Terms Of Service El Salvador
Last updated: November 4, 2026
CLAUSE 17 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THIS MEANS THAT, WITH LIMITED EXCEPTIONS, YOU WILL BE REQUIRED TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO SUBMIT ANY CLAIM AGAINST OKX TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ CLAUSE 17 CAREFULLY.
Thank you for using OKX!
These Terms of Service (“Terms”) constitute a legally binding agreement between OKX FINTECH, S.A. DE C.V. (“OKX”, “we”, “us”, “our” or first-person plural forms) and you, if you are a resident of El Salvador, and govern your right to access and use the websites, applications, digital asset trading platform, technologies and other products and offerings of OKX (collectively, the “Services”). You can find more details about OKX and its approved operating locations on our licenses page.
By accessing our Services, you will have the ability to participate in digital asset trading and you acknowledge that you have read and accepted these Terms, as well as any other policy or guideline expressly incorporated herein, including our Privacy Notice. In addition, you agree that these Terms apply to any account that you open with OKX or for which you are a representative or authorized signatory (your “Account(s)”). These Terms do not alter the terms of any other mutual agreement that you may have with OKX for products, services or otherwise.
If you do not agree to be bound by these Terms, you may not access or use the OKX Services. We recommend that you carefully review these Terms to ensure that you understand them. Any questions related to these Terms or the OKX Services may be directed to us.support@okx.com.
Amendment of these Terms: We may, in our sole discretion, amend, modify or update these Terms, including the OKX policies or guidelines incorporated herein (the “Updated Terms”). The Updated Terms will become effective upon actual, constructive or inquiry notice (the “Notice Date”) by posting the Updated Terms and changing the “Last updated” date at the top of the Terms, through a pop-up communication or by email, or by any other means that we deem sufficient to provide such notice. You agree that we will not be liable to you or to any third party for any loss caused by any modification or amendment of these Terms, including, but not limited to, any expense or tax incurred by you or any third party in the event that you choose to terminate your use of the Services and close your account instead of accepting the Updated Terms. Your continued use of the OKX Services after such Notice Date constitutes your express acceptance of the Updated Terms as of the Notice Date.
If you do not agree to be bound by the Updated Terms, your sole and exclusive remedy will be to terminate your use of the Services and close your account. You acknowledge that you may close your account without carrying out trades or transactions using the Services, and that such actions are not necessary to close your account. If you wish to close your account without accepting the Updated Terms, you may send us an email at us.support@okx.com to initiate such process.
Risk Acknowledgment: Digital asset trading involves significant risk. The value of digital assets, like that of any asset, may increase or decrease, and there may be a substantial risk that you lose money buying, selling, holding or investing in such digital assets. You are advised to consult with your financial, legal or tax advisor regarding your specific circumstances, risk tolerance and financial condition, and to carefully consider whether trading digital assets is suitable for you.
OKX is not registered with the United States Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. You acknowledge that digital assets are not subject to any type of deposit insurance or securities investor protection regimes.
1. GENERAL TERMS OF SERVICES
1.1 Trading Services: We provide online digital asset trading account services and a platform for spot trading of digital assets (also known as “convertible virtual currencies” in the U.S., or occasionally by others as “cryptocurrencies”, “crypto tokens”, “digital tokens” or “cryptographic currencies”), and we may facilitate margin loans subject to their being available and permitted in the relevant jurisdiction. Except as otherwise provided in sub-clause 1.8 or in other product-specific terms of service published by OKX, when you buy or sell digital assets using the Services, you do not buy or sell such digital assets from or to OKX. OKX's primary role is to act as a marketplace that facilitates digital asset trading by matching orders between users. Your account must be funded before trading begins, and any deposit of digital assets or fiat currencies from an external account must come from an account that you are authorized to control.
We may provide you with one (1) or more of the following Services with respect to digital assets:
1.1.1 Copy Trading: OKX's Copy Trading feature allows users to replicate the trading strategies of lead traders, leveraging detailed account information, trading histories and risk profiles to inform decisions. Users may set up stop loss features, cancel pending trades or stop copy trading at any time. OKX applies a limit of 500 copiers per trader and does not guarantee profits. Malicious trading is monitored, and violations may result in penalties, including downgrade or account disablement. This service is covered by article 19, letter b) of the Digital Asset Issuance Laws of El Salvador.
1.1.2 Bot Trading: Our customizable trading bot allows the use of automated strategies for spot and derivatives trading, which reduces risks and optimizes time. This service is categorized under article 19, letter b) of the Digital Asset Issuance Laws of El Salvador.
1.1.3 Digital Asset Trading: Using a pre-funded model, our order-matching platform facilitates trading 24 hours a day, 7 days a week for crypto-to-crypto and fiat-to-crypto pairs. Transactions are executed based on price and time priority rules, which ensures fairness and efficiency. This service complies with article 19, letter a) of the Digital Asset Issuance Laws of El Salvador.
1.1.4 Digital Asset Derivatives Trading: Clients may trade derivative products, including futures, perpetual futures contracts and options, with risk management measures in place. This service is aligned with article 18, letter f) of the Digital Asset Issuance Laws of El Salvador.
1.1.5 Over-the-Counter (OTC) Trading: High-volume trades may be carried out through our Over-the-Counter (OTC) desk by means of a request-for-quotation (RFQ) process. This avoids disrupting spot markets and complies with article 19, letter a) of the Digital Asset Issuance Laws of El Salvador.
1.1.6 Margin Trading and Loans: Clients may borrow digital assets by providing collateral. Risk management measures include liquidation engines for margin calls. This service is covered by article 19, letter e) of the Digital Asset Issuance Laws of El Salvador.
1.1.7 Earn: Clients earn rewards through staking and lending of digital assets. OKX matches lending orders with borrowing orders from other platform services. This service complies with article 19, letter e) of the Digital Asset Issuance Laws of El Salvador.
1.1.8 Fiat Currency Support: Users may deposit and withdraw fiat currencies through international bank transfers to and from their platform accounts. This service complies with article 19, letters a) and c) of the Digital Asset Issuance Laws of El Salvador.
1.1.9 Market Makers: To enhance liquidity, market makers may onboard to OKX El Salvador, subject to internal controls. This service is aligned with article 19, letter b) of the Digital Asset Issuance Laws of El Salvador.
1.1.10 Trade Facilitation: Liquidity providers or market makers facilitate the trading of spot, options and listed products on the platform. This service complies with article 19, letter b) of the Digital Asset Issuance Laws of El Salvador.
1.1.11 Digital Asset Loan Book: Users may lend or borrow on the blockchain (on-chain) with structured or flexible terms. Supported assets include BTC, ETH and USDT. This service complies with article 18, letter f) (3) of the Digital Asset Issuance Laws of El Salvador.
1.1.12 Custodial Wallet Services: Custody services are offered, including hot and cold wallets, to protect digital assets in a secure and transparent manner. This service complies with article 19, letter f) (2) of the Digital Asset Issuance Laws of El Salvador.
1.1.13 Tri-Party Custody Solutions: Institutional clients may leverage tri-party arrangements for the custody of digital assets, fiat currencies or securities. This service complies with article 19, letter e) of the Digital Asset Issuance Laws of El Salvador.
1.1.14 Credit Lines: Clients may access fiat currency credit lines for order books, in accordance with the laws of El Salvador. This service is aligned with article 19, letter e) of the Digital Asset Issuance Laws of El Salvador.
1.2 Accuracy of Information: While we make reasonable efforts to ensure that the information provided through our Services is accurate and to notify you in advance of any material change to such information, the information and content provided through the Services are subject to change without prior notice and are provided for the sole purpose of assisting you in making independent decisions. We do not guarantee the accuracy, adequacy, reliability, completeness, performance or fitness for a particular purpose of the content of any of the Services and, to the maximum extent permitted by law, we will not be liable for any loss or damage that may arise directly or indirectly from the content provided through the Services, your inability to access the Services, or any delay or failure in the transmission or receipt of any instruction or notice provided through the Services. We will not be liable, to the maximum extent permitted by law, for any use or interpretation of such information.
1.3 Service Availability: By using the Services, you acknowledge and agree that the Services are provided by OKX in accordance with its current technological and operational capacity. While we make reasonable efforts to ensure the continuity and security of the Services, we cannot anticipate or prevent all legal, technological and other risks, including, but not limited to, force majeure, viruses, hacker attacks, peak demand, volatility, high trading volume, system upgrades or maintenance, system instability, failures of third-party services, acts of government, actions of third parties or other issues that may result in service interruption, data loss or other losses or risks. You accept and acknowledge the possibility of a discontinuity or interruption of the Services and that, subject to these Terms, we will not be liable to you or to any third party if you are unable to access your Account(s) or use the Services.
1.4 Fees and Costs: Fees may be incurred for certain Services provided to you. You agree to pay the applicable fees in accordance with our fee schedule as published by OKX and as amended from time to time. We may change the fees for any Service from time to time, in our sole discretion. Please refer to clause 10 for more information. To access the Services, you must prepare and bear the costs of the following:
an Internet-connected device capable of securely accessing the Services, including, but not limited to, a computer or other Internet-connected terminal;
Internet access, including, but not limited to, any equipment necessary for such access, and
any other equipment, software or assistance necessary to securely access the Services.
1.5 Account Security: We will never ask you to disclose passwords or passphrases, or to transmit funds or digital assets (collectively, “Assets”) to bank accounts or addresses that are not listed on our trading platform. Do not rely on any information related to discounts or promotions that is not provided through the Services. To the maximum extent permitted by law, we will not be liable for any loss caused by the transmission of Assets to bank accounts or digital asset addresses that are not listed by OKX or are not provided through the OKX Services. Please refer to clause 4 for more information.
1.6 Changes to the Service: You agree that we may change or suspend any or all of the Services at any time. Please refer to clause 11 for more information.
1.7 User Information: We may investigate the background and purpose behind your use of the Services, and in some cases we are required by law to do so. You must provide complete, up-to-date and accurate information when we request it. You must also keep your contact information up to date at all times, and we will have no liability whatsoever if you fail to do so. If we have reasonable grounds to suspect that any information you provide is inaccurate, we may temporarily or permanently restrict your access to some or all of the Services. In the event that we temporarily or permanently restrict your access to some or all of the Services, we will not be liable to you or to any third party as a result of such restriction. El Salvador-Specific Services
1.8 Our Role and Associated Order Allocation:
1.8.1 We may use the Services to trade our own corporate Assets from time to time, as principal or on behalf of a third party. Such activities may include, among other things, buying or selling digital assets, placing orders to buy or sell digital assets, acting as a market maker for certain digital assets and using the Services on an exclusive basis. Orders submitted and trades made by us are not distinguished from other offers and trades on our platform (i.e., if we use the Services to make trades on our own behalf, our trades will not be prioritized over the trades of other users or treated in a different manner). Therefore, we may act as counterparty to any trade executed by you or other users of the Services without your knowledge.
1.8.2 We may become aware of certain information that constitutes “inside information” as defined in certain laws or regulations. We do not disclose such “inside information” to anyone, nor do we use such “inside information” to trade digital assets or attempt to benefit in any way from such information.
1.8.3 Our use of the Services may give rise to potential or actual conflicts of interest with other counterparties, including users. As part of such trading activity, as described in clause 1.8.1, we may enter into transactions with multiple counterparties, including users, whose individual interests differ. At times, we may hold positions or engage in transactions that are contrary to the interests of certain counterparties, including users. We have no fiduciary duty to you and we do not undertake to act in any fiduciary capacity.
1.9 Limited Terms of Services: Notwithstanding any provision to the contrary contained herein, if you are directed to the OKX Services through a third-party channel to complete certain transactions with credit cards, debit cards or local instant transfer methods, you agree and acknowledge that the services we provide to you are limited to those transactions, and that, regardless of the use of the words “purchase”, “sale” or similar terms, you are not granted full rights or privileges under this Agreement. We have no control over, and no responsibility for, the delivery, quality, safety, validity, legality or any other aspect of any good, service or technology that you may purchase or obtain from a third party (hereinafter, “Third-Party Services”). We are not responsible for ensuring that any third party with whom you transact provides the Third-Party Services or is authorized to do so. Please note that Third-Party Services may have separate costs and fees associated with the goods, services or technology they provide, which are independent of our fees and are your responsibility. If you experience a problem in connection with Third-Party Services or if you have a dispute with such third parties, you must resolve the dispute directly with the relevant third party. You are fully responsible for all acts or omissions of any third party with respect to your Account(s). Furthermore, you acknowledge and agree that you will not hold us liable for, and will hold us harmless from, any liability arising out of or related to any act or omission by any third party with access to your Account(s).
2. ELIGIBILITY AND PROHIBITION ON USE OF OUR SERVICES
2.1 Eligibility: If you register to use the OKX Services as a natural person, you represent and warrant that you are at least 18 years of age and that you have not previously been suspended or removed from use of the Services. Certain features may or may not be available to you depending on your location and other criteria. If you register to use the Services on behalf of a legal entity (e.g., corporate or institutional clients), you represent and warrant that such legal entity is duly incorporated and validly existing under the applicable laws of the jurisdiction of its incorporation; you also represent that you are duly authorized by such legal entity to act on its behalf, and that such legal entity agrees to be liable to us if you violate these Terms.
Furthermore, you represent and warrant that neither you nor any natural person or legal entity with direct or indirect ownership or control over your Account(s) is on any trade or economic sanctions list, such as the Specially Designated Nationals (Specially Designed National, “SDN”) lists of the Office of Foreign Assets Control (Office of Foreign Assets Control, “OFAC”), nor are restricted or prohibited by law enforcement agencies or regulatory authorities from interacting with us or using the Services.
You also represent and warrant that neither you nor any natural person or legal entity with direct or indirect ownership or control over your Account(s) (including sub-accounts, as applicable) is a resident of any jurisdiction where cryptocurrencies are prohibited or resides in a jurisdiction where the provision or use of the Services is illegal. The Services may not be available in all markets and jurisdictions, and we may restrict or prohibit the use of all or part of the Services in certain regions/territories in our sole discretion or as required by applicable laws or regulations.
Any natural person or legal entity subject to a prohibition on use due to sanctions imposed by the U.S. is also prohibited from using the Services. Accordingly, you also represent that you will only transact with eligible users, as defined above.
Within the U.S., OKX only provides its Services to users in specific states and territories. The content of these Terms is subject to the laws of the state or territory where you reside. As a consequence, if you do not meet certain eligibility requirements, you will be prohibited from using the Services.
You agree to provide a written certification of your compliance with this sub-clause 2.1 as soon as reasonably practicable following our request.
2.2 Prohibited Businesses: Any use of our Services in connection with any of the following categories of activities or businesses (“Prohibited Businesses”) is prohibited:
illegal, unlicensed or unregistered money services businesses or money transmission activities;
money laundering, terrorist financing, sanctions evasion, fraud or other financial crimes;
any Ponzi scheme, pyramid scheme or multi-level marketing program;
wash trading, front-running, insider trading, market manipulation or other forms of market-based fraud or deception;
the sale, purchase or facilitation of illegal goods or services, including through hidden marketplaces ("Darknet");
shell banks, or financial institutions that maintain correspondent relationships with shell banks;
gambling activities, including, but not limited to, sports betting, casino games, horse racing, dog racing, lotteries, games of chance, games of skill that may be classified as gambling (e.g., poker) or other activities that facilitate any of the foregoing;
restricted financial services, including, but not limited to, credit repair, debt settlement, refinancing, bail bonds or collection agencies;B| any other illegal activity, or activity that violates or contributes to the violation of any applicable law, regulation or sanctions program, or that involves proceeds from any illegal activity; and
any other activity that, in our sole and absolute discretion, we deem unacceptable or high-risk, including activity that may be restricted by our Financial Service Provider, or that poses a risk to our reputation, our operations or the integrity of our Services.
In the event that we become aware of or reasonably suspect, in our sole and absolute discretion, that any of your Accounts is or may be associated with any Prohibited Business, we will deem it to be in violation of these Terms and may suspend or terminate your Account(s), cancel any uncompleted transaction, freeze your Assets immediately without prior notice, or take any other action that a law enforcement agency, regulatory entity, our internal compliance department or any other authority deems necessary. We may also, with or without prior notice, report any suspected or actual Prohibited Business activity to a law enforcement agency, regulator or any other authority.
3. RISK DISCLOSURE
3.1 Trading risk: Trading digital assets involves significant risk. The risk of loss in trading or holding digital Assets can be substantial. Therefore, you should carefully consider whether trading digital assets (or any use of margin, if permitted/enabled) is suitable for your financial situation, risk tolerance or investment objectives. You should exercise prudence when trading your Assets. Prices may fluctuate, resulting in increases or decreases in value at any time. Any digital asset or trading position may be subject to large fluctuations in value and may even lose all of its value. Digital assets are not subject to any type of deposit insurance or securities investor protection regimes.
3.2 Currency conversion risk: You agree and understand that any credit card payment you make using a currency other than the United States dollar (USD) will undergo a standardized foreign exchange (“FX”) conversion process. During this currency conversion process, under certain circumstances, system errors and unexpected failures may occur. In the event of system errors or failures, as determined by us in our sole discretion, you may receive a balance in USD or USDT that could differ from the local currency balance with which you started at the beginning of your payment transaction. This could result in a risk of loss, and you agree that you will bear all costs related to any currency conversion risk arising from such system errors or failures.
3.3 Your responsibilities: You will bear any loss resulting from your actions, including, but not limited to, the following:
input errors or “fat-finger” instructions, including errors in price, quantity or timing (market order versus limit order specification);
incorrect or untimely submission of trading instructions;
forgetting or disclosing your password;
computer or network problems, including any hacking or virus issues related to your computer or network (or the network you are using);
depositing or withdrawing Assets to or from the wrong account;
execution of instructions provided to you by a third party, or
access to or use of your Account(s) by third parties for any reason.
It is your sole responsibility to ensure that all account information is verified before making any transfer so that the digital assets or fiat currencies are transferred to the correct account. You understand that a transfer of Assets to an incorrect Account, bank account or digital asset address is generally irreversible. If you transfer Assets to an incorrect account and such account is controlled by us, we will have sole discretion to reject the transaction and return the relevant amount of Assets to you, less applicable fees.
We take fraud and scams very seriously and work diligently to prevent them. However, we cannot be responsible for any loss incurred by you as a result of dealing with fraudulent companies or scams outside of our control and Services. It is your responsibility to conduct your own due diligence and to exercise caution when dealing with external entities. We strongly recommend that you purchase and transfer cryptocurrencies only to verified and trusted wallets. If you are the victim of a scam, we will cooperate with you and with any relevant authority to the best of our ability. However, we cannot guarantee the recovery of any lost Asset and we will not be liable for the value of any lost Asset or for any chargeback resulting from such losses. By using our Services, you acknowledge and agree to assume all risks associated with your Account(s) and your cryptocurrency purchases and transfers.
3.4 Our responsibilities for credit/debit card transactions: Our obligation to you as the cardholder is to provide a reliable and efficient platform for purchasing and depositing cryptocurrencies. Any digital asset you purchase with your credit/debit card will be credited to your account, and our obligation in this regard will be deemed satisfied when the amount of the digital asset you purchase is delivered and reflected in your account. We will not be liable for any subsequent loss that may occur. You are solely responsible for the management of these digital assets once credited.
3.5 Suitability and Execution Nature of the Service
(a) OKX provides an execution-only ("execution-only") service and does not provide advice on the merits of any particular transaction, on the associated trading risk, or on the tax consequences that may arise therefrom. OKX does not provide financial, investment, tax or legal advice in connection with the Services.
(b) OKX acts as a platform for the execution of orders and the custody of digital assets. Accordingly, OKX is not responsible for assessing: (i) whether the Services are suitable for a particular User; or (ii) whether a given transaction is suitable for a User’s needs.
(c) Any information provided by OKX through the OKX Platform, or by any OKX representative or relationship manager in the course of providing the Services —including, without limitation, quotes, reference prices, or market commentary communicated through voice, chat, or instant messaging channels— is for informational purposes only and does not constitute, and should not be construed as, financial advice, an investment recommendation, or an offer to buy or sell a digital asset. OKX does not guarantee the accuracy, completeness, or usefulness of such information, and such information should not be the sole basis for any investment decision.
(d) By accepting these Terms and executing any transaction, the User represents that they have been, are, and will be solely responsible for conducting their own independent assessment and investigation of the risks of each transaction and of the underlying digital assets, and that they have sufficient knowledge, sophistication and experience to evaluate for themselves the merits and risks of such transaction prior to its execution.
(e) The fact that an OKX representative assists the User in communicating an order, obtaining a quote, or executing a transaction —including through voice, chat or assisted messaging channels— does not alter the execution-only nature of the service provided, nor does it imply that OKX has assessed the suitability of such transaction for the User.
4. YOUR OKX ACCOUNT
4.1 Account registration and identity verification: To use any of the Services, you must first register to use the Services by providing all information requested by us, which may include your email address or mobile phone number, full name, date of birth, residential address, government identification number, taxpayer identification number, video identification authentication and other personal or company information necessary to verify your identity, as well as accept these Terms. You agree to provide such information at the time of registration and on an ongoing basis for purposes of identity verification and the detection of money laundering, terrorist financing, fraud or any other financial crime, including, among other things (as applicable), a copy of your government-issued photo identification or proof of residence, such as a lease agreement or a utility bill. If you are a U.S. tax resident, you also certify under penalty of perjury that all relevant U.S. taxpayer information you have provided is accurate and authentic, and you agree to complete and submit an IRS Form W-9 if we request it. If such information changes, it is your obligation to provide us with updated information as soon as possible. From time to time, we may send you requests to confirm or update the information you have provided. We may suspend access to your Account(s) if we do not receive an adequate response from you. We may, in our sole discretion, refuse to allow you to register to use the Services or limit your ability to register multiple accounts. By registering an account with us, you agree and represent that you will use that account only for yourself, and not on behalf of any third party, unless we approve such use. If you are a corporation, you must register a corporate account with us. An individual may not use their individual account for commercial purposes.
4.2 Protecting your Account: You agree not to allow anyone to use or direct your Account(s) unless we authorize it, and to keep us updated regarding any change in information or whether your account has been compromised. You are solely responsible for maintaining, protecting and safeguarding the keys, certificates, passwords, access codes, user IDs or other credentials and login information (collectively, “Credentials”) that have been provided to you or that have been generated in connection with your use of the Services. You are responsible for creating strong Credentials and maintaining the security and control of any and all Credentials you use to access the Services. If you lose your Credentials, you may not be able to access your Account(s). For any activity on your Account(s) that uses your Credentials, you authorize us to assume that you authorized such transactions, unless you notify us otherwise. If you notice or suspect that an unauthorized transaction has occurred using your Account(s) or that a transaction has been carried out incorrectly, you must contact us immediately with supporting documentation for your request by email at us.support@okx.com. It is your responsibility to regularly check your account balances and transaction history to ensure that you are aware of any suspicious account activity. We will not assume any liability, loss or damage arising from unauthorized or incorrect transactions due to your failure to comply with this sub-clause 4.2. Likewise, we assume no liability for your failure to follow or act in accordance with notices or alerts that we may send you.
4.3 Password recovery: If you lose your password(s), you may reset it (them) after verifying yourself through your registered email address or phone number. If you have 2-factor authentication (2-factor authentication, “2FA”) enabled through an authenticator application, you may also be asked to confirm your 2FA code. If you need to reset both your password and 2FA (e.g., you lost the 2FA application device or were unable to complete the 2FA migration), you must contact us.support@okx.com for further assistance and may be subject to enhanced identity verification procedures. These enhanced identity verification procedures are necessary to ensure the security of our users’ accounts. You agree to be subject to any enhanced identity verification procedure that we deem necessary. Refusal of such procedures may prevent you from accessing your Account(s).
4.4 Account closure: You may close your Account(s) at any time. Closing an account will not affect any rights or obligations incurred prior to the date of account closure. You may be required to cancel or complete all open orders and, in accordance with the provisions of these Terms, provide transfer instructions as to where to transfer any remaining Assets in your Account(s). You are responsible for any fees, costs, expenses, charges or obligations (including, but not limited to, attorneys’ and court fees or Asset transfer costs) associated with the closure of your Account(s). If the costs of closing your Account(s) exceed the value in your Account(s), you will be responsible for reimbursing us for the difference. Closing your Account(s) will not permanently delete your personal data, which we may be required to retain in order to comply with all applicable laws and regulations.
4.5 Account suspension and investigation: You expressly agree and acknowledge that we may investigate your Account(s) and suspend, freeze, block or temporarily or permanently restrict access to it (them), the Assets held therein or the Services at any time if we suspect, in our sole and absolute discretion, that there are grounds for such action, including, but not limited to, the following circumstances:
the account violates any of these Terms;
the account violates any applicable law or regulation;
the account violates anti-money laundering/counter-terrorist financing laws;
the account violates a requirement of a regulatory authority, a court order or other applicable law;
the account is subject to a lien, judgment or other asset forfeiture requirement (“Lien”) ordered by the government, a regulatory authority or a court;
the account is subject to pending litigation, investigations or governmental proceedings, or is related to any account that is;
the account has a balance that must be reconciled for any reason;
if we suspect that an unauthorized person is attempting to gain access to the account;
if we suspect that you are using your credentials or other account information in an unauthorized or inappropriate manner;
if we suspect that the account is related to any Prohibited Business as set forth in sub-clause 2.2;
if we suspect that there are suspicious or fraudulent activities on the account;
your use of the Services is malicious, manipulative, abusive or intended to obtain an unfair advantage, or
the account has not been accessed in more than one year.
Furthermore, you agree that we are not responsible for any increase or decrease in the value of your Assets relative to any fiat currency or any other asset or currency during such suspension, freezing, blocking or restriction of your Account(s), the Assets held therein or the Services.
In addition, you agree that we may take any action we deem necessary, in our sole and absolute discretion, including, but not limited to, closing your Account(s), imposing restrictions on account transactions, restricting your access to your Account(s), initiating legal action against you, reversing transactions or taking other measures available to us. We may also require you to bear all costs incurred as a result of such action taken by us under this sub-clause 4.5, including legal fees and costs.
4.6 Account termination: You agree and acknowledge that we have the right to terminate any Account at any time in our sole and absolute discretion. Furthermore, you agree and understand that we have the right to take any and all necessary and appropriate measures in accordance with these Terms or applicable laws and regulations, including, but not limited to, applicable escheatment laws and procedures. If your account is terminated, we will return your Assets, less the value of any discount or refund of trading fees, costs, expenses or damages to which we are entitled under these Terms. If your account is not subject to an investigation, court order or subpoena, you authorize us to return your fiat currency balance (less any discount or refund of trading fees, costs, expenses or damages to which we are entitled) to any bank account linked to your account, unless otherwise required by applicable law. If any digital asset remains in your account, you agree to provide us with a digital asset address held in your name upon receiving written notice, so that we can return the remaining digital assets to you.
4.7 Reversals and cancellations: You agree and understand that you may not cancel, reverse or change any transaction that has been marked as complete in your Account(s). We may refuse to process, or cancel or reverse, any transaction carried out in your Account(s) in our sole and absolute discretion, even after the related Assets have been debited from your Account(s), and we have no obligation to allow you to reinstate a buy or sell order at the same price or on the same terms as the cancelled transaction, if:
we suspect that the transaction involves (or has a high risk of involvement in) suspicious trading activities or violations of these Terms;
we have reason to believe that there was an obvious error in any term, including, but not limited to, price, quantity or any other information about the trade;
there was a disruption in or malfunction of any trading system, or
there were extraordinary market conditions or other circumstances in which the cancellation or modification of transactions became necessary.
4.8. Right of set-off and restitution: To the fullest extent permitted by applicable law, you expressly authorize us to freeze, debit, convert, withhold or liquidate any current or future Asset in your Account(s) to the extent necessary to offset, recover or satisfy: (a) any chargeback, payment dispute, fund withdrawal, ACH transfer reversal, credit error or other similar event; (b) any fee, charge or cost related to your Account(s); or (c) any Lien that we reasonably determine to be valid in our sole and absolute discretion. You acknowledge that you will be solely responsible for any and all tax consequences of any such action on our part. In the event that the disposal or liquidation of digital assets is inadequate to cover deficiencies, you agree that you will immediately deliver, in U.S. dollars, the total amount necessary to cure the deficiencies or will be liable to us for such deficiencies, plus attorneys’ fees, interest or expenses associated with the restitution of funds.
4.9. Credit reporting agencies and external collection agencies: You agree and acknowledge that, to the extent permitted by applicable law, we may use the services of external credit reporting and collection agencies for the restitution of any loss we incur as a result of transactions and activities in your Account(s).
4.10 Electronic delivery: We may be required to provide you with certain legal and regulatory disclosures, periodic account statements, confirmations, notices, tax forms and other communications (collectively, “Communications”) in writing. By accepting these Terms, you agree that we may send you such Communications in electronic format. The consent to electronic delivery applies to account statements provided each year. If you no longer have access to the account you previously used to receive Communications in electronic format, you must update your information pursuant to sub-clause 4.1 hereof, and you may contact Customer Service at us.support@okx.com to do so.
4.11. Electronic Communications:
(a) Acting on Electronic Communications. Where OKX reasonably believes that an instruction, request or other communication (an "Electronic Communication ") transmitted to OKX by electronic means —including, without limitation, through the OKX Platform, email, application programming interface (API), in-platform messaging, or any other electronic or instant messaging channel authorized by OKX (including corporate communication channels designated for services assisted by an OKX representative)— originates from you or is otherwise attributable to your Account, OKX is entitled and authorized to act upon and give effect to such Electronic Communication as if it were a valid instruction duly authorized by you, without any obligation to verify the authenticity or origin of such communication.
(b) Right to Verify Identity. Notwithstanding the foregoing, OKX is entitled, but not obligated, to carry out such additional inquiries or identity or authorization verification procedures as it deems appropriate before acting on any Electronic Communication. OKX’s decision not to carry out such additional inquiries or verifications in a given case does not create any obligation to do so in future cases, nor does it give rise to any liability on the part of OKX.
(c) Right to Refuse Instructions. OKX reserves the right, in its sole discretion and without any obligation to state reasons, not to act upon, to reject, or to refuse to give effect to any Electronic Communication or instruction that is, or appears to OKX to be, unclear, ambiguous, incomplete, or in any way insufficient to allow OKX to properly execute such instruction.
(d) Limitation of Liability. To the fullest extent permitted by applicable law, OKX shall not be liable for any loss, damage, cost or expense arising from: (i) any delay, failure, interruption or non-delivery of an Electronic Communication, whether due to technological disruption, system failure, network congestion, cyberattack or any other cause; (ii) the non-execution, partial execution or delayed execution of an instruction that OKX deems unclear, ambiguous or incomplete; or (iii) any action or omission taken by OKX in good faith in reasonable reliance on an Electronic Communication that it reasonably believed originated from you. You acknowledge and accept the risks inherent in the use of electronic means of communication, including the risk of loss of confidentiality, interception, alteration or unauthorized use by third parties beyond OKX’s control.P| (e) Validity and Irrevocability of Instructions. An Electronic Communication or instruction transmitted to OKX shall not constitute a valid or binding instruction unless and until it has been acknowledged by OKX, which may be evidenced by a confirmation message, system notification, order confirmation, or other form of acknowledgment issued through the OKX Platform or by any other means that OKX may determine from time to time. Once acknowledged by OKX, such instruction shall be irrevocable and binding upon you.
(f) Recordkeeping. OKX is entitled, but not obligated, to keep records of Electronic Communications (whether or not they result in a transaction), in the form and for the period that OKX deems appropriate, in accordance with the provisions of Art. 20 of the Regulations for Digital Asset Service Providers regarding the Electronic Ledger. Such records, in the absence of manifest error, shall constitute prima facie evidence of the content and authenticity of the corresponding Electronic Communication, and may be used by OKX in any dispute, legal proceeding, or regulatory inquiry before the CNAD or any other competent authority.
(g) You expressly consent that the communications you have with OKX through voice, chat, or instant messaging channels may be recorded, monitored, and retained by OKX for compliance, fraud prevention, and dispute resolution purposes.
(h) Indemnification. Without prejudice to any other indemnification obligation set forth in these Terms, you agree to indemnify, defend, and hold OKX harmless from and against any claim, loss, or liability arising from: (i) any Electronic Communication transmitted, or purportedly transmitted, from your Account, whether or not authorized by you; (ii) any breach of your obligations under this clause; (iii) any third-party claim arising from OKX's good-faith reliance on an Electronic Communication reasonably attributable to you; or (iv) any loss or damage suffered by any person as a result of the unauthorized use of your Account credentials or of the electronic communication channels associated with your Account.
5. DEPOSITS AND WITHDRAWALS
For the purposes of these Terms, deposits and withdrawals shall include the transfer and withdrawal of fiat currency or digital assets to/from your Account(s).
5.1 Fiat currencies: We may provide you with various fiat currency deposit and withdrawal options, including, but not limited to, wire transfers, ACH (or equivalent payment services), or indirect transfers to/from a Payment Service Provider (Payment Service Provider, “PSP”) or any bank account held by a PSP. The amount you deposit into your Account(s) may be placed on hold until the transfer settles. The name on the bank account linked to your transfer must match the verified name on your account. Not all options may be available at all times.
For eligible users, ACH transfer deposits may be available for immediate use in your account, and you will receive an email confirmation with the transaction details upon authorization of any ACH transaction. However, these funds and any digital assets purchased with such funds may be subject to a withdrawal hold period of up to ten (10) business days or longer, depending on your risk profile, as determined by us in our sole and absolute discretion (“Withdrawal Hold Period”). Once your ACH Withdrawal Hold Period has been satisfied, you may withdraw these funds and any digital assets purchased with them. In the event that an ACH transfer deposit is reversed or the associated funds are returned to your bank account and the previously credited funds have already been used, we will debit from your account an amount equal to the amount that was deposited. If this causes your account balance to become negative, you must deposit funds or sell all or a specified portion of your digital assets so that your account balance returns to a positive balance. If you do not do so immediately after your account balance becomes negative, we may, in our sole and absolute discretion and subject to applicable law, exercise the remedies set forth in these Terms to recover any amount you owe us, including, but not limited to, debiting, converting, or liquidating the Assets available in your Account(s) at a market exchange rate until such negative balance is recovered.
You agree and acknowledge that the deposit and withdrawal options mentioned above cannot be processed outside of normal banking hours, and settlement times may be subject to bank holidays, the internal processes and jurisdiction of your bank, the internal processes of our banks, or other delays caused by factors beyond our reasonable control. Furthermore, you agree and acknowledge that you are solely responsible for any negative balance in your Account(s) caused by such delays.
5.2 Digital assets: Digital asset deposits will generally be credited to your Account(s) after the required number of network confirmations on the blockchain for such digital assets has occurred, as determined by us in our sole and absolute discretion. Digital asset withdrawals will generally be processed at the speed of the corresponding digital asset network. You agree and acknowledge that digital assets are not legal tender, that they are not backed by the government, and that accounts and value balances are not eligible for any type of deposit insurance or securities investor protection schemes. Furthermore, you agree and acknowledge that deposits or withdrawals of digital assets may be delayed or affected by network outages or other conditions (whether controlled by us or a third party) for which we will not be responsible.
At any time you deposit digital assets into your Account(s) or initiate a withdrawal of digital assets from it/them, you must verify that all appropriate measures have been taken to ensure that the deposit or withdrawal is carried out correctly, including that the wallet address from which you initiate such deposit or to which you send such withdrawal is owned or controlled by you, and that your Account(s) accurately reflect(s) the transaction. You also agree to provide us with all information necessary to facilitate the deposit or withdrawal service. Digital assets may be subject to withdrawal minimums and related fees (see clause 10 below).
If you are a resident of Massachusetts, you also agree to withdraw digital assets only to a wallet located within the U.S.
6. FIAT CURRENCY BANK DEPOSITS AND BANK CUSTODY
Fiat currencies in your Account(s) are not held or custodied by us at any time. Fiat currencies are deposited directly and held in one or more segregated custodial accounts at one or more duly registered and authorized third-party banking institutions in trust for the benefit of OKX users. Fiat currencies are not held in accounts that are registered or designated in the name of any individual or single user of the Services.
7. THIRD-PARTY SERVICE PROVIDERS
You agree and acknowledge that we may use third parties, affiliates, or subsidiaries to collect, review, and transmit your data and activities from one or more of your financial institutions to us. By accessing or using the Services, you agree to grant the third-party providers that we may engage the right, power, and authority to access and transmit your transaction data, activity, and personal and financial information, whether directly from you or from one or more of your financial institutions, in accordance with the institutions' terms and conditions, privacy notice/policy, or other policies.
By using our Services, you agree that the data sources that maintain your Account(s) and any third-party provider that interacts with your credentials or account data in connection with our Services are not liable for any loss, theft, breach, or misuse in connection with our Services (including negligence), except to the extent that such liability cannot be limited under applicable law. For the purposes of these Terms, the “data source(s)” referred to herein mean a third-party source of information where a user has an account from which our third-party service provider retrieves information (for example, a URL, website, server, or document of a financial institution).
You agree that data sources make no warranties of any kind relating to the data provided by our Services, whether express, implied, statutory, or otherwise, unless each specific data source explicitly provides them. Except for documents configured in portable document format (“.pdf” or “PDF”) of official account documents, which we retrieve on your behalf and provide to you without alteration, no data provided by our Services is an official record of any of your Account(s).
8. USERS' RIGHTS AND LIMITATIONS OF USE
We grant you a limited, non-exclusive, and non-transferable permission, subject to these Terms, to access and use the Services solely for the purposes approved by us. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or otherwise exploit any part of our source code or similar proprietary or confidential data or other similar information without our prior express written consent.
You may not use the Services for any illegal purpose.
You agree that:
all rights, title, and interest in the Services and the associated software, website, and technology, including all intellectual property rights therein, are and will remain ours;
no right or interest in the Services is conveyed other than the limited licenses granted herein;
the Services are protected by copyright and other intellectual property laws, and
all rights not expressly granted in these Terms are reserved.
9.USER OBLIGATIONS/PROHIBITIONS
9.1 You will not register multiple accounts for any purpose unless we have previously approved it.
9.2 You will not use another user's account without proper authorization.
9.3 You will not use the Services to engage in or facilitate illegal activities.
9.4 You will not use the Services to engage in commercial activities or activities related thereto without our express written consent.
9.5 You will comply with all applicable laws and regulations and will assume responsibility and the legal consequences for your own actions when using the Services. Furthermore, you will not infringe the legitimate rights and interests of any third party.
9.6 If you violate or, based on our good-faith determination, we suspect that you violate any of the foregoing obligations, as determined in our sole and absolute discretion, we shall be entitled to take all necessary measures directly, including, but not limited to, removing any violating content posted by the user, freezing your Assets or Account(s), recovering any illegal gains, and initiating civil or criminal proceedings.
10. FEES
10.1 We reserve the right to set and charge the user service and maintenance fees in accordance with these Terms. We also reserve the right to formulate and adjust service and maintenance fees, set such specific fees for you, or terminate any promotional offer at any time.
10.2 Unless otherwise stated or agreed in writing, you agree that we may deduct the aforementioned service fees directly from the Assets in your Account(s) once the Services have been provided.
10.3 Information on current fees, including deposit and withdrawal minimums and network fees, is available here.
10.4 In our sole discretion, regional or jurisdiction-specific pricing may apply based on your place of residence or location.
10.5 If you do not pay the applicable fees (including, but not limited to, service and maintenance fees and other fees) in full or on time, we reserve the right to interrupt, suspend, or close your Account(s).
10.6 Additional fees and charges:
You are responsible for paying any additional fees charged by any financial service provider (including, but not limited to, PSPs, banks, and card networks, hereinafter individually and collectively referred to as “Financial Service Provider(s)”) used to process a transfer to or from your Account(s). We will not process a transfer if the associated fees charged by a Financial Service Provider exceed the value of the transfer. You may be required to deposit an additional amount of fiat currency to cover such fees in order to complete such transfer. We have no control over, and will not be responsible for, such fees charged by these Financial Service Providers.
11. CHANGE, INTERRUPTION, TERMINATION, AND SUSPENSION OF THE SERVICES
11.1 Change and interruption of service: We may change, interrupt, suspend, or terminate the Services at any time without prior notice, although we will attempt to provide reasonable notice when possible.
11.2 Suspension and termination of service: We reserve the right, in our sole and absolute discretion, to suspend or terminate the Services provided to you without prior notice at any time, temporarily or permanently, including, but not limited to, in the following cases:
if the personal information you provided is not true, complete, and accurate, or is not consistent with the information provided at the time of the original registration;
if you violate an applicable law or regulation, or these Terms;
if so required by any applicable law or regulation, or a governmental authority of competent jurisdiction, or
for security reasons or other necessary circumstances, as determined by us in our sole and absolute discretion.
12. TAXES AND COMPLIANCE WITH LAWS
12.1 It is your sole responsibility to determine whether, and to what extent, any tax applies to any transaction you carry out using the Services, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. You agree that we do not provide legal or tax advice and are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any transaction. You also acknowledge that you are not subject to any additional withholding in any jurisdiction. We recommend that you consult a tax professional regarding your specific tax situation.
12.2 You agree to comply with all relevant laws and regulations. With respect to the prevention of terrorist financing and money laundering, we will work with local authorities and may report certain transactions to local authorities in accordance with applicable laws and regulations. By using our Services, you represent and warrant that your actions are lawful and that the source of any Assets used in the Services is not derived from illegal activities or from any Prohibited Business. If we suspect, in our sole and absolute discretion, that you are in breach of this sub-clause 12.2, you may be subject to the remedies available to us under clause 4 of these Terms.
13. PRIVACY NOTICE
Please refer to our Privacy Notice for information on how we collect, use, and share your information.
14. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to release, defend (at OKX's option), indemnify, and hold harmless OKX, its parent company and affiliates, and each of their employees, officers, directors, representatives, agents, contractors, and successors (collectively, the “Indemnified Party”) from and against any and all third-party claims, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses of any kind (including professional fees and reasonable attorneys' fees) (collectively, “Losses”) arising out of or in any way related to the following:
your use of the OKX Services;
your breach of these Terms, including any policy expressly incorporated therein;
your breach of any warranty and representation made to OKX under these Terms;
any third-party claim related to your use of the Services;
your violation of any applicable law, regulation, or third-party right, such as intellectual property or privacy rights, or
any investigation, claim, demand, action, or other proceeding against OKX related to or arising from your use of the Services by a governmental authority or regulatory or self-regulatory agency or organization.
Unless OKX expressly agrees otherwise in writing, no settlement of any Loss shall be entered into unless such settlement fully releases the Indemnified Parties from all liability.
15. DISCLAIMER OF LIABILITY
15.1 User information: We are not responsible for failing to preserve, modify, delete, or store information provided by you. Nor shall we be responsible for any typographical or clerical error caused by us. We have the right, but not the obligation, to improve or correct any omission or error in any part of the Services.
15.2 LIMITATION OF LIABILITY; NO WARRANTY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OKX, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES, OR REPRESENTATIVES, BE LIABLE TO YOU FOR: (A) ANY AMOUNT GREATER THAN THE VALUE OF THE PARTICULAR DIGITAL ASSETS DEPOSITED IN YOUR ACCOUNT OR RELATED TO THE TRANSACTION, WHICHEVER IS LESS, AT THE TIME THE EVENT GIVING RISE TO YOUR CLAIM FIRST AROSE; OR (B) ANY LOST PROFITS; LOST DATA; DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL OR REPUTATION; SERVICE INTERRUPTION OR SYSTEM FAILURE; LOSS, DAMAGE, CORRUPTION, OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY; OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES OR LOSSES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE AUTHORIZED OR UNAUTHORIZED USE OF THE OKX SERVICES OR THESE TERMS, EVEN IF OKX HAD BEEN ADVISED OF, HAD KNOWLEDGE OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, EXCEPT TO THE EXTENT THAT A FINAL JUDICIAL JUDGMENT DETERMINES THAT SUCH DAMAGES WERE THE RESULT OF OKX'S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR INTENTIONAL VIOLATION OF LAW. FOR EXAMPLE, WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE, IF YOU WERE TO CLAIM THAT OKX FAILED TO PROCESS A TRANSACTION PROPERLY, YOUR RECOVERABLE DAMAGES WOULD BE LIMITED TO NO MORE THAN THE DIGITAL ASSETS AT ISSUE IN THE TRANSACTION OR THE TOTAL VALUE OF THE DIGITAL ASSETS IN YOUR ACCOUNT, WHICHEVER IS LESS, AND YOU COULD NOT RECOVER DAMAGES FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR REPUTATION, DIMINUTION IN VALUE, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS, THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
THE OKX SERVICES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OKX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OKX MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO ITS SERVICES, OR ANY PART THEREOF, OR ANY MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT ITS SERVICES ARE PROVIDED FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OKX DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED, OR REMAIN OPEN. YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS SET FORTH IN THESE TERMS, YOU HAVE NOT RELIED ON ANY REPRESENTATION OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE OF AND ACCESS TO THE OKX SERVICES. WITHOUT PREJUDICE TO THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT OKX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT, OR OMISSION OF DIGITAL ASSET PRICING DATA; (B) ANY ERROR, DELAY, OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (C) VIRUSES OR OTHER MALICIOUS SOFTWARE CONTRACTED BY ACCESSING OUR SERVICES OR ANY WEBSITE OR SERVICE LINKED TO OUR WEBSITES OR APPLICATIONS; (D) PROBLEMS, FAILURES, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITE, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF, OR ASSOCIATED WITH ANY OF THE OKX SERVICES; OR (E) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR OKX ACCOUNT.
OKX will make all reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the amount of time required to complete processing, which depends on many factors beyond our control.P| 15.3 User Opinions: Any comment posted by a user is solely the opinion of that user and does not represent the views, opinions or beliefs of OKX. OKX shall not assume any legal liability for the consequences caused by such user comments.
15.4 Announcements: Official announcements may be made through a formal announcement on the page, email, customer service telephone call, SMS, pop-up message or delivery by postal mail. We disclaim all liability for information obtained from channels other than those mentioned in this paragraph.
15.4.1 Messaging Subscription: You agree that we may send you messages regarding the security of your Account(s) by SMS, OTP, email, telephone or other means of contact that we collect from you or from a third party for THE account security and verification purposes described in clauses 4 and 5 or other relevant clauses. Furthermore, you agree that we may send you marketing emails, in addition to marketing text/SMS messages in accordance with our SMS Marketing Program Terms and Conditions.
16. GOVERNING LAW AND VENUE
Except as set forth in sub-clause 17.3 below, these Terms and your use of the Services shall be governed by and construed in accordance with the laws and regulations of the State of California, regardless of its conflict of laws provisions. You agree that any judicial proceeding (other than small claims actions) that is excluded from the arbitration agreement in sub-clause 17.3 must be brought only in the state or federal courts located in California, unless you and OKX agree to some other venue. You and OKX acknowledge the venue and personal jurisdiction of such courts.
17. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
17.1 How to Contact OKX: If you have comments or general inquiries, you may contact us through our customer service at us.support@okx.com. OKX requires that all legal documents (including civil subpoenas, complaints and demands for arbitration) be served on our registered agent for service of process. You can find more information about our registered agent for service of process here. Our registered agent will accept service only if the entity identified as the recipient of the document identically matches the legal name of the entity that is registered with the secretary of State and for which our registered agent is authorized to accept service. By accepting service of a legal document, OKX does not waive any objection or defense it may have in response to such legal document.
17.2 Initial Dispute Resolution Process: OKX is committed to participating in a consumer-friendly dispute resolution process. In furtherance of such resolution, you are encouraged to notify OKX of any dispute within 30 days after it arises, and no less than 30 days before initiating any arbitration or other legal proceeding, in order to attempt in good faith to resolve such dispute amicably. Any pre-dispute notice must be sent to OKX at us.support@okx.com or by postal mail to OKX's registered agent for service of process as set forth in sub-clause 17.1 above. The pre-dispute notice must include the subject line "PRE-DISPUTE NOTICE" and include in the body of the notice: the date; your name or the entity associated with your account; the user identification number associated with your account; a brief description of the dispute and how you would like it to be resolved; and any other information you consider relevant.
All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees and attorneys are confidential and inadmissible for any purpose, including as evidence of liability or fault, or for impeachment in arbitration or any other proceeding between the parties.
17.3 ARBITRATION AGREEMENT: EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND OKX MUTUALLY AGREE THAT ALL CONTROVERSIES AND CLAIMS BETWEEN US ("Claims") SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"), Title 9 of the United States Code, § 1 et seq. . These Claims subject to arbitration include any dispute, claim or controversy, whether based on past, present or future events, arising out of or relating in any way to: these Terms and prior versions thereof, this Arbitration Agreement, your account with OKX, your access to or use of the Services, any product or offering made available to you through the Services, or any communication or representation by OKX or between OKX and you. If there is a dispute as to whether this Arbitration Agreement can be enforced or applies to a Claim, you and OKX agree that an arbitrator shall decide that matter. For the avoidance of doubt, this means that all issues relating to the arbitrability of a Claim, including the scope, applicability, enforceability, revocability, formation, validity or interpretation of the Arbitration Agreement, shall be delegated to and decided exclusively by the arbitrator, except as otherwise provided below.
This Arbitration Agreement shall not require arbitration of the following: (1) small claims actions brought on an individual basis that are within the scope of a small claims court's jurisdiction and remain in small claims court; (2) claims by you or OKX seeking equitable relief against infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); (3) a request for public injunctive relief; and (4) claims that cannot be subject to arbitration as a matter of generally applicable law not preempted by the FAA. You and OKX agree that any request for public injunctive relief shall proceed after the arbitration of all arbitrable Claims and shall be stayed pending the outcome of the arbitration pursuant to the FAA, § 3.
17.3.1 Jury Trial Waiver: YOU AND OKX AGREE TO WAIVE ANY RIGHT TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR BY JURY. Instead, you and OKX elect that all Claims shall be resolved by arbitration under this Arbitration Agreement, except as otherwise specified herein. This Arbitration Agreement is intended to and shall require the arbitration of every claim or dispute that can lawfully be arbitrated, except those claims and disputes that by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
17.3.2 Waiver of Class Action and Other Non-Individual Relief: YOU AND OKX AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, PRIVATE ATTORNEY GENERAL, CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR REPRESENTATIVE PROCEEDING, AND FURTHER AGREE TO WAIVE THE RIGHT FOR ANY CLAIM OR DISPUTE TO BE BROUGHT, HEARD, ADMINISTERED, RESOLVED OR ARBITRATED AS A CLASS, REPRESENTATIVE OR PUBLIC ACTION. Unless you and OKX agree otherwise in writing or as provided in sub-clause 17.3.5 of this Arbitration Agreement entitled "Batch Arbitration," the Claims of more than one user may not be arbitrated or consolidated with those of any other user, and the arbitrator shall have no authority to resolve any Claim or award any relief that is not individual and may act only to the extent necessary to provide relief warranted by the claimant's individual Claim.
Notwithstanding anything to the contrary in this Arbitration Agreement, disputes regarding the interpretation, applicability, validity or enforceability of this sub-clause 17.3.2 entitled "Waiver of Class Action and Other Non-Individual Relief" shall be resolved solely by a court of competent jurisdiction and not by an arbitrator. If a court decides by means of a final decision not subject to further appeal or recourse that the limitations of this sub-clause 17.3.2 are invalid or unenforceable as to a particular Claim or request for relief (such as a request for public injunctive relief), you and OKX agree that the particular challenged Claim or relief sought, and only that particular Claim or relief sought, shall be severed from the arbitration and may be litigated in a court as specified in clause 16 (Governing Law and Venue) of the Terms. This sub-clause 17.3.2 shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent permitted by law. Nothing contained in this clause shall prevent you or OKX from participating in a class-wide settlement of claims.
17.3.3 Administration of the Arbitration:
Rules and Forum: Any arbitration conducted pursuant to this Arbitration Agreement shall be governed by the FAA and administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified herein. The AAA Rules are available at: www.adr.org. In the event the appointed arbitrator determines that any provision of this Arbitration Agreement is substantively unfair or conflicts with the AAA Consumer Due Process Protocol, the Consumer Due Process Protocol or the AAA Rules, as applicable, shall prevail. Notwithstanding the foregoing, the parties may select different arbitration rules or a different arbitration administrator by mutual written agreement.
Hearing/Place of Arbitration: Unless you and OKX agree otherwise, or sub-clause 17.3.5 below is triggered, the arbitration shall be conducted in the county where you reside; if AAA arbitration is not available in the county where you reside, the arbitration shall be conducted at the nearest available alternative location for AAA arbitration. Disputes involving Claims with an amount in controversy of USD 25,000 or less, not including attorneys' fees and interest, shall be conducted solely on the basis of the documents that you and OKX submit to the arbitrator. For disputes involving Claims with an amount in controversy exceeding USD 25,000, not including attorneys' fees and interest, the right to a hearing shall be determined by the AAA Rules.
Arbitration Proceeding, Award, Confidentiality: Subject to the AAA Rules, the arbitrator may require a limited and reasonable exchange of information between the parties, consistent with the expedited and economical nature of arbitration. You shall only be responsible for paying any AAA fees and costs, including filing fees, as set forth in the applicable AAA Rules.
The arbitrator shall decide the merits of all Claims submitted in accordance with applicable law and shall honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different persons, but shall be bound by rulings in prior arbitrations involving the same persons to the extent required by applicable law. The arbitrator shall issue a written, reasoned award describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator's award shall be final and binding, and any court of competent jurisdiction may enter judgment on the award rendered by the arbitrator, notwithstanding which any award may be challenged before a court of competent jurisdiction. In any award of damages, the arbitrator shall comply with the "Limitation of Liability" (sub-clause 15.2) of these Terms to the fullest extent permitted by applicable law.
You and OKX agree that the arbitration proceeding, all materials and documents exchanged during the arbitration proceeding and any award rendered by the arbitrator shall be kept confidential, and shall not be shared with anyone except the parties' attorneys, accountants or business advisors, or otherwise as required by applicable law, subject to the condition that they agree to keep all such information and materials confidential. This provision shall not prohibit you or OKX from submitting any award rendered by the arbitrator in a judicial proceeding to confirm or challenge the award; however, the party submitting the award shall make all reasonable efforts to obtain a court order to place the award under seal.
If the AAA is not available as an arbitral forum, the parties shall cooperate in good faith to select a mutually acceptable alternative arbitral forum. If the parties cannot reach an agreement, you or OKX may petition a court to appoint an arbitrator pursuant to the FAA, § 5, and the arbitration shall be conducted in accordance with the rules of the designated arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
17.3.4 Attorneys' Fees and Costs: If you or OKX need to invoke the authority of a court of competent jurisdiction to compel arbitration, the party that obtains an order compelling arbitration in such action shall be entitled to collect from the other party its reasonable costs and attorneys' fees incurred in obtaining an order compelling arbitration. Although under some laws OKX may be entitled to an award of attorneys' fees if it prevails in the arbitration, OKX agrees that it will not seek such an award unless the arbitrator determines that the Claim or relief you sought was frivolous or was brought for an improper purpose, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b).
17.3.5 Batch Arbitration: To increase the efficiency of the administration and resolution of arbitrations, you and OKX agree that, in the event that 100 or more individual Claims of a substantially similar nature are filed in arbitration against OKX by or with the assistance of the same law firm, group of law firms or organizations within a 180-day period, the AAA (or another arbitration administrator selected by the parties) shall: (1) administer the Claims in batches of no more than 100 (plus, to the extent there are fewer than 100 individual Claims remaining after the batching described above, a final batch of the remaining Claims); (2) appoint one arbitrator for each batch; and (3) facilitate the resolution of each batch by assigning one set of administrative and filing fees due per party per batch, one procedural calendar, one hearing (if applicable) at a place to be determined by the appointed arbitrator, and providing one final award that, at the discretion of the appointed arbitrator, may address and resolve separately any individual issue or Claim of the batch members ("Batch Arbitration"). You and OKX agree that Claims are of a "substantially similar nature" if they arise out of or relate to the same event or series of events or factual scenario, raise common legal issues and seek the same or similar relief.
The batching of Claims shall be determined, in principle, by listing the claimants alphabetically by last name or business name, as applicable. If the parties disagree on the enforceability or applicability of the Batch Arbitration process, or on the method by which batches are determined or whether a particular Claim is part of the Batch Arbitration, the AAA shall appoint a sole arbitrator (the "Administrative Arbitrator") who shall have exclusive authority to manage and resolve such disagreements regarding the Batch Arbitration process. The parties agree that the Administrative Arbitrator may establish such procedures as are necessary to promptly resolve any disagreement regarding the Batch Arbitration process. OKX shall pay the fees of the Administrative Arbitrator.
You and OKX agree to cooperate in good faith to implement the Batch Arbitration process, including the payment of a single filing and administrative fee for batches of Claims, as well as any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the arbitrator in resolving discovery disputes and the adoption of an expedited calendar for the arbitration proceedings.
This batch arbitration provision shall in no way be construed to authorize class, collective, or public arbitration or action, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. No arbitral award of one batch shall be binding with respect to any Claim not assigned to that batch.
17.3.6 Severability: Except as otherwise expressly provided in this Arbitration Agreement, any part of this Arbitration Agreement that is deemed illegal, invalid or unenforceable under applicable law shall be severed, and the remainder of the Arbitration Agreement shall remain in full force and effect.
17.3.7 Survival: Except as otherwise expressly provided in this Arbitration Agreement or in the Terms, this Arbitration Agreement shall survive the termination of the Terms and shall continue to apply even if you terminate your use of the Services and close your account.
18. GENERAL PROVISIONS
18.1 Severability: If any provision of these Terms is deemed illegal, invalid or unenforceable for any reason, such provision shall be deemed severed and shall not affect the legal effect of any other provision.
18.2 Complaints: If you have any complaint, comment or question, please contact our Customer Service at support_slv@okx.com or consult our licenses page for additional methods of contacting us in certain jurisdictions. When you contact us, please provide your name, email address and any other information we may need to identify you, as well as the transaction about which you have comments, questions or complaints.
18.3 Assignment: You may not assign any right, obligation or license granted under these Terms without our prior written consent. Any attempted transfer or assignment by you in violation hereof shall be null and void. We may assign our rights and obligations without restriction, including, without limitation, to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with us. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of OKX, its successors and permitted assigns.
18.4 Change of Control: In the event that OKX is acquired by or merges with a third-party entity, we may transfer or assign the information we have collected from you as part of such merger, acquisition, sale or other change of control.
18.5 Force Majeure: You agree that in no event shall we be liable for any delay, failure in performance or interruption of service that may result, directly or indirectly, from any cause or condition beyond the reasonable control of any Party or any of our Service Providers, including, but not limited to, significant market volatility, pandemics, epidemics, any delay or failure due to a natural disaster, act of civil or military authorities, act of terrorism, civil unrest, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, equipment or software failure, other catastrophes or any other incident that is beyond our reasonable control.
18.6 Unclaimed Property: If your Account(s) is/are inactive, there are Assets in your Account(s) and you have not responded to our attempts to contact you for the applicable period of time (as defined in the unclaimed property or similar laws of the relevant jurisdiction), we may be required to report any Assets in your Account(s) to the applicable governmental entity as unclaimed property. If this occurs, we will attempt to locate you at the last updated address appearing in our records. If we are unable to locate you, we may be required to deliver such Assets to the designated custodian of the relevant jurisdiction as unclaimed property.
18.7 No Provision of Advice: You agree and understand that we do not provide legal, tax or investment advice, that your use of the Services is at your own risk and that it is your responsibility to consult with qualified professionals in your own jurisdiction before using the Services or implementing any financial plan.
18.8 Miscellaneous: These Terms set forth the entire terms and conditions with respect to the subject matter hereof and supersede all prior understandings and communications relating to such subject matter. Unless incorporated by reference into the Terms, no term or condition of any other document provided to OKX that is different from, inconsistent with or in addition to the terms and conditions set forth herein shall be binding upon OKX. You represent, warrant that all information disclosed to OKX in connection with these Terms is true, accurate and complete.
18.9 Language: These Terms may be published in different languages. To the extent there is any discrepancy, the English version shall prevail.