements of any State Authority, regulatory body or self-regulatory organization, department, agency or body that in the relevant situation has jurisdiction aboveZhi Rui Trading (Hk) Limited, User or their respective operations.

"Order" - an order or offer entered by the User on the Platform, which expresses the User's resolute readiness to make a Transaction with the corresponding BitHush_bot Order.

“Person” means an individual, partnership, limited partnership, corporation, limited liability company, public limited company, unincorporated association or association, trust or joint venture, or other form of legal entity, or a State Authority or its administration. territorial unit. The term "Person" also includes Representatives, successors or permitted assigns.

"Personal Account" - a set of secure pages on the Platform created after the User's registration on the Platform, using which the User can place Orders for further Transactions with BitHush_bot.

The Personal Account displays information about the Funds available to the User, and other information determined by the functionality of the bot.

“Personal Data” means information that identifies an individual, such as name, address, email address, bidding information, and bank details. The term "Personal Data" does not include anonymous and/or aggregated data that does not make it possible to identify a specific User.

"Platform" means the BitHush_bot trading platform accessed via the Internet and/or telecommunications networks and/or through the BitHush_bot Work System and/or other graphical user interface, application programming interface, mobile application or other external trading client interface to be installed or permitted BitHush_bot to be used from time to time for the purposes of enabling the execution of Transactions by authorized Users.

"Privacy Policy" - the rules for the collection, storage, distribution and protection of Personal Data received by BitHush_bot from Users, which are an integral part of the Agreement, and which is available in Russian at the link - Privacy Policy.

"Representative" means officers, directors, members, members, managers, employees, agents and/or any natural person authorized to represent and act on behalf of a Person by virtue of the Law, articles of incorporation, power of attorney or similar document.

"Intermediary Model" means the current trading model, in accordance with which Transactions are carried out on the Platform, as described further in clause 5.1 of this Agreement.

"Term" means the term of this Agreement, which shall commence upon Your acceptance of this Agreement in accordance with the procedure set forth in the preamble to this Agreement, and shall continue for as long as BitHush_bot permits You to use the Platform or any Services, except in the event of early termination of this Agreement. Agreement in accordance with its terms.

"Third Party Provider" means a party, third party software and/or technology provider whose products or services may assist BitHush_bot in maintaining and operating the Platform and/or Services.

"Transaction" means a Spot Transaction made by the User on the Platform with BitHush_bot as its counterparty, or made by BitHush_bot with the User as its counterparty.

"User" - any Person who is registered on the Platform and has agreed to the terms and conditions of this Agreement.

“Withdrawal of Funds” and any derivative term means an operation to transfer Funds from the User's Account.

Other vague terms and definitions that appear in the text of this Agreement shall be interpreted by the Parties in accordance with the laws of the People's Republic of China.

Headings are used in this Agreement for convenience only and do not affect the interpretation of the provisions of the Agreement.

In this Agreement, BitHush_bot and you are referred to collectively as the "Parties" and individually as a "Party".

A reference to a company includes any company, corporation or other legal entity, regardless of where or how it was incorporated.

Unless the context otherwise requires, words in the singular must include the plural, and in the plural the singular.

Unless the context otherwise requires, a reference to one gender includes a reference to any other gender.

Where words include, but are not limited to, used in this Agreement, they shall be deemed to be followed by the words "but not limited to".

Where the context permits, others are otherwise illustrative and do not limit the meaning of the words preceding them.

2. SCOPE OF THE AGREEMENT AND COMPLIANCE WITH REQUIREMENTS

2.1. Subject of the Agreement

In accordance with this Agreement, BitHush_bot provides Users with the following services:

  • access to the Platform for exchange;
  • access to the BitHush_bot bot, as well as to the Personal Account and the Account on the Platform;
  • provides information necessary to use the Platform and carry out Transactions.

Based on this Agreement, BitHush_bot may also provide other services that are defined in the Agreement and/or that will be available on the Platform.

BitHush_bot reserves the right to choose markets and jurisdictions for its activities, and may also restrict or deny the provision of the Services in some countries to comply with the necessary rules, as well as at its own discretion, as specified in clause 2.2 below.

2.2. Compliance with the requirements

2.2.1. By registering on the Platform, you represent and warrant that:

  • You are over 18 years of age or have reached the age of legal capacity to enter into and be bound by a contract in accordance with applicable law;
  • You are an individual or legal entity, or other organization with full legal capacity and capacity and sufficient authority to enter into this Agreement;
  • You have not previously been banned from and temporarily restricted from using our Services and/or the Platform;
  • You do not currently have an Account on the Platform;
  • if you are entering into this Agreement on behalf of an entity of which you are an authorized Representative, you represent and warrant that you have all the necessary rights and authority to enter into this Agreement and to be bound by this Agreement on behalf of such entity.

2.2.2. Your use of the Services, the Bot and the Platform is subject to international control and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Funds on the Platform, you agree that you will comply with these requirements. You are not permitted to make or participate in Transactions on the Platform or use any Services if:

  • You are a person included United States Department of the Treasury to the List of Specially Designated Citizens or US Department of Commerce on the Prohibited Persons List or fall under EU financial sanctions regime or UK Treasury (hereinafter referred to as the "Sanctioned person");
  • You are located in or controlled by, or a resident or citizen of, an unrecognized country or territory or jurisdiction that requires a mandatory national license to operate a Cryptocurrency exchange business, or a special registration that BitHash_bot may not have;
  • You are an individual who does not meet any BitHash_bot standards, requests or requirements regarding User due diligence measures, or is in a high-risk group, including but not limited to the factors listed above.

Depending on the User's place of residence, there may be other factors that will restrict Users from using all or part of the Services. You are solely responsible for compliance with the relevant Laws in force in the territory of your residence (registration) and/or the territory of your stay, from which you enter the Bot and/or the Platform and/or use any Services.

In addition, BitHush_bot reserves the right to restrict or prohibit the use of the Platform and/or Services for certain jurisdictions, if required by applicable law, or our AML/CTF and KYC Policy provides for such a prohibition or restriction, as well as apply enhanced due diligence measures against Persons registered or wishing to register on the Platform who are in or controlled by, or are citizens of, or residents of jurisdictions that may be sanctioned.

3. PERSONAL OFFICE

3.1. General provisions

BitHush_bot provides access to information about the Platform, about the Exchange rate, about concluded Transactions and about placed Orders in the Bot without the need to go through the registration procedure.

At the same time, access to use the Platform, Account and Services is provided only through the Personal Account. To create a Personal Account, you must go through all the registration procedures provided for in this Agreement and provide BitHush_bot with all the necessary Account Data.

3.2. Registration

In order to register, you must provide BitHush_bot with your Account Data and accept the terms of this Agreement. You agree to provide complete and accurate information when you register on the Platform and agree to promptly update any information you are required to provide to BitHush_bot to ensure that such information is complete and accurate at all times.

Unless BitHush_bot and the User separately agree otherwise in writing, each User may register only one Personal Account and may not use two or more Personal Accounts. Violation of the requirement provided for in this paragraph is considered a gross violation of the Agreement. Each User (including any User that is a commercial organization or legal entity) can access the Platform and the Account through the Personal Account. If the User becomes a Person other than the registered one, such User is allowed to act through his Representative in order to provide access to the Platform, his Account and Personal Cabinet.

Failure to comply with the provisions of clause 3.2 will be considered a violation of this Agreement.

BitHush_bot may, in its sole discretion, refuse to register you on the Platform.

3.3. User identity verification

When registering on the Platform and gaining access to your created Personal Account, you agree to provide the Account Data requested to verify your identity. Identity verification is a mandatory procedure for all existing and new Users in accordance with the Anti-Money Laundering and Terrorist Financing Regulations (Amendment) 2019, which came into force on January 10, 2020. The Deposit and Withdrawal of funds will be blocked on the User's Account until a successful identity verification procedure is performed for such User's Account. At the same time, BitHush_bot reserves the right to completely limit the functionality of the Platform for Users who have not passed the identity verification procedure. Information, required in accordance with the procedure for verifying the identity of the User, is used specifically to detect cases of money laundering, terrorist financing, fraud and other financial crimes carried out on the Platform. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information and for purposes of complying with global industry data retention standards, you consent and permit us to keep records of such information for the duration of your Personal Account, and for eight (8) years after your Account is closed. You also give your consent and authorize us to send requests, directly or through third parties,

By providing the information required in accordance with clause 3.2 and this Section 3, you confirm that it is accurate and reliable. You further warrant that such information is true, complete, and will be promptly updated with any changes. If there is any reasonable doubt that the information provided by you is incorrect, untruthful, outdated or incomplete, BitHush_bot has the right to send you a notice requesting corrections, remove the relevant information directly and, as the case may be, terminate your access to all or to part of the Services. You are solely and solely responsible for any losses or expenses incurred while using the Services if you cannot be contacted through the Account Data that was provided by BitHush_bot.

By registering on the Platform and using your Personal Account, you authorize BitHush_bot to make, directly or through third parties, requests that BitHush_bot deems necessary to verify your identity or protect you and/or BitHush_bot from fraud or crime, as well as to take measures, as BitHush_bot reasonably deems necessary based on the results of such requests. You further acknowledge and agree that your personal information may be shared with credit reference agencies and fraud or financial crime prevention agencies and that these agencies may respond to our inquiries in full.

3.4. Requirements for using the Personal Account

In accordance with clause 3.2 of this Agreement, the Personal Account can only be used by the Person in whose name it was registered. BitHush_bot reserves the right to temporarily restrict the use, freeze or close the Personal Account if there are suspicions about its use by a Person who is not the Person in whose name the Personal Account was registered, unless the Parties have agreed otherwise in writing. You must notify BitHush_bot immediately of any unauthorized use of Your username, password or any other Account Data if You suspect or become aware of such unauthorized use. In such event, BitHush_bot shall not be liable for any loss or damage that results from any use by you or any third party (whether

3.5. Security rules for using the Personal Account

You must set your own username and password during registration. You can also change your password at any time after completing the registration process. You must ensure the security and safety of the password and other Account Data in order to prevent their disclosure to third parties, while You independently determine the best procedure for storing such information and data, as well as take measures to prevent their illegal or unauthorized disclosure and use .

You agree that Your Account Data is confidential information and You will not disclose such information to third parties. You also agree that You are solely responsible for taking the necessary security measures to protect the access data to Your Personal Area and Your Account Data and the consequences resulting from the failure to comply with such measures.

By registering your Personal Account, as well as entering into this Agreement, you agree that you will:

  • immediately notify BitHush_bot if you become aware of any unauthorized use of your Personal Cabinet and Account Data by any Person, as well as any other violations of security rules; until BitHush_bot receives a corresponding message from you, all actions performed using your Personal Account will be considered performed by you as the owner of the Account;
  • strictly comply with the mechanisms and procedures in force in the bot that relate to security rules, identity verification, trading, payment accrual, Withdrawal of funds;

4. ACCOUNT

4.1. General provisions

After registering on the Platform, you get access to your Account through your Personal Account. You can manage your Account and Personal Cabinet both manually and generate requests for transactions with your Account on the Platform automatically.

All Funds transferred to the Account belong to you. Interest is not calculated on the amount of the balance of Funds that are placed on Your Account, and BitHush_bot has no obligation to pay You such interest.

All operations on the Account are carried out according to your order, executed in the proper form on the Platform through your Personal Account. Unless otherwise provided by this Agreement or other agreements between the Parties, BitHush_bot does not accept any Orders or instructions to perform any transactions on your Account from third parties.

BitHush_bot indicates in the User's Personal Account the information necessary for the Deposit and Withdrawal of Funds.

You acknowledge and agree that the Deposit and Withdrawal of Cryptocurrency funds to/from Your/Your Account may take up to 3 (three) months, excluding the occurrence of unforeseen or unavoidable network problems.

4.2. Deposit

BitHush_bot keeps track of the Funds credited to the Account.

For the Deposit, you need to transfer the Funds, according to the details specified by BitHush_bot in the User's Personal Account. We may request documentation to verify the source of such Funds with which the Account is Funded. While we are verifying the source of Funds that are Funding the Account, we will withhold such requests for Deposit until we have been provided with appropriate documentation acceptable to us.

The transfer of Funds within the framework of the Deposit, and in the process of making Transactions between you and BitHush_bot, may be carried out by third parties (electronic money issuers, payment service providers, etc.). BitHush_bot does not bear any responsibility for the actions of such third parties. You are solely responsible and liable for all fees and charges associated with such transfer of Funds, and you also assume the risks associated with the provision of incorrect payment details by you.

BitHush_bot also reserves the right to restrict and/or prohibit Deposits and Withdrawals from/to certain regions and jurisdictions, as may be necessary in accordance with the requirements of electronic money issuers, payment service providers, etc.

The deposit is considered to be made at the moment the corresponding amount of Funds is credited to the User's Account on the Platform. Although the Platform is normally open 24 hours a day, some Deposits, depending on the method used, may only be processed and credited to the relevant User Account during regular business hours in the time zone (+8 GMT). The number of confirmations for the full crediting of the Cryptocurrency to the Account may differ from the number of confirmations required to display the Funds on the Account according to the information specified in the relevant section of the User's Personal Account on the Platform, and in this case, BitHush_bot will not be responsible for any prior notification of Users regarding such changes the number of required confirmations.

In the case of a Cryptocurrency Deposit, the amount of Cryptocurrency that is credited will not be fully available on the User's Account until it is fully credited, namely: until a certain number of confirmations are received by the network, depending on the type of Cryptocurrency.

BitHush_bot has the right to set and change the minimum / maximum limits on Deposit and Withdrawal of funds, as well as introduce or remove restrictions on the withdrawal of coins presented in BitHush_bot at its discretion. BitHush_bot will not be responsible for any prior notice to Users regarding such changes. Wherein:

  • if the Deposit was made to the Account in an amount that is less than the established minimum for crediting, the Funds are not subject to crediting to the User's Account on the Platform, and are not refundable to the User;
  • Deposits, the size of which does not meet the established minimum, are not summed up.

BitHush_bot has the right, subject to Your express consent made from the Personal Area, to apply the recurring payment system to Your Account. Thus, you can give your consent for a specific Deposit method that supports such functionality, to make future automatic regular payments as a Deposit from your payment card that you connect to the regular payment system and a specific Deposit method. The Recurring Payment System may be applied to Your Account and a specific payment card subject to Your prior authorization to apply this feature to a Deposit method that supports the Recurring Payment System. Regular Payments will allow you to make automatic Deposits on a one-time, recurring or sporadic basis, without entering your payment card details for each such Deposit transaction. You can cancel the system of regular payments at any time in your Personal Account.

4.3. Withdrawal of funds from your Account

To Withdraw funds from your Account, you need to fill out the appropriate form in your Personal Account. In the event of Your refusal to conduct a Withdrawal of Funds, the funds remain in Your Account.

The confirmed withdrawal is irreversible.

4.4. Suspicious transactions

If you discover suspicious transactions or activities, including, but not limited to, Deposits and Withdrawals to/from your Account that are unknown to you, which were not initiated by you, you must immediately notify BitHush_bot. In such case, BitHush_bot will provide You with instructions for the next steps You must follow to protect Your Account. Otherwise, BitHush_bot reserves the right to freeze the balance of Funds in such Account until the end of the investigation.

BitHush_bot may also cancel or revoke an already completed Withdrawal at the request of financial institutions involved in settlement transactions related to Account Deposits and Withdrawals from the User's Account. In such cases, you are obliged to cooperate with BitHush_bot to find out the reasons and grounds for such a requirement.

5. BIDDING

5.1. General Provisions and Description of the Intermediary Model

In terms of trading, BitHush_bot operates under the Intermediary Model, which means that You acknowledge and agree that BitHush_bot will always be Your sole counterparty in Your Transactions on the Platform, and BitHush_bot will participate in such Transactions before, after or at the same time as you when you place the relevant Order. After we receive an Order from you, we find parallel Orders from other Users in order to execute your original Order through a Transaction. We enter into such a Transaction as a principal.

We will act as a principal on our behalf and not as an agent acting on your behalf. Bidding with you will be carried out by us only on the terms that we act as a contractor. We will not give you investment advice regarding any aspect of trading between us. We are under no obligation to verify the validity of your trades with us, or to monitor or inform you of the execution of any of your Orders. You bear all the risks associated with your trading.

We do not provide you with any tax advice. You will at all times be responsible for paying all taxes due as a result of your trading with us and for providing the relevant tax authorities with any information requested from you.

We hereby inform you that taxation may apply to you and you may incur expenses that are not related to us and are not paid through us. You are responsible for ensuring that all taxes are paid on time.

You acknowledge that an Order should only be issued by you after careful consideration, and you understand and accept all consequences of its execution.

We will accept and execute an Order placed by You provided that there are sufficient Funds in Your Account to execute the Order You wish to place and You are not in breach of this Agreement.

5.2. Trading mechanics

An order may only be placed on the Platform online through the BitHush_bot Working System. We will not accept and will not be required to execute any Order placed in any manner other than the above.

The Platform is open for Trading 24 (twenty-four) hours a day, except for emergencies, temporary shutdowns or scheduled maintenance (“Trading Hours”). You may access the Platform, place Orders and execute Transactions only during Trading Hours.

Your Order is registered on the Platform after checking that there are sufficient Funds in your Account. BitHush_bot controls the ability of Users to enter into Transactions and thus reduces the risk of default by the User of obligations under each Transaction. The Platform does not register an Order if there are not enough Funds on the Account to complete the relevant Transaction.

The prices you may trade with us will be the prices we receive on the Platform for the Currency Pair in which you submitted your original Order. In some cases, we may, in our sole discretion, obtain prices from brokers or other cross-networks and multi-party trading facilities that provide prices for the relevant Currency Pairs (“Third Party Sources”).

Our counter Order submitted by us automatically through the Platform for review will mirror the Order we received from you. Various factors such as the volume of Your Order and the liquidity of the relevant Currency Pair in which You have placed such Order may affect whether Our counter Order will be partially or fully executed on the Platform (including the price at which such Order may be executed through platform). Prices on our Platform are constantly changing and we do not guarantee that the price you see when placing an Order in the BitHush_bot Working System will be the price at which your Transaction will eventually be executed.

We cannot guarantee that Our Counter Order will be fully executed on the Platform. Our ability to complete a Transaction through Your Account is dependent on Our ability to execute Our counter Order on the Platform or obtain the corresponding price of Currency from a third party Source. Only when Our counter Order is fully executed on the Platform or at the Third Party Source will Your Order be executed.

You may cancel any portion of Your Order, provided that the relevant portion of Our counter Order that relates to the portion of the Order You wish to cancel has not been executed on the Platform or matched at a Third Party Source. Once Our Counter Order has been fully executed, You may not cancel Your Order.

Once a matching offer for Our Counter Order is found on the Platform, Our Counter Transaction will be executed on the Platform to fulfill Your original Order (“Our Counter Transaction”). Once Our counter Transaction has been confirmed on the Platform, we will display that Currency Transaction in Your Account at the same price and in the same volume as Our counter Transaction.

However, if we obtain a price from Third Party Sources, we will enter into a trade transaction with such third party offering that price (which will also be treated as Our Counter Transaction for the purposes of this Agreement), and once we do so, Your Order will be executed in Your Account at the same price and in the same volume as Our counter Transaction.

Your Order Price will be the price at which Our Opposite Transaction was opened in whole or in part on the Platform or with a Third Party Source (“Open Price”). Our Counter Orders may involve the execution of many of Our Counter Transactions to fulfill Your Order in whole or in part. In the event of a plurality of Our counter Transactions in order to execute Our counter Order, We will place multiple Orders with You in order to execute Your Order, and the Opening Price may differ in each instance of entry into a trade.

The price at which Your Order will be executed will be the price at which all or part of Our counter Transaction was executed on the Platform or using Third Party Sources (the “Closing Price”). If Our Counter Transaction closes in tranches, You will receive the price We receive through the Platform or from a Third Party Source for the portion of Our Counter Transaction that closes. In this case, you will receive the price in several tranches in order for the Transaction to be executed.

Each Transaction through your Account will be binding on you notwithstanding that by placing an Order you may have exceeded any limit applicable to your trading with us.

6. TYPES OF ORDERS

6.1. Buy order

Buy Order means the User's offer to buy a certain amount of Funds at the current exchange rate.

Order execution will be at the lowest Sell Exchange Rate available on the Platform at the time such Order is placed.

The BitHush_bot reward for the operation will be included in the purchase price.

6.2. Order to sell at market price

The Sell Order is understood as the User's offer to sell a certain amount of Funds at the current exchange rate.

Order execution will be at the highest Buy Exchange Rate available on the Platform at the time such Order is placed.

The BitHush_bot reward for the operation will be included in the purchase price.

7. PREVENTION OF ILLEGAL USE OF THE BOT AND THE PLATFORM

By accessing or using the Platform and/or the Services, you agree that you will comply with and comply with all laws, contracts, intellectual property rights or other rights of third parties and will not commit offenses and that you are solely responsible for your conduct when use of our Platform and Services. Without limiting the foregoing, you agree that you will not:

  • use our Services in a manner that may disrupt, adversely affect, or prevent other Users from fully enjoying our Services, or that may in any way damage, disable, overburden, or disrupt our Services;
  • use our Services to pay for, support or otherwise engage in any illegal gambling, fraud, money laundering, terrorist activities or other illegal activities;
  • use or attempt to use the Personal Cabinet or Account of another User if you are not a Representative of such other User;
  • attempt to circumvent any material filtering methods we use or attempt to access any service or area of ​​our Services, Bot or Platform that you are not authorized to access;
  • develop any third party applications that interact with our Services without obtaining our prior written consent;
  • provide false, inaccurate or misleading information when registering on the Platform, when updating your User information or when communicating with us;
  • encourage or induce any third party to engage in any activity prohibited under this Section 7 of the Agreement or prohibited by law.

8. RISK WARNING AND USER ACCEPTANCE OF SUCH RISKS

Trading commodities and assets, real or virtual, and Cryptocurrencies involves significant risk. Prices may fluctuate on a daily basis. Such price fluctuations can increase or decrease the value of your assets at any time. Any currency - virtual or not - can be subject to significant fluctuations in value, as well as completely depreciate. There is an inherent risk that losses will arise as a result of buying, selling or any trading in the market.

Cryptocurrency trading also involves specific risks that are not normally associated with Fiat money, commodities, stocks or any other form of asset trading. Unlike most Fiat money, which is guaranteed by governments or other legal entities, or commodities like gold or silver, Cryptocurrencies are unique types of currencies backed by technology and trust. There is no central bank that can issue more currency or take action to protect the value of Cryptocurrencies in times of crisis.

Cryptocurrency trading is often subject to irrational (or rational) bubbles or loss of confidence, which can cause demand to fall relative to supply. For example, the credibility of Cryptocurrencies may fall due to unexpected changes to them from the developers of such Cryptocurrency or others, government measures, the creation of superior competing alternative Cryptocurrencies, and deflationary or inflationary spirals. Trust in Cryptocurrency can also be reduced due to technical issues: if the anonymity of the system is compromised, or if Cryptocurrency is lost or stolen, or if hackers or governments can prevent any transactions from taking place.

There may also be additional risks that we have not foreseen or identified in this Agreement.

In light of the foregoing, you understand that all transactions with Cryptocurrencies are irreversible and that Funds received as a result of a Transaction can only be returned on the basis of a separate additional agreement. You may not cancel, refund or modify any Order that is marked as filled.

You represent that you are aware of and that you understand and agree that: neither BitHush_bot, nor any of the Members of the BitHush_bot Group or any Third Party Provider, directly or indirectly, can be held responsible, have any obligation in relation to or in any way - in any way guarantee the execution or payment for any Transaction entered into by the User on the Platform, and none of the Members of the BitHush_bot group or the Third Party Provider shall have any liability to the User or any other Person for any Transaction made through the Platform.

9. INTELLECTUAL PROPERTY AND LIMITED RIGHT OF USE

9.1. Intellectual property

You acknowledge and agree that BitHush_bot is the sole owner of (except to the extent that the rights and interests are owned by third party licensors (including any Third Party Providers)) of all rights, title and interest in and to the IP Rights. You shall not obtain any rights in respect of the IP Rights, except for those limited rights that BitHush_bot grants to You in accordance with

9.2. You must take all steps necessary to maintain the confidentiality of all documents and materials provided by BitHush_bot or any third party providers (including Third Party Providers) in relation to the Bot, the Platform and each of their components. You have no right:

  • change, maintain, improve or otherwise modify the Bot and/or the Platform;
  • disassemble, decompile, reverse engineer, copy, fix errors, fix, update, transfer, translate or create derivative works based on the Bot and/or the Platform; and
  • take other explicit actions to open any equivalent of the Bot and/or Platform.

You acknowledge and agree that BitHush_bot will use information relating to your identity and use of the Bot and the Platform in accordance with its Privacy Policy, as amended and supplemented. You acknowledge and agree that BitHush_bot is the owner of the Aggregate Data and BitHush_bot is permitted to modify, use, license and sublicense the use of the Aggregate Data in its sole discretion, provided that BitHush_bot shall ensure that any such disclosure of the Aggregate Data will not enable any to a third party to identify you as the source of any specific data about your trading on the Platform without your consent.

9.2. Limited right of use

Subject to Your compliance with the terms of this Agreement, You are granted a limited, revocable, non-exclusive, royalty-free and non-transferable license to access and use the Bot and Platform for the Term for the purposes set forth in, and in accordance with, this Agreement.

All rights not granted under this Agreement shall be deemed not granted. Accordingly, you are prohibited from using the Services in any manner not expressly permitted by this Agreement.

Unless otherwise noted, all materials on this Bot are the property of BitHush_bot and are protected by copyright, trademark and other applicable Laws. You may view, print and/or download a copy of the materials from this Bot solely for your personal, informational and/or non-commercial use, subject to all copyright and other proprietary notices.

The trademarks, service marks and logos of BitHush_bot and others used in this Bot and/or Platform (“Trademarks”) are the property of BitHush_bot. The software, texts, images, graphics, data, prices, trades, video and audio used on this Bot and/or on the Platform also belong to BitHush_bot. Trademarks and materials must not be copied, reproduced, modified, republished, uploaded, hosted, transmitted, scraped, collected or distributed in any form or by any means, either manual or automatic, without the prior consent of BitHush_bot..

10. USE OF OUR TECHNOLOGIES

10.1. Bot and Platform Control

You acknowledge and agree that BitHush_bot will have absolute control over the Platform and the exclusive right to make any changes to their functionality, configuration, appearance and content, including:

1.   the parameters and protocols by which Orders and Transactions are placed, routed, matched or otherwise processed on the Platform; and

2.   Your access to the Platform or specific Currency Pairs or the right to conduct Transactions anywhere, anytime or in any territory.

10.2. Bot Availability

We do not guarantee that this Platform will be available 100% of the time for use. We will strive to provide you with the Services as soon as possible, but we do not guarantee uninterrupted access to the Platform and the absence of any delays, failures, errors or loss of transmitted information and data.

We will use reasonable efforts to ensure that you can access the Platform in accordance with this Agreement. However, we may suspend your use of the Platform for maintenance purposes and will use reasonable efforts to notify you. You acknowledge that this may not be possible in an emergency and you assume the risk that you may not always be able to use the Platform or conduct urgent Transactions using your Account. In addition, periods of time before and after maintenance of the Bot and the Platform may be subject to high volatility in the price of the Currency, which may lead to unexpected market movements. By accepting this Agreement,

10.3. External sites

BitHush_bot makes no representations about any external or third party website that you may access through the Site. Occasionally, a bot may contain references and/or links to other sites ("External Sites"). We do not control these External Sites or third party websites, or any of the material contained therein. You agree that we are not responsible for External Sites to which this Site may refer and/or link, including, but not limited to, website content, policies, outages, promotions, products, opinions, advice , statements, prices, activities, as well as advertisements, services or activities and / or any damages, losses, failures or problems caused by, related to or arising in connection with access to these sites. You assume all risks

External sites have separate and independent terms of use and related policies. We ask you to read the rules, policies, terms and conditions of each site you visit. You must take precautions to ensure that whatever you choose to use is free from viruses, worms, Trojan horses, and other malicious software.

10.4. Security and viruses

Any use of the Internet may be subject to a virus attack and/or communication failure. BitHush_bot is not liable in any way for any damage or interruption caused by computer viruses, spyware, Trojan horses, worms or other malware that may affect your systems, computer or other equipment, or any phishing, spoofing or other virus attacks. BitHush_bot recommends that you always use reliable and affordable virus scanning and prevention software. You should also be careful when viewing text messages and emails that purport to be from BitHush_bot, as text messages and emails are also vulnerable to phishing, spoofing, and other viruses.

10.5. The accuracy of information in the bot

While we intend to provide accurate and up-to-date information in BitHash_bot, it may not always be completely accurate, complete or up-to-date, and may also contain technical inaccuracies or typographical errors.

As noted above in clause 10.3, links to materials from third parties (including any websites) may be provided as a convenience, but such links and their materials are not controlled by us. You acknowledge and agree that we are not responsible for any information, materials or services contained in any such third party materials accessed by BitHash_bot.

11. TEMPORARY RESTRICTION AND TERMINATION OF USE

You can unilaterally terminate this Agreement and close your Account at any time after the withdrawal of all funds from BitHash_bot. In addition, in accordance with clause 3.3 of this Agreement and subject to the requirements of law and compliance with legal regulations, BitHash_bot stores Your data provided to us as part of the User identity verification procedure for 8 (eight) years after the date of termination of Your Account.

Notwithstanding any other provision of this Agreement, You acknowledge that BitHash_bot has the right to restrict Your access, set You limits on deposits/withdrawals, or temporarily suspend Your access to BitHash_bot, either in full, or in respect of certain Currency Pairs or Transactions, or to terminate the transfer any Data or other information, or to refuse to enter into, execute or conduct any Transaction.

Any action taken by BitHash_bot pursuant to this Section 11 will continue for as long as BitHash_bot determines as reasonable, necessary or desirable. You agree that

  • any evasion or any attempt to evade access restriction, setting limits or suspension in accordance with Section 11 of the Agreement is a material breach of this Agreement;
  • taking any action in accordance with this Section 11 is a right and not an obligation of BitHash_bot.

In addition, You acknowledge and agree that, in the event of any circumstances, BitHash_bot may cancel a Transaction previously executed by You using the Platform.

You further agree that BitHash_bot will not be liable in any way for your failure to execute a Deposit, Withdrawal or Transaction when your Account is subject to suspension for any of the aforementioned reasons.

12. REPRESENTATIONS AND WARRANTIES

12.1. Your representations and warranties

As of the date of this Agreement and the date of each Transaction, You represent and warrant to BitHash_bot and agree in favor of BitHash_bot, its Affiliates and their respective Representatives that:

  • You have reviewed all documents provided to you in connection with the BitHash_bot Services and the Platform, and you understand and agree that your trading relationship with BitHash_bot will be governed by these documents, as amended. You should not apply to register yourself with a bot for the purpose of creating a Members Area or trading with us unless you are aware of how our Services or Platform work or the nature of the risks involved.
  • For the purposes of fulfilling (by electronic acceptance or other means through the Platform or by email) the terms of this Agreement and all transactions contemplated by this Agreement, and the fulfillment of all obligations contemplated by this Agreement, all appropriate permissions have been obtained from you; and each Person executing this Agreement (or authorized to accept its terms electronically or otherwise) and entering into each Transaction under this Agreement on Your behalf has been duly authorized to do so.
  • All information provided by you to BitHash_bot, including but not limited to information provided in your Personal Account, is true, accurate and not misleading in all material respects.
  • This Agreement and each Transaction constitutes a legal and enforceable obligation for You to be performed in accordance with its terms.
  • Your performance of this Agreement and the conclusion of each Transaction contemplated by this Agreement, as well as your performance of your obligations under this Agreement and your use of the Platform, including the execution of Transactions under this Agreement, will not be a violation of any applicable Law.
  • You have sufficient experience and knowledge necessary to make informed decisions regarding Transactions and You will not rely on any communication or statement (whether written or oral) by BitHash_bot as an investment advice or recommendation to enter into any Transaction.
  • You will exercise good judgment, judgment and discretion in determining whether to enter into a Transaction or otherwise engage in activity on the Platform.
  • You (or the Person accessing the Platform) are acting as principal and not on behalf of any third party, unless You are a User Representative.

13. LIMITATION OF LIABILITY

13.1. Limited Warranties

YOU UNDERSTAND AND AGREE THAT THE PLATFORM, ITS COMPONENTS, INTERFACES, ANY RELATED EQUIPMENT, ANY DOCUMENTATION, DATA AND OTHER MATERIALS AND EXISTING TECHNOLOGY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS Neither a member of the BITHASH_BOT group, nor a third person-provider provides you (and a member of the Bithash_bot group excludes the present) any obvious or implied guarantee of suitability for a specific purpose, lack of violations or any guarantee that may arise from the method of implementation, and conclusion of transaction ON THE PLATFORM OR USUAL BUSINESS.

WITHOUT DAMAGE TO THE FOREGOING, BitHash_bot MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND REGARDING THE TIMELINESS, ACCURACY OR COMPLETENESS OF ANY DATA OR OTHER INFORMATION ON THE PLATFORM OR REGARDING THE RESULTS YOU OBTAIN BY ACCESSING OR USING THE PLATFORM. Bithash_bot member does not bear any responsibility for claims related to any software, any technology, any equipment, platform, existing technology, data or any other information, materials, currency or the fact that access to the platform meets your requirements or that ACCESS TO IT MUST BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE, FREE OF ERROR OR DEFECTS.

YOU ACKNOWLEDGE THAT THE SOFTWARE AND HARDWARE USED BY YOU MAY NOT SUPPORT SOME FEATURES OF THE PLATFORM.

13.2. Lack of recommendations

Neither the BitHash_bot Group Member nor any Third Party Provider recommends, endorses, advocates or warrants any Currency, Currency Pair or Transaction that is present or transacted on the Platform. You acknowledge the significant risks associated with the digital currency markets and trading Transactions. BitHash_bot does not provide financial, tax, employment, legal or investment advice. Any information about prices, quotes, forecasts, estimates of returns or historical performance is for informational purposes only and does not guarantee the future performance of Currencies or other assets and does not constitute an offer to buy or sell, or a strong recommendation to buy or sell any Currency or other assets, or to exercise any Transaction with any Currency. You agree to that the Platform is not and cannot be considered the main reason for Your decision to make any Transaction, and the BitHash_bot Group Member is not and cannot be considered Your financial advisor or fiduciary trustee. By entering into this Agreement, you acknowledge that any use of the Data or other content of the Platform is carried out solely under your responsibility.

13.3. Disclaimer

You understand and agree that, provided that we have taken reasonable precautions, properly provided our Services, and have fulfilled all of our obligations under this Agreement, BitHash_bot shall not be liable for any incidental, punitive, special or consequential damages, for any loss of profits, loss of data, loss of the ability to use the Platform, business downtime, loss of goodwill, costs of replacing services, or costs of downtime incurred by You, Your Affiliates and any other Person as a result of entering into or in connection with this Agreement, even if You, Your Affiliate or other Person has been previously advised of the possibility of such a loss.

Notwithstanding any other provision of this Agreement, the aggregate liability of BitHash_bot for any losses suffered by you, your Affiliates or any other Person for any reason related to or arising out of this Agreement or the use of the Platform or otherwise related to the Platform, regardless of method or procedural form of recovery is limited to the amount of the commission determined by the Commissions and Limits and paid by you in favor of BitHash_bot for all Services provided to you within 3 (three) months prior to the occurrence of the event that entailed such liability.

14. DISCLAIMER

You agree to defend, hold harmless, and hereby indemnify BitHash_bot from and against any loss, damage, expense, claim, suit, fine, including legal fees, incurred by the BitHash_bot Group Member, which is a direct or indirect consequence of:

  • your use of the Platform;
  • Your failure to fully and promptly fulfill any of Your obligations under this Agreement, including Your failure to fulfill Your obligations under any Transaction or Order;
  • that any of your representations or warranties made under this Agreement are or have become false or incorrect;
  • your use of the Platform, your Personal Area or your Account by any other Person, unless that Person is your Representative, using your password or any other Account Data, whether done with or without your knowledge;
  • any violation by you of any Law, rule, regulation or rights of third parties.

15. DISPUTES RESOLUTION

In the event of any disputes on the issues provided for in this Agreement, the Parties will take all possible measures to resolve them through negotiations.

If the Parties are unable to reach an agreement by negotiation, any dispute arising out of or in connection with this Agreement, including any matter relating to the nature, existence, validity or termination of this Agreement or this Section 15, shall be settled and finally resolved in the Hong Kong Court of Arbitration. .

In the event of any disputes regarding the execution or interpretation of this Agreement that cannot be resolved amicably or by arbitration, BitHash_bot has the right to seek resolution of the dispute in the Court at the place of residenceZhi Rui Trading (Hk) Limited.

16. CHANGES TO THE TERMS OF THE AGREEMENT

BitHash_bot has the right to unilaterally change the terms of the Agreement, Privacy Policy, Cookie Policy, AML/CTF and KYC Policy, Services and Fees, Cross Deposit Recovery Policy, Refund Policy, and Fees and Limits. Such changes come into force after 3 (three) days from the date of publication of a new version of the relevant documents on the Site.

If you do not agree to the terms of the new version of the User Agreement, Privacy Policy, Cookie Policy, AML/CTF and KYC Policy, Services and Fees, Cross Deposit Recovery Policy, Refund Policy, and Fees and Limits, you must stop using BitHash_bot.

You agree that notwithstanding any statute of limitations or other law to the contrary, any claim or cause of action arising out of or related to the use of BitHash_bot , the Platform or this Agreement must be filed within 3 (three) months after the occurrence of such claim or action, otherwise they will be extinguished by the statute of limitations.

17. PRIVACY AND DISCLOSURES

17.1. Confidentiality

You agree that you will keep confidential and maintain the confidentiality of any Confidential Information relating to BitHash_bot, Group MemberZhi Rui Trading (Hk) Limitedor their Affiliates, obtained by You in connection with entering into this Agreement or any investigations conducted in connection with this Agreement, and, if applicable, You will also ensure compliance with such obligation by Your officers, employees and consultants to whom such information was disclosed . The obligations under this Section 17 do not apply to Confidential Information that:

  • was lawfully at your disposal prior to the conclusion of this Agreement;
  • voluntarily disclosed to you by third parties, unless such parties are in breach of any obligation not to disclose such information;
  • voluntarily made public by BitHash_bot
  • already known to the public.

17.2. Disclosure of information about the User

BitHash_bot will not share or otherwise communicate information about Users and/or potential Users of the Bot other than its Representatives in the normal course of business of BitHash_bot.

BitHash_bot may also share your Personal Data with law enforcement, data protection authorities, government officials and other Government Authorities if:

  • it is required by law;
  • it is required by compulsion on the basis of a subpoena, court order or decision, or other legal process;
  • BitHash_bot believes that such disclosure is necessary to prevent loss or financial loss;
  • disclosure is necessary to report suspected illegal activity;
  • disclosure is necessary to investigate violations of this Agreement or any applicable Law.

18. FINAL PROVISIONS

18.1. Notifications

Except as expressly provided by the Agreement and applicable law, all notifications, messages and documents regarding the fulfillment by the Parties of the obligations arising from the Agreement must be sent and considered received by the Parties if they are sent in a personal message in Telegram from your Telegram account of one of the Parties to authorized address of the other Party. Authorized addresses are:

  • for the User: the account from which the work was carried out in BitHash_bot;
  • for BitHash_bot: Telegram account -@BitHashSupport.

Any notices from us to you will be deemed to have been properly delivered if:

  • delivered in person, when delivered to the address of the respective party;
  • sent in a private message (from a Telegram account@BitHashSupport) to the Telegram account from which registration took place in@BitHash_Bot,

18.2. Exhaustiveness of the Agreement

This Agreement and any other documents referred to in it (including the integral substantive parts of this Agreement referred to above) constitute the entire agreement between the Parties and supersede any prior understandings, stipulated terms or agreements between them relating to the subject matter of this Agreement. Each Party acknowledges that, in entering into the Agreement, it does not rely on any statements, representations, representations or warranties ("Representations") of any Person (regardless of whether it is a Party to the Agreement), except as expressly stated in the Agreement or other documents specified in the Agreement.

18.3. Rights of third parties

The Parties acknowledge and agree that each BitHash_bot Affiliate is granted the rights and benefits under this Agreement and that each of them has the right to enforce these rights and benefits against the Parties.

18.4. The cumulative nature of remedies

Except as expressly provided in the Agreement, the rights and remedies provided in the Agreement are cumulative and do not exclude any rights or remedies provided by law.

18.5. Assignment of rights and obligations

You shall not assign the rights and obligations under this Agreement in any way without the prior written consent of BitHash_bot, and any purported assignment in violation of this clause 18.9 is void. BitHash_bot may assign the rights and obligations under this Agreement to another Person in connection with the transfer of all or part of the assets or business of BitHash_bot to an Affiliate or any third party. By accepting this Agreement, you give your irrevocable consent to the above assignment and/or transfer, including the transfer of your Personal Data, Account Data and other information, as well as the transfer of any Funds that are held in your account with BitHash_bot in the implementation of the specified concessions.

18.6. Applicable right

This Agreement, any non-contractual obligations arising from or related to this Agreement, as well as any pre-contractual matters shall be governed by and construed in accordance with the law of the Republic of Kazakhstan.

18.7. Data recording

You acknowledge and agree that any telephone conversations and other communications between you and BitHash_bot, including communications with BitHash_bot technical support, may, at BitHash_bot's sole discretion, be recorded with or without the use of an automatic audio alert device. In addition, You irrevocably agree and permit BitHash_bot to use such recordings and any transcripts thereof as evidence in connection with any dispute or litigation that may arise on any matter arising under or in connection with this Agreement, the Services under this Agreement, any Order or Transaction.

18.8. Other

In relation to issues that are not reflected in this Agreement, the Parties are guided by applicable law.

November 8, 2022, 14:20
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