📜DKEY Bank User Agreement
This User Agreement is entered into between you (hereinafter referred to as “you” or “your”) and DKEY Bank Operator (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any DKEY Bank Services (as defined below) provided by DKEY Bank (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in this User Agreement (hereinafter referred to as “this Agreement ”) as well as our Privacy Policy. Furthermore, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of DKEY Bank Services. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives. By making use of DKEY Bank Services, you acknowledge and agree that: (1) You are aware of the risks associated with transactions of digital currencies and their derivatives; (2) You shall assume all risks related to the use of DKEY Bank Services and transactions of digital currencies and their derivatives; and (3) DKEY Bank shall not be liable for any such risks or adverse outcomes.
By accessing, using or attempting to use DKEY Bank Services in any capacity, you acknowledge that you accept and agree to be bound by this Agreement. If you do not agree, do not access DKEY Bank or utilize DKEY Bank Services.
I. Definitions
DKEY Bank refers to an ecosystem consisting DKEY Bank websites (whose domain names include but are not limited to www.dkey.io), mobile applications, clients, and other applications that are developed to provide DKEY Bank Services, and includes independently-operated platforms, websites and clients within the ecosystem (e.g. Binance Smart Chain, Huobi ECO Chain, ProBit Global, Marathon Corporate Services Limited, etc.). In case of any inconsistency between relevant terms of use of the above platforms and the contents of this Agreement, the respective applicable terms of such platforms shall prevail.
DKEY Bank Operator refer to the entity that runs DKEY Bank, provides DKEY Bank Services and is responsible for such services. For the convenience of wording, unless otherwise stated, references to “DKEY Bank” and “we” in this Agreement specifically mean DKEY Bank Operator. Under this Agreement, DKEY Bank Operator may change as DKEY Bank’s business adjusts, in which case, the changed operator shall perform their obligations under this Agreement with you and provide services to you, and such change does not affect your rights and interests under this Agreement. Additionally, the scope of DKEY Bank Operator may be expanded due to the provision of new DKEY Bank Services, in which case, if you continue to use DKEY Bank Services, it is deemed that you have agreed to jointly execute this Agreement with the newly added DKEY Bank Operator. In case of a dispute, you shall determine the entity by which this Agreement is performed with you and the counterparty of the dispute, depending on the specific services you use and the particular actions that affect your rights or interests.
DKEY Bank Services refer to various services provided to you by DKEY Bank that are based on internet and/or blockchain technologies and offered via DKEY Bank websites, mobile applications, clients and other forms (including new ones enabled by future technological development). DKEY Bank Services include but are not limited to such DKEY Bank ecosystem components as Digital Asset Trading Platforms, the financing sector, existing services offered by DKEY Bank and novel services to be provided by DKEY Bank.
DKEY Bank Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by DKEY Bank, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
Users refer to all individuals, institutions or organizations that access, download or use DKEY Bank or DKEY Bank Services and who meet the criteria and conditions stipulated by DKEY Bank. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
DKEY Bank Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by DKEY Bank for Users to record on DKEY Bank their usage of DKEY Bank Services, transactions, asset changes and basic information. DKEY Bank Accounts serve as the basis for Users to enjoy and exercise their rights on DKEY Bank.
Crypto-to-Crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
Collateral Accounts refer to special accounts opened by Users on DKEY Bank to deposit and withdraw collateral (such as margins) under this Agreement (including the DKEY Bank Contract Services Agreement and DKEY Bank Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
Loan/Lending refers to DKEY Bank’s lending of Digital Currencies to Users at an interest collected in the form of Digital Currencies, including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by DKEY Bank.
II. General Provisions
1. About This Agreement
a. Contractual Relationship
This Agreement constitutes a legal agreement and creates a binding contract between you and DKEY Bank Operator.
b. Supplementary Terms
Due to the rapid development of Digital Currencies and DKEY Bank, this Agreement between you and DKEY Bank Operator does not enumerate or cover all rights and obligations of each party and does not guarantee full alignment with needs arising from future development. Therefore, the Privacy Policy, DKEY Bank Platform Rules, and all other agreements entered into separately between you and DKEY Bank are deemed supplementary terms that are an integral part of this Agreement and shall have the same legal effect. Your use of DKEY Bank Services is deemed to have accepted and agreed to the above supplementary terms.
c. Changes to This Agreement
DKEY Bank reserves the right to change or modify this Agreement at its discretion at any time. DKEY Bank will notify such changes by updating the terms on its website (www.dkey.io). Any modifications or changes to this Agreement will become effective upon publication on the website or release to users. Therefore, your continued use of DKEY Bank Services is deemed to have accepted and agreed to the modified agreement and rules. If you do not agree to any changes to this Agreement, you must stop using DKEY Bank Services immediately. You are recommended to frequently review this Agreement to ensure your understanding of the terms and conditions that apply to your access to and use of DKEY Bank Services.
d. Prohibition of Use
By accessing and using DKEY Bank Services, you represent and warrant that you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list), the list of specially designated nationals maintained by OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), or the denied persons or entity list of the U.S. Department of Commerce. DKEY Bank reserves the right to choose markets and jurisdictions to conduct business and may restrict or refuse, at its discretion, the provision of DKEY Bank Services in certain countries or regions.
2. About DKEY Bank
As an important part of the DKEY Bank Ecosystem, DKEY Bank mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with DKEY Bank, and deposit Digital Assets into their account before trading. Users may, subject to the restrictions set forth in this Agreement, apply for the withdrawal of Digital Assets.
Although DKEY Bank has been committed to maintaining the accuracy of the information provided through DKEY Bank Services, DKEY Bank cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall DKEY Bank be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about DKEY Bank Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. DKEY Bank does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on DKEY Bank or any other communication medium. All Users of DKEY Bank Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. DKEY Bank Account Registration and Requirements
a. Registration
All Users must apply for a DKEY Bank Account at (https://app.dkey.io/d_user/register_hash) before using DKEY Bank Services. When you register a DKEY Bank Account, you must provide your real name, email address and password, and accept this Agreement, the Privacy Policy, and other DKEY Bank Platform Rules. DKEY Bank may refuse, at its discretion, to open a DKEY Bank Account for you. You agree to provide complete and accurate information when opening a DKEY Bank Account, and agree to timely update any information you provide to DKEY Bank to maintain the integrity and accuracy of the information. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time. Institutional Users (including Users that are businesses and other legal entities) can open one or more subaccounts under the main account with the consent of DKEY Bank. For certain DKEY Bank Services, you may be required to set up a special account independent from your DKEY Bank Account, based on the provisions of this Agreement or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this article and article 6, unless otherwise stated in this Agreement or the Supplementary Terms.
b. Eligibility
By registering to use a DKEY Bank Account, you represent and warrant that (i) As an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) As an individual, legal person, or other organization, you have the full legal capacity and sufficient authorizations to enter into this Agreement; (iii) You have not been previously suspended or removed from using DKEY Bank Services; (iv) You do not currently have a DKEY Bank Account; (v) You are neither a United States user, or an Ontario (Canada)-based user; nor are you acting on behalf of a United States user, or an Ontario (Canada)-based user. If you act as an employee or agent of a legal entity and enter into this Agreement on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) Your use of DKEY Bank Services will not violate any laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. DKEY Bank reserves the right to change, modify or impose additional restrictions at its discretion at any time.
c. User Identity Verification
Your registration of an account with DKEY Bank will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through DKEY Bank, or for other lawful purposes stated by DKEY Bank. We will collect, use and share such information under our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate. After registration, you must ensure that the information is true, complete, and timely updated when changed. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, DKEY Bank reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of DKEY Bank Services we provide for you. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to DKEY Bank during your use of DKEY Bank Services. You hereby acknowledge and agree that you have the obligation to update all the information if there is any change. By registering an account, you hereby authorize DKEY Bank to conduct investigations that DKEY Bank considers necessary, either directly or through a third party, to verify your identity or protect you, other users and/or DKEY Bank from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. You also acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.
d. Account Usage Requirements
The DKEY Bank Account can only be used by the account registrant. DKEY Bank reserves the right to suspend, freeze or cancel the use of DKEY Bank Accounts by persons other than the account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify DKEY Bank immediately. DKEY Bank assumes no liability for any loss or damage arising from the use of DKEY Bank Account by you or any third party with or without your authorization.
e. Account Security
DKEY Bank has been committed to maintaining the security of User entrusted funds and has implemented industry-standard protection for DKEY Bank Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your DKEY Bank Account and personal information.
You should be solely responsible for keeping safe your DKEY Bank Account and password and be responsible for all the transactions under your DKEY Bank Account. DKEY Bank assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a DKEY Bank Account, you hereby agree that:
You will notify DKEY Bank immediately if you are aware of any unauthorized use of your DKEY Bank Account and password or any other violation of security rules;
You will strictly abide by all mechanisms or procedures of DKEY Bank regarding security, authentication, trading, charging, and withdrawal; and
You will take appropriate steps to log out from DKEY Bank at the end of each visit.
f. Personal Data
Your personal data will be properly protected and kept confidential, but DKEY Bank has the right to collect, process, use or disclose your personal data in accordance with the Terms (including the Privacy Policy) or applicable laws. Depending on the products or services concerned, your personal data may be disclosed to the following third parties:
Your transaction counterparty;
DKEY Bank Operator;
Our joint ventures, alliance partners and business partners;
Our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archival;
Third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us;
Insurance companies or insurance investigators and credit providers;
Credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute;
Business partners, investors, trustees or assignees (actual or expected) that promote business asset transactions (which can be broadened to include any merger, acquisition or asset sale) of DKEY Bank Operator;
Professional consultants such as auditors and lawyers;
Relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;
Assignees of our rights and obligations;
Banks, credit card companies and their respective service providers;
Persons with your consent as determined by you or the applicable contract.
III. DKEY Bank Services
Upon completion of the registration and identity verification for your DKEY Bank Account, you may use various DKEY Bank Services, including but not limited to, Crypto-to-Crypto Trading, Fiat Trading, contract trading, leveraged trading, DKEY Bank Savings services, staking, acquiring market-related data, research and other information released by DKEY Bank, participating in User activities held by DKEY Bank, etc., in accordance with the provisions of this Agreement (including DKEY Bank Platform Rules and other individual agreements). DKEY Bank has the right to:
Provide, modify or terminate, at its discretion, any DKEY Bank Services based on its development plan; and
Allow or prohibit some Users’ use of any DKEY Bank Services in accordance with relevant DKEY Bank Platform Rules.
1. Service Usage Guidelines
a. License
Provided that you constantly comply with the express terms and conditions stated in this Agreement, DKEY Bank grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use DKEY Bank Services through your computer or Internet-compatible devices for your personal/internal purposes. You are prohibited to use DKEY Bank Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of this Agreement. The content layout, format, function and access rights regarding DKEY Bank Services should be stipulated at the discretion of DKEY Bank. DKEY Bank reserves all rights not expressly granted in this Agreement. Therefore, you are hereby prohibited from using DKEY Bank Services in any way not expressly authorized by this Agreement.
This Agreement only grants a limited license to access and use DKEY Bank Services. Therefore, you hereby agree that when you use DKEY Bank Services, DKEY Bank does not transfer DKEY Bank Services or the ownership or intellectual property rights of any DKEY Bank intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including HTML code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through DKEY Bank Services, are exclusively owned, controlled and/or licensed by DKEY Bank Operator or its parent companies, licensors or affiliates.
DKEY Bank owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about DKEY Bank or DKEY Bank Services that you provide through email, DKEY Bank Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to DKEY Bank. You have no right and hereby waive any request for acknowledgement or compensation based on any Feedback, or any modifications based on any Feedback.
b. Restriction
When you use DKEY Bank Services, you agree and undertake to comply with the following provisions:
During the use of DKEY Bank Services, all activities you carry out should comply with the requirements of applicable laws and regulations, this Agreement, and various guidelines of DKEY Bank;
Your use of DKEY Bank Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using DKEY Bank Services;
You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
Without written consent from DKEY Bank, the following commercial uses of DKEY Bank data are prohibited:
Trading services that make use of DKEY Bank quotes or market bulletin board information.
Data feeding or streaming services that make use of any market data of DKEY Bank.
Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from DKEY Bank.
Without prior written consent from DKEY Bank, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
You may not (i) Use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of DKEY Bank Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through DKEY Bank Services; (ii) Attempt to access any part or function of the properties without authorization, or connect to DKEY Bank Services or any DKEY Bank servers or any other systems or networks of any DKEY Bank Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) Probe, scan or test the vulnerabilities of DKEY Bank Services or any network connected to the properties, or violate any security or authentication measures on DKEY Bank Services or any network connected to DKEY Bank Services; (iv) Reverse look-up, track or seek to track any information of any other Users or visitors of DKEY Bank Services; (v) Take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of DKEY Bank Services or DKEY Bank , or the infrastructure of any systems or networks connected to DKEY Bank services; (vi) Use any devices, software or routine programs to interfere with the normal operation of DKEY Bank Services or any transactions on DKEY Bank Services, or any other person’s use of DKEY Bank Services; (vii) Forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to DKEY Bank, or (viii) Use DKEY Bank Services in an illegal way.
By accessing DKEY Bank Services, you agree that DKEY Bank has the right to investigate any violation of this Agreement, unilaterally determine whether you have violated this Agreement, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
Blocking and closing order requests;
Freezing your account;
Reporting the incident to the authorities;
Publishing the alleged violations and actions that have been taken;
Deleting any information you published that is found to be a violation.
2. Crypto-to-Crypto Trading
Upon completion of the registration and identity verification for your DKEY Bank Account, you may conduct Crypto-to-Crypto Trading on DKEY Bank in accordance with the provisions of this Agreement and DKEY Bank Platform Rules.
a. Orders
Upon sending an instruction of using DKEY Bank Services for Crypto-to-Crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in DKEY Bank’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, DKEY Bank will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain incomplete until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize DKEY Bank to temporarily control the Digital Currencies involved in your Transaction.
b. Cancellation
For Orders initiated through DKEY Bank Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel DKEY Bank’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. DKEY Bank reserves the right to reject any cancellation request related to the Order you have submitted. If your account has insufficient amount of Digital Currencies to execute an Order, DKEY Bank may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to DKEY Bank are deducted as stated in paragraph (c) below).
c. Fees
You agree to pay DKEY Bank the fees specified. DKEY Bank may, at its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize DKEY Bank to deduct from your account any applicable fees that you owe under this Agreement.
d. Other Types of Crypto-to-Crypto Trading
In addition to the Crypto-to-Crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, DKEY Bank may, at its discretion, provide technical and platform services for other types of Crypto-to-Crypto Trading under its separately formulated DKEY Bank Platform Rules, such as One Cancels the Other (OCO) and block trade.
3. DKEY Bank Savings Service
DKEY Bank offers DKEY Bank Savings, a service to provide Users with value-added services for their idle Digital Assets. To use DKEY Bank Savings service, you must conclude with DKEY Bank a separate DKEY Bank Savings Service Agreement and the completion of registration and identity verification for your DKEY Bank Account. When using DKEY Bank Savings service, you should note that:
DKEY Bank Savings assets will be used in cryptocurrency leveraged borrowing and other businesses.
When you use DKEY Bank Savings service, you will unconditionally authorize DKEY Bank to distribute and grant the leveraged interest according to DKEY Bank Platform Rules.
You shall abide by relevant laws and regulations to ensure that the sources of Digital Assets are legitimate and compliant when using DKEY Bank Savings service.
When you use DKEY Bank Savings service, you should fully recognize the risks of investing in Digital Assets and operate cautiously.
You agree that all investment operations conducted on DKEY Bank represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.
DKEY Bank reserves the right to suspend or terminate DKEY Bank Savings service. If necessary, DKEY Bank can suspend and terminate DKEY Bank Savings service at any time.
Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension, termination or deviation of execution of DKEY Bank Savings service, DKEY Bank will use reasonable effort to ensure but not promise that DKEY Bank Savings service execution system runs stably and effectively. DKEY Bank does not take any responsibility if the final execution fails to match your expectations due to the above factors.
4. Staking Vault
DKEY Bank will from time to time launch Staking Vault for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their DKEY Bank Accounts. When participating in Staking Vault, you should note that:
Unless otherwise stipulated by DKEY Bank, Staking Vault is free of charge and Users may trade during the staking period;
DKEY Bank does not guarantee Users’ proceeds under any Staking Vault;
DKEY Bank has the right to initiate or terminate Staking Vault for any Digital Currencies or modify rules on such Vault in its sole discretion;
Users shall ensure that sources of the Digital Currencies they hold in DKEY Bank Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, DKEY Bank has the right to take necessary steps in accordance with this Agreement or DKEY Bank Platform Rules, including, without limitation, freezing DKEY Bank Accounts or deducting the Digital Currencies awarded to Users who violate the rules of respective Staking Vault.
IV. Liabilities
1. Disclaimer of Warranties
To the maximum extent permitted under applicable law, DKEY Bank Services, DKEY Bank materials and any product, service or other item provided by or on behalf of DKEY Bank are offered on an “as is” and “as available” basis, and DKEY Bank expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, DKEY Bank does not represent or warrant that the site, DKEY Bank Services or DKEY Bank materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. DKEY Bank does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements, agreements and rules set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of DKEY Bank Services. Without limiting the foregoing, you hereby understand and agree that DKEY Bank will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital assets price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data, (d) regular or unscheduled maintenance carried out by DKEY Bank and service interruption and change resulting from such maintenance, (e) any damages incurred by other users’ actions, omissions or violation of this Agreement, (f) any damage caused by illegal actions of other third parties or actions without authorized by DKEY Bank; and (g) other exemptions mentioned in disclaimers and platform rules issued by DKEY Bank.
The disclaimer of implied warranties contained herein may not apply if and to the extent, it is prohibited by applicable law of the jurisdiction in which you reside.
2. Disclaimer of Damages and Limitation of Liability
To the maximum extent permitted by applicable law, in no event will DKEY Bank, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of DKEY Bank Services, any performance or non-performance of DKEY Bank Services, or any other product, service or other item provided by or on behalf of DKEY Bank and its affiliates, whether under contract, statute, strict liability or other theory even if DKEY Bank has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of DKEY Bank’s gross negligence, fraud, willful misconduct or intentional violation of the law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Notwithstanding the foregoing, in no event will the liability of DKEY Bank, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of services offered by or on behalf of DKEY Bank and its affiliates, any performance or non-performance of DKEY Bank Services, or any other product, service or other items, whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to DKEY Bank under this Agreement in the twelve-month period immediately preceding the event giving rise to the claim for liability.
3. Indemnification
You agree to indemnify and hold harmless DKEY Bank Operator, their affiliates, contractors, and licensors from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, DKEY Bank Services, (ii) your breach or our enforcement of this Agreement, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of DKEY Bank Services. If you are obligated to indemnify DKEY Bank Operator, their affiliates, contractors, and licensors pursuant to this Agreement, DKEY Bank will have the right, in its sole discretion, to control any action or proceeding and to determine whether DKEY Bank wishes to settle, and if so, on what terms.
V. Announcements
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on https://app.dkey.io/d_news. Users undertake to refer to these materials regularly and promptly. DKEY Bank will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
VI. Termination of Agreement
1. Suspension of DKEY Bank Accounts
You agree that DKEY Bank shall have the right to immediately suspend your DKEY Bank Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to DKEY Bank for any reason including if DKEY Bank suspects any such accounts to be in violation of this Agreement, our Privacy Policy, or any applicable laws and regulations. You agree that DKEY Bank shall not be liable to you for any permanent or temporary modification of your DKEY Bank Account, or suspension or termination of your access to all or any portion of DKEY Bank Services. DKEY Bank shall reserve the right to keep and use the transaction data or other information related to such DKEY Bank Accounts. The above account controls may also be applied in the following cases:
The DKEY Bank Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
We detect unusual activities in the DKEY Bank Account;
We detect unauthorized access to the DKEY Bank Account;
We are required to do so by a court order or command by a regulatory/government authority.
2. Cancellation of DKEY Bank Accounts
In case of any of the following events, DKEY Bank shall have the right to directly terminate this Agreement by cancelling your DKEY Bank Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your DKEY Bank Account on DKEY Bank and withdraw the corresponding DKEY Bank Account thereof:
After DKEY Bank terminates services to you;
You allegedly register or register in any other person’s name as a DKEY Bank User again, directly or indirectly;
The information that you have provided is untruthful, inaccurate, outdated or incomplete;
When this Agreement is amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your DKEY Bank Account or by other means;
You request that DKEY Bank Services be terminated; and
Any other circumstances where DKEY Bank deems it should terminate DKEY Bank Services.
Should your DKEY Bank Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, DKEY Bank shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If DKEY Bank is informed that any Digital Assets or funds held in your DKEY Bank Account are stolen or otherwise are not lawfully possessed by you, DKEY Bank may, but has no obligation to, place an administrative hold on the affected funds and your DKEY Bank Account. If DKEY Bank does lay down an administrative hold on some or all of your funds or DKEY Bank Account, DKEY Bank may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to DKEY Bank has been provided to DKEY Bank in a form acceptable to DKEY Bank. DKEY Bank will not involve itself in any such dispute or the resolution of the dispute. You agree that DKEY Bank will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
3. Remaining Funds After DKEY Bank Account Termination
Except as set forth in paragraph 4 below, once a DKEY Bank Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to DKEY Bank) will be payable immediately to DKEY Bank. Upon payment of all outstanding charges to DKEY Bank (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
4. Remaining Funds After DKEY Bank Account Termination Due to Fraud, Violation of Law, or Violation of This Agreement
DKEY Bank maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of DKEY Bank Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of this Agreement.
VII. No Financial Advice
DKEY Bank is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using DKEY Bank Services. No communication or information provided to you by DKEY Bank is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in this Agreement, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. DKEY Bank does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. DKEY Bank will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by DKEY Bank.
VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of DKEY Bank Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of DKEY Bank Services acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities; Users agree that DKEY Bank will require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds. DKEY Bank maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds that are flagged out or investigated by legal mandate.
IX. Privacy Policy
Access to DKEY Bank Services will require the submission of certain personally identifiable information. Please review DKEY Bank’s Privacy Policy for a summary of DKEY Bank’s guidelines regarding the collection and use of personally identifiable information.
X. Miscellaneous
Independent Parties. DKEY Bank is an independent contractor but not an agent of you in the performance of this Agreement. This Agreement shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
Entire Agreement. This Agreement constitute the entire agreement between the parties regarding use of DKEY Bank Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practise or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
Interpretation and Revision. DKEY Bank reserves the right to alter, revise, modify, and/or change this Agreement at any time. All changes will take effect immediately upon being published on DKEY Bank websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of this Agreement. If you do not agree to any such modifications, your only remedy is to terminate your usage of DKEY Bank Services and cancel your account. You agree that, unless otherwise expressly provided in this Agreement, DKEY Bank will not be responsible for any modification or termination of DKEY Bank Services by you or any third party, or suspension or termination of your access to DKEY Bank Services.
Force Majeure. DKEY Bank will not be liable for any delay or failure to perform as required by this Agreement because of any cause or condition beyond DKEY Bank’s reasonable control.
Severability. If any portion of this Agreement is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of this Agreement, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
Assignment. You may not assign or transfer any right to use DKEY Bank Services or any of your rights or obligations under this Agreement without prior written consent from DKEY Bank, including any right or obligation related to the enforcement of laws or the change of control. DKEY Bank may assign or transfer any or all of its rights or obligations under this Agreement, in whole or in part, without notice or obtaining your consent or approval.
Waiver. The failure of one party to require the performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of this Agreement or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
Third-Party Website Disclaimer. Any links to third-party websites from DKEY Bank Services does not imply endorsement by DKEY Bank of any product, service, information or disclaimer presented therein, nor does DKEY Bank guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party products and services, DKEY Bank will not be liable for such loss. In addition, since DKEY Bank has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
Contact Information. For more information on DKEY Bank, you may refer to the company and license information found on DKEY Bank websites. If you have questions regarding this Agreement, please feel free to contact DKEY Bank for clarification via our Customer Support team.
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