“Additional Terms” has the meaning given to it in Clause 13.5;

"Applicable Law" means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;

“BingX Mini” means the BingX Mini mobile application;

“BingX Mini Account” means the account registered to use or access BingX Mini;

“BingX Mini Technology” has the meaning given to it in Clause 11;

"Force Majeure Event" means an event or failure which is beyond our reasonable control including (a) Acts of God, nature, court or government; (b) failure or interruption in public or private telecommunication networks, communication channels or information systems; (c) acts or omissions of a party for whom we are not responsible; (d) delay, failure or interruption in, or unavailability of, third-party services and sites; (e) strikes, lockouts, labour disputes, wars, terrorist acts and riots; (f) viruses, malware, other malicious computer codes or the hacking of any part of BingX Mini and related applications or software;

“include/including” means to include without limitation;

"Instructions" means all information, instructions, communications, orders or messages given to us by you via BingX Mini;

"Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

“Relevant Materials” has the meaning given to it in Clause 12.2;

"Restricted Jurisdictions" means the countries or jurisdictions subject to prohibitions or restrictions on accessing or using BingX Mini, including any location through which BingX Mini does not offer the Services, including but not limited to Afghanistan, Burundi, Cambodia, Canada, Central African Republic, China (Mainland), Cuba, Democratic Republic of the Congo, Hong Kong SAR, Iran, Laos, Macau SAR, Myanmar, Netherlands, North Korea, Panama, Singapore, Somalia, United Kingdom, United States (including all U.S. Territories & Minor Outlying Islands), and the Crimea, Donetsk, and Luhansk regions of Ukraine. BingX Mini may revise, amend, or update the list of Restricted Jurisdictions from time to time at its sole discretion.

“Services” has the meaning given to it in Clause 3.1;

"Taxes" means any taxes, duties or fees that are incurred, or required to be collected, paid or withheld for any reason in connection with your use of BingX Mini under any Applicable Law;

"User Interface" means the graphical, visual, and interactive elements of the software through which a user interacts with the software. This includes, but is not limited to, screens, pages, controls (such as buttons, icons, checkboxes, and text fields), layouts, typography, color schemes, and all other visual and interactive components presented to the end-user for the purpose of inputting information, receiving output, and navigating the functionalities of the software;

"we/us/our" means BingX Mini; and

"you/your" means the user(s) of BingX Mini.
 

4.1. By signing up for the use of BingX Mini, you represent and warrant that:
4.1.1. you are at least eighteen (18) years of age or the minimum age required in your jurisdiction of residence to have the necessary legal capacity, right, power and authority to accept these Terms;

4.1.2. you have the full right, power, and authority to agree to these Terms;

4.1.3. you are not resident or a tax resident of, and do not otherwise have any relevant connection with, any Restricted Jurisdictions;

4.1.4. you are not a resident or tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms is unlawful or restricted in any way or requires licensing, registration or approval of any kind;

4.1.5. you are not impersonating any other person, operating under an alias or otherwise concealing your identity;

4.1.6. you are not on any of the sanctions lists published and maintained by the United Nations, European Union, any EU country, UK Treasury or US Office of Foreign Assets Control (OFAC);

4.1.7. you agree that you shall use BingX Mini and the Services for legitimate purposes only, and you shall not have the intention of using BingX Mini and the Services in non-compliance with Applicable Laws;

4.1.8. you will not use BingX Mini if any applicable laws in your country prohibit you from doing so in accordance with these Terms or if we make it clear to you in our Terms or disclaimers that certain features or services are not available in your jurisdiction; and

4.1.9. you are compliant with all Applicable Law requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements.

5. Your Information

5.1. You agree to, at all times, cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your use of BingX Mini. We may require additional information or documents from you, which may include, but without limitation, identity or address proof, your tax identification number, or government-issued identification.

5.2. You hereby represent and warrant that any and all information provided to us or any of our third-party service providers is always complete, accurate and up to date in all respects and that in the event that such information ceases to be complete, accurate and up-to-date, you shall provide us and third-party service providers with such revised and updated information without delay. Failure to provide up-to-date information may result in your inability to or adversely affect your use of BingX Mini. You undertake to indemnify us and any third-party service providers for any and all losses and damage incurred as a result of your failure to provide complete, accurate and up-to-date information at any point during your use of BingX Mini.

6. Fees

6.1. BingX Mini is provided free of charge. We may introduce fees for certain premium features in the future. Such fees may be subject to change at our sole discretion, and any applicable fees will be displayed prior to you using any Service to which a fee applies.

6.2. You may incur charges from third parties for use of linked content or services you access through BingX Mini. Such fees are not charged by BingX Mini.

7. Limitation of Services/Termination

7.2. If you wish to suspend or terminate your access to and use of BingX Mini, you may simply uninstall BingX Mini from your device. Any suspension or termination shall not affect any rights and obligations accrued prior to such suspension or termination.

8. Security

8.2. You shall immediately notify us of any unauthorized use of your BingX Mini Account or any other breach of security.

9. Data Protection

By using BingX Mini, you confirm that you have read and accepted our Privacy Policy (as updated from time to time) and understand how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorized service providers and relevant third parties.

10. Electronic Communications

10.1. You shall accept full responsibility for the security and authenticity of all Instructions and you shall be bound by all such Instructions. We shall be entitled to assume that all Instructions received from the email you provide or your BingX Mini Account are yours. We shall be under no obligation whatsoever to verify that such communications are in fact yours.

10.2. You are aware that Instructions and information transmitted via BingX Mini are generally transmitted via the internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information so transmitted will be completely protected against unauthorized access, and you accept these associated risks.

10.3. You acknowledge and agree that in the event of any dispute arising in connection with your use of BingX Mini, our records (including electronic, computer and microfilm stored records) of all matters relating to your use of BingX Mini at any specified date shall be conclusive of their accuracy and authenticity and shall be binding on you for all purposes. In addition, you agree to the admissibility of such documents without further requirement of proof of authenticity or accuracy in a court of law under applicable evidentiary law, rules and/or regulations.

BingX Mini owns all rights, title and interest in BingX Mini and our proprietary technology, including our software (in source and object forms), algorithms, User Interface designs, architecture, and documentation (both printed and electronic), network designs, know-how, and trade secrets, and including any modifications, improvements, and derivative work thereof (the "BingX Mini Technology"). When you accept these Terms, we grant you a personal, non-exclusive, limited, revocable and non-transferable license to use BingX Mini Technology without the right to sublicense. You may only use BingX Mini in a manner consistent with these Terms, and you shall not interfere with, disrupt, or cause damage to any other users of BingX Mini, produce any derivative work based on BingX Mini Technology, nor shall you translate, reverse engineer, decompile or disassemble BingX Mini Technology.

12. Accessible Services and Contents

12.1. BingX Mini may include descriptions, advertisements, or references to a third party's website, product, or services ("Relevant Materials"). Acceptance of advertising is determined by BingX Mini at its sole discretion. When using Relevant Materials, you understand that you are interacting with third-party content. We do not have control over the Relevant Materials, do not warrant, sponsor, promote, or endorse, and are not responsible for the accuracy, availability or legitimacy of the content, products, or services on or accessible from those Relevant Materials (including any related websites, resources or links displayed therein). BingX Mini retains the right to remove any advertisements in BingX Mini at its sole discretion and bears no liability for the removal of such advertisements. You acknowledge sole responsibility for and assume all risk arising from your use of any Relevant Materials. BingX Mini is not liable for any claim, damages or other liability, whether in contract, tort or under any other theory of liability, arising from, out of or in connection with the Relevant Materials.

17. Additional User Representation and Warranties

17.1. You agree to solely bear the responsibility for any and all activities that occur in connection with your use of the Services and under your BingX Mini Account. If you fail to comply with these Terms, Additional Terms, or BingX Mini's operating instructions, BingX Mini shall not be liable for any losses.

17.2. You agree that if you have a dispute with BingX Mini or other third parties as a result of the use of a third-party service, you shall not request BingX Mini to provide relevant information through channels other than judicial or administrative channels.

17.3. You fully understand all risks associated with using our Services, and you have the necessary experience, understanding, and risk tolerance for using our Services.

17.4. You shall carefully consider and use clear judgment to evaluate your financial situation and risks before making any decisions to use our Services, and you shall bear any and all losses arising from your decisions.

17.5. You shall not use the Services for any illegal purposes, including without limitation, illegal gambling, money laundering, fraud, extortion, data breaches, terrorist financing, and any other violent acts or any businesses prohibited by Applicable Laws.

17.6. You shall not conduct, initiate, or promote any forms of unfair practices or other forms of illegal conduct, including without limitation, illegal gambling, money laundering, fraud, extortion, data breaches, terrorist financing, and any other violent activities or businesses prohibited by Applicable Laws.

17.7. You shall not use our Services to engage in money laundering, stealing trade secrets, stealing personal information, or any other illegal or criminal activities.

17.8. You shall not in any way or capacity interfere with BingX Mini's normal operations or intrude upon BingX Mini's computer systems, including using our Services in any way that causes or may cause damage to our Services or impair the availability of or accessibility to the Services.

17.9. You shall not transmit or publish any illegal, criminal, harassing, slanderous, abusive, intimidating, harmful, vulgar, obscene, uncivilized or other similar information materials.

17.10. You shall not solicit others to engage in acts prohibited by these Terms or Applicable Laws.

17.11. You shall not use your BingX Mini Account for for-profit business operations and activities that are prohibited by these Terms or Applicable Laws.

17.12. You shall not infringe upon the copyrights, trademark rights, and other intellectual property rights or legal rights and interests of any third party.

17.13. BingX Mini's goodwill and reputation will not be maliciously slandered by means of fiction, exaggeration of facts, or any other derogatory and/or false manner.

17.14. You shall not engage in other acts that violate Applicable Laws, public order and good customs, internet or online interests, or any other acts that BingX Mini reasonably determines to be inappropriate.

17.15. If you fail to comply with any of the above, BingX Mini has the right at its sole discretion to immediately suspend or terminate your access to the Services and take other measures without assuming any liability.

17.16. You shall strictly abide by the various rules and regulations announced or modified by BingX Mini from time to time. BingX Mini reserves the right to delete any information or content which does not comply with laws or regulations or is untrue or inappropriate without notifying you, and BingX Mini shall not bear any liability.

18. Indemnification

You agree to indemnify and hold harmless BingX Mini and third-party service providers, and each of their shareholders, officers, directors, agents, joint venture entities, employees and representatives, from and against any and all claims, liability, costs, demands and expenses (including, without limitation, legal fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (a) your breach of any of these Terms; (b) your wrongful or improper use of BingX Mini; (c) any third party's access or use of your BingX Mini Account; or (d) your violation of any applicable law, rule, regulation, or the rights (proprietary or otherwise) of any third party.

19. Taxes

It is your sole responsibility to determine whether, and to what extent, any Taxes apply to your use of BingX Mini, and to withhold, collect, report and remit the correct amounts of such Taxes to the appropriate tax authorities. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority.

20. Transfer, Assignment or Delegation

These Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within BingX Mini, or to any successor in interest of any business associated with BingX Mini. Any attempted transfer or assignment in violation hereof shall be null and void.

21. Severability

22. Entire Agreement/Translation

22.1. These Terms, together with all exhibits, annexes, and schedules attached hereto, constitute the entire agreement between the parties with regard to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, whether oral or in writing, express or implied. Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.

22.2. These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.

22.3. For your convenience, you may choose to view BingX Mini in your local language. For the avoidance of doubt, these translations are supplied for users' convenience only. BingX Mini does not guarantee the accuracy of these translations. In the event of dispute, the English language version of all disclaimers, communications or terms shall prevail.

23. Waiver

These Terms shall not be waived in whole or in part except where agreed by all parties in writing. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.

24. Notices and Communications

By using BingX Mini, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of BingX Mini electronically: (a) via email (in each case to the address that you provide), or (b) by posting to any public channel. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.

25. Third Party Rights

Other than any entities within BingX Mini, a person who is not a party to these Terms has no right to enforce any of these Terms.

26. Resolving Disputes: Forum, Arbitration, Class Action Waiver

26.1. Notification of Dispute. Please contact BingX Mini first! BingX Mini wants to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting BingX Mini at support@bingx.com.

26.3. Arbitration Procedure. Either you or BingX Mini may submit a dispute (after having made good faith efforts to resolve such dispute in accordance with Clauses 26.1 and 26.2 above) for final, binding resolution by arbitration under the arbitration rules of the Hong Kong International Arbitration Centre ("HKIAC"), which are deemed to be incorporated by reference. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the President of HKIAC. The language of the arbitration hearings shall be English and the seat, or legal place, of arbitration shall be Hong Kong. Judgment on any arbitral award may be entered in any court having jurisdiction over the party (or the assets of the party) due and owing such award.

26.5. You agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the "Confidential Information") shall not be disclosed to any non-party except the parties' attorneys, accountants, or business advisors, or otherwise as required by applicable law and any other person necessary to the conduct of the arbitration, and then subject to the condition that they agree to keep all such information and material confidential. This provision shall not prohibit you or BingX Mini from filing any award issued by the arbitrator in a court proceeding to confirm or challenge the award, although the filing party shall take reasonable efforts to obtain a court order to seal the award. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.