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Terms of Use
These Terms of Use ("Terms") establish a legally binding agreement between you (the "User") and Nines Corporation LLC (hereinafter referred to as "we", "us", "our", or the "Service"). These Terms govern your access to and use of all services provided by the Service. By utilizing our services, you confirm that you have read, understood, and agreed to these Terms. Additionally, you acknowledge that we may update or modify these Terms from time to time, and your continued use of our services signifies your acceptance of such changes.
Risk Warning
Trading digital assets involves substantial risk due to the highly volatile nature of digital asset markets. Users may incur significant financial losses from purchasing, selling, or holding digital assets. Before engaging in any digital asset trading activities, users are strongly encouraged to carefully assess their financial situation and risk tolerance to determine whether such activities are appropriate for them.
While we provide a comprehensive Risk Disclosure statement outlining various risks associated with our Services, it is important to note that this disclosure may not cover all potential risks and cannot offer personalized guidance tailored to each user's specific circumstances.
By using our services, you acknowledge that all investment and trading decisions are made at your own discretion and responsibility. You should independently assess the suitability of any investment strategy based on your personal objectives and financial situation. The Service does not offer financial advice, endorse, or recommend any particular digital asset transactions. Any gains or losses incurred as a result of your trading activities are solely your responsibility, regardless of any information obtained through our services.
Introduction
About Our Services
The Service provides a fully integrated digital asset platform that allows users to trade, manage, and securely store digital assets and derivatives. Through our advanced trading and custody solutions, along with a range of related services, users can efficiently engage in digital asset transactions.
Legal Agreement
These Terms form a legally enforceable agreement between you and the Service. They define the terms under which you may access and use our Services, including service provisions, procedures for modifying terms, dispute resolution mechanisms, and other key policies.
Eligibility
Requirements
To access and utilize our Services, you must satisfy the following conditions: (a) You must be an individual, corporation, legal entity, or other recognized organization with the full legal authority and capacity to: (i) use the Services; and (ii) enter into, fulfill, and adhere to all obligations set forth in these Terms. (b) If you are an individual, you must be at least 18 years old. (c) If you are acting on behalf of a legal entity as an employee or representative, you must have the legitimate authority to bind that entity to these Terms. (d) You must not have been previously restricted or banned from using any of our Services.
Modifications to Eligibility
We reserve the right to update or modify these eligibility criteria at our sole discretion at any time. It is your responsibility to consider these changes, as continued use of our services after modifications constitutes acceptance of the updated terms.
Account
Account Opening
(a) To access our Services, you are required to create an account. The creation and provision of accounts are subject to our sole discretion. We reserve the right to reject any account application without explanation and may also impose limits on the number of accounts you can maintain.
(b) By registering an account, you acknowledge that it is for your own use only and may not be used on behalf of any third party. You bear full responsibility for all actions and transactions conducted through your account.
Identity Verification
(a) To use our Services including transferring and trading digital assets, you must complete our identity verification process, either directly or through a third-party service, by providing specific personal information. All information submitted must be accurate, complete, and truthful. You are responsible for keeping this information up to date whenever any changes occur.
(b) You grant us permission to conduct necessary verification checks, either independently or via third parties, to confirm your identity, detect fraud, prevent money laundering, counter terrorist financing, and mitigate risks related to financial crimes. We may take appropriate actions based on the findings of these checks.
(c) By undergoing these verification procedures, you acknowledge and accept that your personal data may be shared including but not limited with identity verification agencies, compliance data registries, credit reference services, fraud prevention entities, or financial crime authorities, which may fully respond to our inquiries.
Enhanced Due Diligence
We may request that you complete an enhanced due diligence process, which could include submitting additional information, providing further documentation or records, or engaging in a video call with our representatives.
Records
We retain your personal data to enable your continued use of our Services for as long as necessary to fulfill relevant purposes, comply with legal requirements (such as tax, accounting, and anti-money laundering regulations), or as otherwise communicated to you.
Account Security
Your Responsibility
It is your responsibility to safeguard your devices and data against viruses, malware, and harmful content. Additionally, you must ensure that any information stored or transmitted through our Services is properly backed up. We are not responsible for any losses arising from your failure to take these precautions.
Security Measures
You must comply with the following security requirements: (a) Adhering to all recommended security measures; (b) Creating and maintaining a strong, unique password; (c) Keeping your registered email address updated to receive important notifications; (d) Avoiding remote access or screen sharing while logged into your account; (e) Never disclosing your passwords or two-factor authentication (2FA) codes to anyone. The Service never asks your password nor 2FA codes in any cases; (f) Logging out properly after each session.
Furthermore, you must safeguard your email account and login credentials from unauthorized access. If you suspect any security breach, you must notify us immediately.
Monitoring Your Account History
Regularly monitor your account activity to identify and report any unauthorized or suspicious transactions without delay, as security breaches could lead to the loss or theft of digital assets.
Information Requests
When We May Request Information
We may request additional information from you at any time. You agree to provide the requested details and acknowledge that we may retain these records for the duration of your account's existence or as long as necessary to fulfill their intended purpose, in accordance with legal requirements.
What Happens When You Provide Inaccurate Information
If, based on the information provided, we reasonably suspect that it is inaccurate, outdated, or incomplete, we reserve the right to take necessary actions.
If You Fail to Provide Requested Information
You are required to comply with any information requests we issue. Failure to provide the requested details or respond in a timely manner may result in the immediate suspension or termination of your account or restricted access to some or all of our Services, without prior notice.
Privacy
The Privacy Policy
(a) Our collection and use of personal data related to these Terms, our Services, the Platform, and any affiliated websites are governed by our Privacy Policy, which may be updated periodically. You acknowledge that any personal data you provide or that we collect in connection with these Terms will be processed in accordance with the Privacy Policy. This policy is an integral part of these Terms.
(b) You confirm and guarantee that: (i) You have read and fully understood our Privacy Policy; (ii) As our business continues to evolve, the Privacy Policy may be revised, and if we provide an updated version, you agree to review it promptly.
Services
Specific Product Conditions
After opening an Account, you gain access to the Services under the guidelines of these Terms that dictate the use of our Service.
Affiliated Services
You understand and agree that certain Services may be delivered by our third party service providers.
Assets
Supported Digital Assets and Market Pairs
The Services are exclusively available for supported digital asset derivatives, which may be updated periodically. We reserve the right to remove or suspend any listed assets or pairs and will make reasonable commercial efforts to notify you in advance. Once an asset or pair is removed, it will no longer be accessible through our Services.
Liability for Unsupported Transactions and Conversions
The Service is not responsible for any issues that arise from using your account with unsupported digital assets or from the conversion process. If you transfer unsupported digital assets to your account or send supported digital assets to an incompatible wallet, you acknowledge that such assets will be lost, and we bear no liability for these actions.
Pegged Digital Assets
(a) At times, we may offer support for digital assets that are pegged to other assets ("Pegged Digital Assets"). By engaging in transactions with these assets, you acknowledge that you have reviewed and accepted the associated terms and risks.
(b) The Service is not obligated to facilitate the purchase, repurchase, or redemption of these assets and reserves the right to modify, suspend, or discontinue related Services at its sole discretion. We do not guarantee that any pegged digital asset will maintain its value or that its reserves or collateral will always be sufficient to support its backing.
Transactions
Initiation of Transactions
You may engage in transactions exclusively with the Service. Please note that we do not guarantee that any transaction will be completed successfully or within a specific time frame.
Unauthorized Transactions
(a) You are solely responsible for the security and use of your account. Consequently, any instruction transmitted from your account is presumed to be authorized by you unless we receive notice otherwise.
(b) It is essential that you regularly review your account history and promptly report any suspicious or unauthorized activities. The Service shall not be liable for any losses or claims arising from a transaction based on an unauthorized instruction.
Retention of Transaction Records
To adhere to global data retention standards, you acknowledge that the Service may store records of all transaction-related information for the lifetime of your account or for any duration required by applicable law, even if you have no right to demand such retention.
For more details on how we collect and utilize data in connection with our Platform and Services, please refer to our Privacy Policy.
Transaction Limits
Your Transaction Limits
(a) Your account may be subject to restrictions on: (i) The volume or number of transactions you may execute through your account; and/or (ii) The quantity or value of digital assets you may deposit into or withdraw from your account, all measured over a specified period (e.g., daily). Any applicable limits will be displayed within your account.
(b) We reserve the right to modify any transaction limit applicable to your account at any time, at our sole discretion. While you may request adjustments to your limits, any such change will be made entirely at our discretion and may be subject to additional conditions we deem necessary.
Changes to Your Transaction Limits
We reserve the right to modify any transaction limit applicable to your account at any time, at our sole discretion. While you may request adjustments to your limits, any such change will be made entirely at our discretion and may be subject to additional conditions we deem necessary.
Account Information and Transaction Logs
Accessing Your Account Information
You can access and review your account details directly through our Platform. It is your responsibility to regularly check your account history.
Corrections and Adjustments
We reserve the right to correct inaccuracies in your account log at any time. For derivative transactions executed with improper intent or manifest errors, the Service may take appropriate measures without incurring any fee, penalty, or liability.
Disclosure of Account Information
In compliance with these Terms and applicable laws, we may disclose information about your account and transaction history to third parties. By using our Services, you agree to such disclosures. For further details on how we manage and protect your data, please refer to our Privacy Policy.
Fees
Fee Obligations
You agree to pay all applicable fees associated with the use of our Services. These may include but not limited to:
-Trading fees incurred for completed transactions.
-Withdrawal fees for transferring digital assets from your account.
-Additional fees, such as funding charges or other costs related to specific benefits or linked Services, which will be applied and collected in accordance with our established fee policies.
Fee Collection
You grant us permission to automatically deduct any applicable fees from your account. Trading fees are calculated as a percentage of the total transaction value and will be deducted from your account at the time of trade execution.
Fee Changes
We reserve the right to modify our fees periodically, without prior notice. Any changes will take effect on the specified date. By continuing to use the Services after the adjustments take effect, you acknowledge and accept the updated fee structure.
Account Closing
Your Right to Close Your Account
You may terminate your account at any time by following our current account termination procedures. No fee will be charged for closing your account; however, you must settle any outstanding amounts owed.
By closing your account, you authorize us to cancel or suspend any pending transactions and deduct any outstanding debts from your account.
In certain circumstances, you may be prevented from closing your account, including if:
-You are evading an investigation,
-You have a pending transaction or an open claim,
-You owe outstanding amounts, or
-Your account is subject to a freeze, hold, limitation, or reserve.
What Happens When You Request to Close Your Account
Once processed, your account will be deactivated, and you will no longer have access to it or any assets therein.
You will not be able to open a new account using the same email address and identity unless you complete the required verification process and request reactivation.
What Happens When Your Account Is Closed
Upon closure, we may:
-Archive your account information for up to fifteen (15) years to comply with legal and regulatory requirements and for internal record-keeping.
-Permanently close the deactivated account at any time.
You acknowledge that we are under no obligation to pay any reward, incentive, or interest relating to the digital assets credited to your deactivated account.
Intellectual Property
Ownership of Platform IP
All rights, title, and intellectual property related to the Platform remain the sole property of the Service. No rights are granted to use the Service's or any third party's intellectual property except as expressly provided in these terms.
Third-Party Content
The Platform may offer content from third parties (e.g., quotes, videos, photos). The Service does not guarantee the accuracy or completeness of such content, and all rights remain with the original providers. Use of such content is at your own risk.
Access Rights and Limitations
You may access the Platform on a single mobile device using your user credentials, provided that you comply with these terms. All other rights are reserved by the Service, and any violation may result in immediate termination of access.
Restrictions on Use
You agree not to: (a) Modify, reproduce, translate, or create derivative works of the Platform or its content; (b) Remove or alter any copyright or trademark notices; (c) Misrepresent the Platform or provide false information; (d) Use the Platform for commercial purposes without prior authorization from the Service.
User Content and Data Authorization
You authorize the Service to use any information you provide—including personal, geographic, and device data—solely for the purpose of delivering and securing Services on the Platform.
General
No Responsibility for User Material
You agree and acknowledge that: (a) The Service is not responsible for any user material—whether provided by you or by third parties—that may be made available on the Platform; (b) Your use of any such user material is entirely at your own risk, and we make no warranties regarding its accuracy, validity, or completeness.
Recording Communications
You agree that we may record any communications with you—whether electronic, by telephone, over video call, or otherwise—in connection with these terms. Any recordings we retain will serve as evidence of communications between you and us.
You further agree that telephone conversations and video calls may be recorded for purposes including, but not limited to: (i) Responding to inquiries; (ii) Ensuring compliance with applicable laws; (iii) Improving our Services; and (iv) Providing customer support.
Prohibited Use
By opening an account or conducting any transaction, you agree not to: (a) Breach these terms or any related agreements; (b) Engage in any activity intended to manipulate the market prices of digital assets; (c) Commit fraud or engage in activities that reasonably raise suspicion of fraudulent behavior; (d) Receive duplicate funds or conduct transactions that result in negative balances or excessive liabilities; (e) Provide false, misleading, or inaccurate information; (f) Use automated tools (e.g., bots, crawlers, scripts) to access, copy, or bypass the Platform's structure or security measures; (g) Modify or incorporate the Platform into another application without authorization; (h) Reverse-engineer, decompile, or extract the Platform's source code or underlying concepts; (i) Alter, exploit, or commercially use any intellectual property of the Service; (j) Distribute or propagate malware or harmful software; (k) Use anonymizing proxies, disposable emails, or other methods to bypass our controls; (l) Create any security interest or lien over your assets without our prior written consent; (m) Violate any applicable law or infringe on intellectual property or privacy rights; (n) Access or use the Services if you are located in or associated with a high-risk jurisdiction or entity as defined by the Service.
Our Right to Modify or Discontinue Services
We reserve the right to modify or discontinue any part or feature of the Services at any time, either temporarily or permanently. In particular, we may refuse, block, cancel, or reverse any authorized transaction; terminate, suspend, or restrict your access to the Services or your account; refuse to transmit information to third parties; or take any other necessary action immediately.
These measures may be taken if, for example: (i) You are no longer eligible to use our Services; (ii) We suspect that your account is being misused, accessed by someone other than you, or that the information you provided is inaccurate, outdated, or incomplete; (iii) We have concerns about your financial status, such as bankruptcy, insolvency, or actions that negatively impact your creditworthiness; (iv) You have not provided required documents or completed enhanced due diligence; (v) We are legally required to take action or directed to do so by a court or regulatory authority; (vi) We determine that you have breached these terms or that any transaction is unauthorized, fraudulent, or unlawful; (vii) Your account is involved in litigation, an investigation, or regulatory proceedings, or poses a high risk of non-compliance; (viii) You have unpaid amounts or your registered email is undeliverable; (ix) There are issues with verifying your identity; (x) You attempt to circumvent our controls, such as by opening multiple accounts or abusing promotions; (xi) Any other valid reason necessitates such action.
While we endeavor to provide reasonable notice, applicable laws may sometimes prevent us from doing so in advance.
Representations and Warranties
You represent and warrant to the Service that, at all times: (a) All documents and information you provide are true, accurate, complete, and current. The Service may rely on this information to determine your eligibility to access the Platform and use the Services; (b) Your decisions under these terms are based solely on your independent judgment after assessing your financial resources, risk tolerance, and objectives; (c) You have the full power and authority to use the Platform and Services and to fulfill your obligations under these terms and any related agreements, including any product terms; (d) If you represent a corporation, partnership, or trust, you confirm that the entity is operated in accordance with applicable law and its governing documents. You will promptly notify the Service of any changes affecting those authorized to manage your account and immediately inform the Service if the entity is dissolved; (e) You have obtained all necessary consents, approvals, and filings required for you to access and use the Platform, and these remain in effect; (f) These terms, along with any related agreements, constitute valid and binding obligations enforceable against you; (g) You represent that you are not a restricted person; (h) If you are a legal entity, you confirm that you are duly incorporated and have full authority to conduct business. If you are an individual, you represent that you are at least 18 years old; (i) Your use of the Platform and Services will not cause any breach of your governing documents (if applicable), any other binding agreements, or any violation of applicable law, court orders, or regulatory decisions.
Technology Disclaimers
No Representation or Warranty
(a) We do not guarantee continuous, uninterrupted, timely, or error-free access to the Platform, your account(s), Services, or any materials therein. As a result, you may experience periods when trading is unavailable or subject to delays.
(b) We may suspend access to your account and/or Services for scheduled or emergency maintenance. Although we strive to process transactions promptly, processing times may vary due to factors beyond our control.
Suspension of Access
We may suspend access to your account and/or Services for scheduled or emergency maintenance. Although we strive to process transactions promptly, processing times may vary due to factors beyond our control.
Content Accuracy
While we make efforts to keep the Platform's content up to date, we do not guarantee that any information—including that related to the Services—is accurate, complete, or current.
Third-Party Websites
For your convenience, the Platform may include links to third-party websites. However, we do not control these sites and are not responsible for any content, materials, information, or Services they provide.
Network Access and Compatibility
(a) You are responsible for obtaining the necessary network access and ensuring that your hardware or devices are compatible with the Services and the Platform, including any updates.
(b) We do not guarantee that the Services will function on any specific hardware or device, and delays or malfunctions may occur due to the inherent limitations of the internet and electronic communications.
Means of Communication
Contacting Us
You may contact the Service regarding these terms and Services through our customer service channels.
Contacting the User
(a) We will contact you using the email address you provide to us. It is your responsibility to ensure that your email address is correct and up to date. If your email address changes, you must notify us immediately.
(b) Delivery of any communication to the email address on our records is considered valid. If an email communication is returned as undeliverable, we shall not be liable for any consequences resulting from your failure to receive such communications until you provide and confirm a new and valid email address.
(c) We shall not be responsible for any missed information, notices, or other important updates due to an incorrect or outdated email address.
Liability
Our Liability
The Service shall only be liable for losses directly resulting from our gross negligence, willful misconduct, or actual fraud. You must prove that such losses were solely and directly caused by our actions and that you took all reasonable steps to mitigate the losses. In any event, our total liability is limited to the fees you paid during the 3 months preceding the loss, which shall be the final settlement for any claims. You acknowledge that damages are an adequate remedy and waive any further claims, including those for specific performance or injunctions.
Limitations on Liability
(a) Except as provided above, the Service is not responsible for any direct, indirect, incidental, special, consequential, or punitive damages (including but not limited to loss of profits, business, data, or opportunities) arising from your use of the Services, even if we were aware of the possibility of such damages and regardless of the legal basis for the claim. However, this term does not apply to damages caused by the Service's intentional wrongdoing or negligence.
(b) Specifically, the Service is not responsible for losses due to: (i) Your actions, errors, or omissions (e.g., incorrect trade inputs, failure to follow instructions, misuse of the Services); (ii) Your breach of these Terms or applicable laws and regulations; (iii) Any tax obligations, reporting, or payment issues arising from your cryptocurrency transactions. You are solely responsible for understanding and complying with your local tax laws; (iv) Risks disclosed in our risk disclosure documents; (v) Issues with the operation, security, or availability of digital asset protocols and the devaluation of related assets; (vi) Inaccuracies, delays, interruptions, maintenance, or technical issues (including malware, hacking, or connectivity problems); (vii) Unauthorized transactions, account restrictions, or processing delays; (viii) Third-party actions (e.g., fraud, scams, issues with asset transfers); (ix) Events beyond our control (e.g., network events, forks, natural disasters, regulatory changes, or other force majeure events); (x) Your failure to protect your account credentials, private keys, or other security information; (xi) Manifest errors, extreme market volatility, or changes in trade status.
Claim Filing Deadline
Any claim must be filed within 2 weeks of the event that caused the loss, or your right to pursue the claim will be waived.
Legal Scope
The limitations of liability set forth in this section apply to the maximum extent permitted by law, and if any part of this section is found to be unenforceable, the remainder shall continue in full force and effect. You acknowledge that these limitations are a fundamental element of this agreement, and the Service would not provide the Services without them.
Damage or Interruption
(a) The Service is not liable for damages or interruptions caused by viruses, malware, phishing, spoofing, or similar attacks affecting your equipment.
(b) Additionally, you are responsible for securing your login credentials, as SMS or email communications may be susceptible to spoofing or phishing.
Indemnity
Third-Party Claims and Release
(a) You agree to indemnify and hold the Service harmless from any claims, lawsuits, or actions brought by third parties, governmental authorities, or industry bodies.
(b) This indemnity covers all liabilities, damages, losses (direct or indirect), costs, and expenses—including legal fees—that result from: (i) Your use of your account and the Services; (ii) Your breach of these terms (or related agreements); (iii) Your violation of applicable law; or (iv) Your infringement of any third-party rights.
(c) Furthermore, you irrevocably release the Service from any claims related to disputes with other users or third parties concerning the Services or these terms, and you waive any rights to pursue further claims now or in the future for any such losses.
Governing Law
Governing Law and Dispute Resolution
(a) These terms, including the arbitration clause, are governed by the laws of the Republic of Korea, except as otherwise required by law.
(b) Any dispute arising from these terms or the Platform will be resolved by arbitration in the Republic of Korea under the current rules of the Korean Commercial Arbitration Board (KCAB). The arbitration will be conducted by a single arbitrator in Korean.
(c) The arbitration award is final and enforceable, and both parties must comply with its terms once it is issued.
Confidentiality
(a) Both parties agree that all aspects of the arbitration—including its existence, claims, exchanged documents, submissions, decisions, and awards—must remain confidential and be disclosed only to essential personnel.
(b) Disclosure is permitted only with written consent, when required by law or a court order, for bona fide legal proceedings, or if the information is already public. This confidentiality obligation survives both the termination of these terms and the conclusion of arbitration.
Class Action Waiver
(a) You agree that all claims must be resolved solely through individual arbitration with the Service, and you waive any right to participate in or bring a class, collective, or representative action.
(b) Individual arbitrations cannot be consolidated without our express consent.