OKX Rubix Terms of Service (UAE)

Published on 4th November 2025

DISCLAIMER:

We are not your broker, intermediary, agent, or advisor and we have no fiduciary relationship or obligation to you in connection with any transactions or other activities you undertake when using the Service. This activity does not constitute and shall not be considered to be (i) investment advice or an investment recommendation, (ii) an offer or solicitation to buy, sell, or hold virtual assets, or (iii) financial, accounting, legal, or tax advice.

It is your responsibility to determine 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 are responsible for any associated loss or liability. We do not recommend that any Virtual Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell, or hold any Virtual Asset, you should conduct your own due diligence and consult your financial advisor. Please consult a legal, tax, or investment professional for advice or questions specific to your circumstances. We are not responsible for the decisions you make to buy, earn, sell, or hold Virtual Assets based on the information provided by us, including any losses you incur arising from those decisions.

1. Overview

1. The OKX Rubix Service (the "OKX Rubix Service" or "Service") is provided to you ("you" or "Customer") by OKX Middle East Fintech FZE (“OKX”, “we,” “us” or “our”) an entity incorporated in the Dubai World Trade Centre in Dubai and regulated by the Dubai Virtual Asset Regulatory Authority ("VARA") to offer VA Exchange Services, VA Management and Investment Services, VA Broker-Dealer Services and VA Lending and Borrowing Services under license VL/23/12/003. OKX is a part of the OKX Group, a global cryptocurrency exchange providing services in Digital Assets across a number of jurisdictions. OKX and its Affiliates operate a virtual currency exchange and OKX Platform (the "Exchange" or "OKX Platform"). The Service is offered as crypto-as-a-service ("CAAS") to eligible Customers. Each of OKX and Customer is a "party" and together, the "parties".

2. This OKX Rubix Terms of Service (the "TOS") and any relevant terms and conditions, service terms, user agreements, transaction and operation rules, policies, announcements and other rules (as amended and restated from time to time) published by OKX from time to time in connection with this Service, including but not limited to,Terms of Service - OKX Middle East Fintech FZE, Risk Disclosure Statement - OKX Middle East Fintech FZE (collectively, these "Terms") govern your use of this Service and related services entered into by and between you and OKX. In order to use the Service, you should carefully read and understand these Terms. By using the Service, you are deemed to have read, understood and agreed to these Terms. Such acceptance constitutes a legally binding agreement.

3. In the event of any conflict or inconsistency between any term or provision set forth in these Terms and the Terms of Service - OKX Middle East Fintech FZE, such conflict or inconsistency shall be resolved by giving precedence to these Terms. All provisions, including definitions, of theTerms of Service - OKX Middle East Fintech FZE not modified by these Terms shall remain in full force and effect. Capitalized terms not defined here are defined in the Terms of Service - OKX Middle East Fintech FZE.
   

2. Definitions

1. "Acceptable Use" has the meaning given in Clause 9.

2. "Access IDs" means OKX Account details, username, passwords, personal identification numbers, API keys, API secret keys, or any other codes or forms of authentication that you or your End-User uses to access the OKX Account or the Service or to send instructions.

3. "Affiliate" means any corporation, company or entity, whether presently or hereafter, that directly or indirectly controls, is controlled by or is under common control of OKX whether in the context of ownership, or under business commitments or agreements.

4. "Backed Virtual Asset" means Virtual Assets that purport to be backed by or otherwise tied or pegged in value to another asset, including Virtual Assets, fiat currency or commodities such as silver or gold, and which carries the risk that its market value may diverge from its purported peg or fail to hold its value.

5. "Customer Information" has the meaning given in Clause 9.

6. "Virtual Asset" means a digital representation of value that may be digitally traded, transferred, or used as an exchange or payment tool, or for investment purposes. This includes Virtual Tokens, and any digital representation of any other value as determined by VARA.

7. "End-User" means, where applicable, your client on whose behalf you access the Service under these TOS.

8. "Exchange Data" has the meaning given in Clause 9.

9. "Intellectual Property Rights" means all intangible property rights protected by law anywhere in the world, including all copyrights (including, without limitation, the exclusive right to reproduce, distribute copies of, display and perform the copyrighted work and to prepare derivative works), copyright registrations and applications, trademark rights (including trade dress), trademark registrations and applications, service mark rights, service mark registrations and applications, patent rights (including the right to apply therefor), patent applications therefor (including the right to claim priority under applicable international conventions) and all patents issuing thereon, and inventions, whether or not patentable, together with all utility and design, know-how, specifications, trade names, mask-work rights, trade secrets, moral right, author’s rights, algorithms, rights in packaging, goodwill and other intangible property rights, as may exist now and/or hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any other state, country or jurisdiction.

10. "Mark" means any of the trade names, logos, trademarks, trade devices, trade dress, service marks, symbols, abbreviations or registered marks, or contractions or simulations thereof, branding, or any other indicia or origin.

11. "PII" has the meaning given in Clause 5.

12. "Principal Place of Business" means the location from which the officers, partners, managers or traders of Customer primarily direct, control, and coordinate the activities, including trading, trading analysis, or trading or investment strategy, of Customer.

13. "Restricted Person" means a person or legal entity who (a) is included in any trade embargoes or economic sanctions, terrorist or corrupt foreign officials list (such as the United Nations Security Council Sanctions List, issued by a government agency including the list of specially designated nationals maintained by the office of foreign assets control of the U.S. Department of the Treasury (OFAC), or the denied persons or entity list of the U.S. Department of Commerce), or by the United Kingdom, European Union, Canada; or (b) resides, or is established, or has operations in, in any Restricted Location.

14. "Security Breach" means: (i) your OKX Account(s) or any of the Access IDs have been compromised; (ii) the loss, theft, or unauthorised use of any of the Access IDs or any unauthorised access to and use of your OKX Account or the Service on your behalf; or (iii) any other security incident (including a cyber-security attack) affecting you, the End-User and/or OKX.

15. "Software" has the meaning given in Clause 9.

16. "Support" has the meaning given in Clause 5.

17. "Travel Rule" means the regulatory requirement requiring that certain information about the sender and receiver of a financial transaction be transmitted and stored when funds are transferred.

3. Eligibility

1. In order to become eligible to use the Service, you must apply with us and receive our written approval.

2. Your eligibility to use the Service is subject to your adherence to the Terms and full compliance with applicable laws and regulations such as anti-money laundering (AML), counter-terrorist financing (CTF), and sanctions regulations.

3. Your eligibility to use the Service is subject to OKX's enhanced due diligence, including but not limited to, (i) risk assessment, (ii) KYC/KYB procedures, (iii) verification of applicable licenses and regulatory standing; (iv) transaction monitoring; and (v) applicable compliance attestations.

4. OKX may require you from time to time to provide all necessary documentation to verify your and/or your End-User's licensing and regulatory status and compliance with all applicable laws and regulations, and you shall promptly provide all required documentation. OKX reserves the right to suspend or terminate the Service, if such regulatory status or compliance is deemed insufficient or non-compliant at our sole discretion.

5. In order to be eligible to use the Service, you must:

• be an individual, corporation, legal person, entity or other organisation with the full power, authority and capacity to (1) access and use the Service; and (2) enter into and comply with your obligations under these Terms;

• if you are an individual, be at least 18 years old;

• if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorised to act on behalf of, and bind, such legal entity for the purposes of entering into these Terms;

• not have been previously suspended or removed from using services provided by OKX or its Affiliates;

• not be a Restricted Person;

• not be located, incorporated, otherwise established in, a citizen of, or resident of, or have business operations in: (i) a jurisdiction where it would be illegal under applicable law for you to access or use the Service, or cause us or any third party to contravene any applicable law; or (ii) a country, which is a Restricted Location.

6. We may amend our eligibility criteria at any time in our sole discretion. Where possible, we will give you at least 5 (five) calendar days' notice in advance of the change. However, we may occasionally need to make changes without telling you in advance. This may include where:

• we are making the change as a result of legal and/or regulatory changes;

• the changes being made are in your interest; and/or

• there is any other valid reason which means there is no time to give you notice.

Where we are unable to give you advance notice, we will let you know of the change as soon as possible after it is made.

4. Use of the Service

4.1 Features

The Service may include multiple features, which are not available to all Customers. Access to some of the features may require agreement to product-related terms or rules (which are included in the Terms), individual applications and OKX's specific approval or the execution of applicable agreements or side letters. The availability of the Service is subject to OKX's maintenance schedule and technical updates from time to time with or without notice.

4.1.1 Sub-account

If enabled, one or more levels of sub-accounts may be available under your master account. The first level of sub-accounts may be created directly under your master account, and the second level of sub-accounts may be created under a first level sub-account. Each entity (e.g., natural person) associated with a sub-account is subject to the identity verification requirements.

4.1.2 API

APIs may be provided by OKX for the purpose of:

• order placement, real-time market data access, and account management;

• access via REST, WebSocket, and/or FIX protocols;

• sandbox and production environments.

4.1.3 Trading

Trading of Virtual Assets may be provided for the purpose of:

• Spot trading

Trading products available on OKX are subject to:

• Applicable trading rules, market access limits, and execution policies; and

• Product eligibility based on jurisdiction.

4.1.4 Post-Trade Settlement (PTS)

Eligible Customers or End-Users may engage in trading activity on the Exchange using pre-allocated funding provided by OKX that, rather than being settled immediately, will be settled on a later basis.

4.1.5 Liquidity

Access to the following may be provided (with no guarantee of continued liquidity in any asset or product):

• Aggregated internal and external order books; and

• Direct Market Access (DMA), market-making tools, or indicative quotes (OTC).

4.1.6 Third-party Custodians

This product feature enables you to deposit your Virtual Assets with reputable third-party custodians, based on which OKX may allow you to trade a corresponding amount of assets from your OKX Account.

4.2 Restricting access to third parties

You must ensure that any OKX Account(s) registered under your name will not be used by any person other than yourself or, where you act on behalf of the End-Users, such End-Users, other than in accordance with these Terms.

4.3 Acting on your instructions

By submitting an instruction, you or your End-Users are authorising us to initiate the transaction on your OKX Account. We are therefore authorised to credit or debit (or provide settlement information to third parties for the purposes of the third party crediting or debiting) your Virtual Assets from your OKX Account in accordance with your instruction. OKX have the right to refuse to effect any transaction, instruction, or activity, including but not limited to where (i) you have insufficient Virtual Assets in your OKX Account , (ii) OKX reasonably suspects unauthorized, fraudulent, or market manipulative activity (Clause 8) , or (iii) OKX is required to do so to comply with Applicable Laws, including VARA Laws and Regulations, or our internal risk control measures (Clause 7).

4.4 Unauthorised Transactions

You are responsible for the control and use of your OKX Account. As such, we will assume that you, or an End-User, have authorised any instruction sent from your OKX Account unless we are notified otherwise. It is important that you monitor your account history to ensure any unauthorised or suspicious activity on your OKX Account is identified and notified to us as soon as possible. We are not responsible for any claim or losses resulting from a transaction executed as a result of unauthorised instruction unless you have notified us in accordance with this clause.

4.5 Capacity

Unless otherwise agreed in writing: (a) in providing the Service, OKX acts as principal and not as agent on your behalf; and (b) you act as principal and not as agent (or trustee) on behalf of someone else (including any End-User). As such, any use of an OKX Account by an End-User or other party is your sole responsibility.

5. Support and Data Protection

1. Depending on the product features enabled, the Customer shall provide all support to OKX ("Support") to allow OKX from time to time to connect the Customer's system directly to the OKX Platform's front-end and/or back-office systems, which include: (i) price negotiation, (ii) order-routing, (iii) trade execution and notification, (iv) IP address(es) with an associated time stamp, (v) geo-location data, (vi) device identifier(s), and (vii) all information required to comply with regulatory or compliance requirements (e.g., Travel Rule requirements). The Customer shall not alter, mask, replace or unreasonably withhold this data in connection with the Support.

2. OKX and its designated Affiliates may use the Support made available to them pursuant to the Terms to provide the Service. OKX and its designated Affiliates shall retain the sole discretion to accept and honor any trades, trading activity, trade confirmation, order execution and other trade-related transactions received by or submitted by to the OKX Platform in connection with the Service. In this regard, the Customer acknowledges and agrees that OKX and each of its designated Affiliates may in their sole discretion reject or suspend the right to use the Service any time, including to comply with the Exchange’s and designated Affiliate’s legal or regulatory obligations, the Terms, and any related agreements with the Customer or other third parties.

3. To the extent the Customer is acting on behalf of its End-Users, the Customer shall guarantee, and be solely responsible for guaranteeing, that it has acquired prior confirmation, written consent, and relevant authorization from the relevant End-Users for using the Service.

4. The Customer shall be solely responsible for the processing and maintenance of any personal identification information and data (“PII”) collected by the Customer in connection with the Service.

5. The Customer acknowledges and agrees that it is primarily responsible for the processing and maintenance of any personal identification information and data ("Personal Data") it collects from its End-Users and shares with OKX in connection with the Service.

6. The Customer shall ensure that its processing of Personal Data complies at all times with all applicable data protection laws and regulations of relevant jurisdictions , including, but not limited to, UAE Federal Law No. 44 of 2021 (the UAE Data Protection Law) and, where applicable to the Customer’s End-Users, the General Data Protection Regulation (Regulation (EU) 2016/679, or "GDPR").

7. The Customer shall maintain and implement appropriate technical measures to ensure security and prevent the disclosure and loss of Personal Data. The Customer shall only retain such data for the appropriate amount of time as required by all applicable laws and regulations of relevant jurisdictions.

8. The Customer agrees that any Personal Data received or processed by OKX will be handled strictly in accordance with our Privacy Notice, which outlines OKX's identity as a controller, purpose of processing, and details of data transfers to OKX Group entities and third parties in other jurisdictions. By agreeing to these Terms, the Customer consents to the usage and transfer of data as described in the Privacy Notice.

9. The Customer shall guarantee that it has acquired the necessary prior confirmation, written consent, and relevant authorization from the relevant End-Users for the sharing and processing of their Personal Data by OKX and its designated Affiliates for the purposes of providing the Service under these Terms.

10. If such information is likely to be disclosed and/or lost, the Customer shall take remedial measures immediately and notify OKX as required by its obligations under the Terms (see Clause 8) and by applicable law.

6. Compliance Requirement

1. Periodic Reporting. You shall provide OKX with periodic summary reports, no less than quarterly, detailing customer activity, segmented by type, geography, and transaction volume, in order to facilitate risk assessment and oversight of customer funds and transactions processed through you.

2. AML Audit Sharing. You shall, on an annual basis and subject to confidentiality obligations, provide OKX with a summary of your most recent internal or external AML audit, to the extent available and not prohibited by applicable law or regulation.

3. KYC Attribute Sharing. To the extent that you are acting on behalf of any End-Users, you shall share with OKX, upon reasonable request and subject to applicable law and data privacy obligations, key KYC attributes of the relevant End-Users for financial crime risk assessment and effectiveness monitoring of your AML and sanctions compliance program.

4. Risk-Based Monitoring of High-Risk End-Users. To the extent that you are acting on behalf of any End-Users, you shall implement and maintain risk-based monitoring practices for high-risk End-Users, in accordance with industry standards.

5. Suspicious Transactions. To the extent that you are acting on behalf of any End-Users and you become aware of or suspects any unauthorized or illegal use by any End-User related to any transaction in connection with the Service, the Customer agrees to notify OKX immediately by the most expedient method of communication available at the time of discovery and additionally confirm the same in writing as soon as possible thereafter.

6. Quarterly Compliance Metrics. On a quarterly basis, You shall provide OKX with a compliance metrics report (the “Compliance Metrics Exhibit”), in form and substance reasonably acceptable to the Platform, to assist the Platform in monitoring the risk of customer funds and transaction activity under these TOS. Concurrently with the submission of each quarterly Compliance Metrics Exhibit, you shall provide written confirmation to OKX that no material deficiencies were identified in the prior quarter with respect to the key global compliance controls relating to AML and sanctions that would render any such control ineffective; and

7. Third-Party Audit Findings. OKX may, upon written notice and no more than once per calendar year, request that the Client engage an independent third-party external auditor, selected by the Client from a list of auditors pre-approved by OKX, to conduct an audit of the Client's relevant systems, processes, records, or controls related to the services provided under this Agreement. The purpose of such audit shall be to verify compliance with the terms of this Agreement. The Client shall bear all costs and expenses associated with the audit. The results of the audit shall be shared in full with OKX upon completion.

8. Global Compliance Program Requirements. You shall maintain a risk-based global AML and sanctions compliance program applicable to you and all of your Affiliates.

9. Quarterly Compliance Meetings. Upon OKX's request, OKX and you shall meet on a quarterly basis, at times and dates to be mutually agreed upon, to engage in general discussions regarding AML and sanctions compliance matters, including updates to your compliance program, material developments, and key risk trends.

10. Prompt Notification of Material Findings. You shall notify OKX promptly in writing, and in no event later than five (5) business days after a determination by your compliance department (or any internal or external audit function acting on its behalf) that any key control within your global compliance program relating to anti-money laundering and/or sanctions compliance is or was subject to a material deficiency that would render such control ineffective or otherwise materially impaired in its operation. Such notice shall include a summary of the finding and any preliminary or planned remediation steps, subject to applicable confidentiality and legal restrictions.

11. Audit Rights. OKX shall have the right, but not the obligation, to perform, at any time, audits of you or any End-User (to the extent the Customer is acting on behalf of such End-User), and any activity conducted by or related to you or any End-User on the OKX Platform, without prior notice, in OKX's sole discretion. In connection with any audit, OKX may request any information, record, policy, procedure, or any similar document from you that is or may be related to any of your obligations under these TOS. You agree to cooperate fully with any such audit or information requests and to provide true, accurate, correct, and complete information as requested by OKX for inspection in good faith and within a reasonable time period. Any failure by you to fully cooperate, as determined in good faith by OKX, shall entitle OKX to terminate these Terms and your access to the Service.

12. Identity verification. You will need to comply with our identity verification procedures before you are permitted to access and use the Service, by providing us with certain information about yourself and, where relevant, your End-Users. All information that you provide must be complete, accurate and truthful. You must update this information whenever it changes. You authorise us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity, and that of any End-Users, or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime, and to take any action we deem necessary based on the results of such inquiries. When we carry out inquiries, you acknowledge and understand that your personal data, and that of any End-Users, may be disclosed to identity verification, compliance data recordation, credit reference, fraud prevention, or financial crime agencies and that these agencies may respond to our inquiries in full.

13. Enhanced due diligence. We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, your business or your End-Users, providing additional records or documentation, or having face to face meetings with representatives of OKX.

14. Records. We keep your personal data to enable your continued use of Service, for as long as required by law, but in no event for less than eight (8) years for purposes of compliance with anti-money laundering laws and regulations, or as otherwise communicated to you. Please review our Privacy Notice for more information on how we collect and use your personal data relating to the use and performance of our Service.

7. Risk Management

1. The Terms include and the Service relies on various risk control measures set forth below:

• Tiered Maintenance Margin Ratio

• Auto-deleveraging (ADL)

• Forced Repayment Mechanism

1. OKX reserves the right to update any of the risk control measures or introduce additional measures from time to time with or without notice to you

2. Subject to our risk control measures, OKX reserves the right to cancel your orders or close your positions in part or in full.

3. Your Account and sub-accounts may undergo individual compliance due diligence and be subject to ongoing risk monitoring.

8. OKX Account Security and Prohibited use

1. Security measures. At all times, you shall maintain adequate security and control of all of your Access IDs (including those of any End-Users). You are responsible for taking the necessary security measures (or ensuring that your End-Users take such measures) to protect your OKX Account and to keep your Access ID secure, including by:

• strictly abiding by all of our mechanisms or procedures;

• creating a strong password and maintaining security and control of your Access IDs;

• keeping the email linked to the OKX Account and telephone number provided to us up to date in order to receive any notices or alerts that we may send you;

• never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged on to your OKX Account;

• remembering that under no circumstances will we ask you to share your passwords or 2-factor authentication codes; and

• logging out from the OKX websites or the Platform at the end of each visit.

You must keep the email linked to the OKX Account and Access IDs secure against any attacks and unauthorised access. You must notify us immediately if you have knowledge or have reason for suspecting that the security of your Email Account, or that of an End-User, has been compromised or if there has been any unauthorised use of your or any End-User’s email.

2. Security Breach. If you suspect a Security Breach, you must ensure that:

• we are notified immediately and continue to be provided with accurate and up to date information throughout the duration of the Security Breach;

• your OKX Account is immediately locked via applicable function on the Platform or via any other method as may be prescribed by us from time to time; and

• you take any other steps that we may reasonably require to reduce, manage or report any Security Breach.

We reserve the right to request, and you agree to provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach and may provide such information to any third party that we deem necessary in order to resolve any Security Breach.

3. Prohibited use. By opening an OKX Account, and without prejudice to any other restriction or limitation set out in these terms, you agree that you and any End-Users will not:

• breach these TOS or any agreement entered into pursuant to, or in connection with, these TOS;

• use the Service in a manner that violates public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prevent other users from using the Service;

• use the Service for resale or commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing;

• use the Service for anything which, in OKX’s sole opinion, is conduct designed to control or artificially affect the price of any Virtual Asset (market manipulation) including, without limitation, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering) regardless of whether prohibited by applicable law;

• engage in fraudulent activities, or cause us to suspect that you or any End-User have engaged in fraudulent activities and/or transactions;

• use the Service to conduct lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance;

• (1) receive, or attempt to receive, funds from both us and another user for the same transaction; (2) conduct your business or use the Service in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to us, other users, third parties, or yourself; and (3) allow your OKX Account to have a negative value or quantity of Virtual Assets;

• provide false, inaccurate or misleading information in connection with your use of the Service, in communications with us, or otherwise connected with these TOS;

• (1) 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 Platform, or replicate or bypass the navigational structure or presentation of Service in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Service; (2) attempt to access any part or function of the Platform without authorisation, or connect to Service or any of our servers or any other systems or networks of any Service provided through the Platform by hacking, password mining or any other unlawful or prohibited means; (3) probe, scan or test the vulnerabilities of Service or any network connected to the Platform, or violate any security or authentication measures on Service or any network connected to Service; (4) reverse look-up, track or seek to track any information of any other users or visitors of Service; (5) take any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of Service or OKX, or the infrastructure of any systems or networks connected to Service; (6) use any devices, software or routine programs to interfere with the normal operation of Service or any transactions on Service, or any other person’s use of Service; or (7) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to us;

• modify or adapt the whole or any part of the Platform or combine or incorporate the Platform into another programme or application;

• disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code underlying concepts, ideas and algorithms of the Platform or any components thereof;

• modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or licence, sub-licence, sell, mirror, design, rent, lease, private label, grant security interests in such OKX Intellectual Property Rights or any part of the intellectual properties, or create derivative works or otherwise take advantage of any part of the OKX Intellectual Property Rights;

• facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information in connection with the Service;

• (1) use an anonymizing proxy; (2) use any temporary, disposable, self-destructive, or similar email address when opening OKX Account and/or using the Service; (3) use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with OKX websites or the Service; and (4) take any action that may cause us to lose any of the services from our internet service providers, or other suppliers;

• create, or purport to create, any security over your Virtual Assets held in any of your OKX Account without our prior written consent;

• violate, or attempt to violate, (1) any applicable law; or (2) ours or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; and/or

• access, use, or attempt to access or use Service directly or indirectly with (1) jurisdictions OKX has deemed high risk, including but not limited to, Cuba, Iran, North Korea, Syria, or (2) persons OKX has deemed high risk, including but not limited to, individuals or entities named as a restricted person or party on any list maintained by the United States of America, United Kingdom, European Union or United Nations.

9. Intellectual Property

1. OKX agrees to provide Customer with certain data in connection the Service ("Exchange Data"). The Exchange Data excludes personal data. During the term of these TOS, the Customer may use the Exchange Data for the purpose of using the Service and to the extent permitted by applicable laws (“Acceptable Use”). Any alternative use of the Exchange Data by the Customer for any other purposes other than for the Acceptable Use is strictly prohibited. OKX may change the scope of Exchange Data at any time, without a reason and without prior notice.

2. OKX grants to Customer a worldwide, non-exclusive, and nontransferable license to use the Exchange Data for the Acceptable Use during the term of these TOS. Customer agrees that, except as permitted under these TOS, it will not: (i) sell, lease, license or sub-license the OKX API, or any proprietary OKX software (“Software”); (ii) decompile, disassemble, or reverse engineer the Software, in whole or in part; (iii) write or develop any derivative software or any software program based upon the Software, or that accesses or uses Exchange Data without prior notification and approval of OKX or (iv) use the Software in any way that violates any applicable law.

3. The Customer shall not use any Mark of OKX or its Affiliates, without the prior written consent of OKX.

4. The Customer hereby grants OKX and its Affiliates, a limited, non-exclusive, non-transferable license in all geographic areas in which Support is available to utilize the Support in accordance with the Terms.

5. The Customer undertakes that it will not (a) distribute any of OKX’s or its Affiliates’ proprietary information in violation of the Terms, or any applicable law, rule or regulation of any governmental authority, or other self-regulatory organization of which the Customer is a member or by which it or its activities are governed or regulated, or any community standard or accepted trading policy; or (b) make any agreement or incur any liability for or on behalf of OKX or its Affiliates, except as expressly permitted by these TOS. The Customer agrees to cause each of its Affiliates, employees, officers and agents to comply with the Customer’s obligations set forth herein.

6. The Customer acknowledges that OKX and its Affiliates shall at all times retain full and exclusive right, title, and ownership interest in and to the OKX Platform and any and all Intellectual Property Rights related thereto (to the extent such rights are not the property of the OKX Platform's licensors or their respective suppliers or vendors, who shall retain all of their respective right, title and ownership interest therein). In no way shall the TOS be construed to provide the Customer with any express or implied license to use, copy, or otherwise exploit the OKX Platform or the Intellectual Property Rights of OKX or its Affiliates other than as specifically set forth in the Terms.

10. Confidentiality

1. Confidential Information Defined. Each party (a "Disclosing Party") understands that the other party (the "Receiving Party") may not disclose information of a confidential nature including, without limitation, product information, software, specifications, data, pricing, financial information, or other materials, that is (a) clearly and conspicuously marked as "confidential" or with a similar designation or (b) is disclosed in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances, that the disclosure should be treated as confidential, whether or not the specific designation "confidential" or any similar designation is used ("Confidential Information"). Confidential Information shall not include any information that: (i) becomes generally available to the public other than as a result of a disclosure by the Receiving Party; (ii) was lawfully available to the Receiving Party on a non-confidential basis prior to the disclosure; (iii) becomes lawfully available to the Receiving Party on a non-confidential basis from a source other than a Disclosing Party or its agents, advisors, or representatives which such source is entitled, to the best of the Receiving Party's knowledge, to make the disclosure; or (iv) the Receiving Party reasonably establishes has been or is subsequently independently conceived or discovered by the Receiving Party, without use of or reference to the Confidential Information of a Disclosing Party.

2. Restrictions. The terms and conditions of these TOS also constitute the Confidential Information of each party. The Receiving Party agrees, for itself and its agents and employees, that it will not publish, disclose or otherwise divulge or use for its own purposes any Confidential Information of the Disclosing Party furnished to it by such Disclosing Party without the prior written approval of the Disclosing Party in each instance. The Receiving Party will use at least the same level of care to maintain the Confidential Information of the Disclosing Party as it uses to maintain the confidentiality of its own non-public information and in no event less than a reasonable degree of care. For the avoidance of doubt, the Confidential Information, including the terms and conditions of these TOS, may be shared with affiliates, middle and back office service providers, and advisers of either OKX or Customer who are subject to their own materially similar obligation of confidentiality.

3. Mandatory Disclosures. In the event that the Receiving Party is required to disclose Confidential Information in accordance with applicable judicial, regulatory or governmental order or requirement, the Receiving Party shall as soon as reasonably practicable notify the Disclosing Party in order to allow such party, at such party's sole expense, to contest the order or requirement or seek confidential treatment for such information provided that such notification is permitted under applicable law or the terms of any mandatory disclosure.

4. Return of Information. Upon termination or expiration of these TOS, upon the request of a Disclosing Party, the Receiving Party agrees to return to the other party all of such other party's Confidential Information that is reduced to one or more writing, drawing, schematic, tape, disk or other form of documentation, or to certify to the Disclosing Party in writing that all such material has been destroyed. The Customer, as the Receiving Party, may retain the Confidential Information to comply with any internal compliance or document retention policy.

11. Suspension / Cancellation / Termination

1. OKX may suspend, cancel or terminate the Service, or your use of the Service at any time at our sole discretion. The Terms of Service - OKX Middle East Fintech FZE, set out the circumstances in which OKX may suspend, cancel or terminate the Service. Without prejudice to the generality of the foregoing, those circumstances may include situations where:

a. You do not provide additional information to verify your identity or source of funds as requested by OKX;

b. OKX is required to do so by court order, to comply with any Applicable Laws and Regulations;

c. OKX is required to do so to comply with any direction or instruction from a government body or agency;

d. OKX reasonably determines that any information you have provided to OKX is wrong, untruthful, outdated or incomplete; or

e. You do not provide additional information that we request to our reasonable satisfaction or in a timely manner.

12. Technology Disclaimers

1. OKX may, from time to time, suspend access to your OKX Accounts, the OKX Platform, the Service and/or any other OKX services, for both scheduled and emergency maintenance. OKX will make reasonable efforts to ensure that transactions on the OKX Platform are processed in a timely manner, but OKX makes no representations or warranties regarding the amount of time needed to complete any such maintenance.

2. Although OKX makes reasonable efforts to update the information on the OKX Platform, OKX makes no representations, warranties, or guarantees, whether express or implied, that the content on the OKX Platform, including information in relation to the Services and any other OKX Services, is accurate, complete, or up to date.

3. You are responsible for obtaining the data network access necessary to use the Services or any other OKX Services. You are responsible for acquiring and updating compatible hardware or devices necessary to use the Service, the OKX Platform, and any updates thereto. OKX does not guarantee that any of the OKX Service, or any portion thereof, will function on any particular hardware or devices. OKX Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

4. Despite our efforts to ensure the security of your data and transactions, the risk of unauthorized access, hacking, data loss, or other breaches cannot be completely eliminated. You acknowledge that you bear the risk of any unauthorized access to your account information and any loss of Virtual Assets resulting from such security breaches.

5. The field of Virtual Assets is rapidly evolving, and changes in technology may require adjustments to the Services or how you interact with the OKX Platform. OKX reserves the right to modify the technology used, the features provided, or the Service requirements based on technological advancements or regulatory changes without prior notice.

13. Representations and Warranties

1. You hereby represent, warrant, covenant, and undertake as follows, in addition to its other warranties and obligations under the Terms:

a. The source of the Virtual Assets in your Account is legal, and the ownership of such Virtual Assets is undisputed;

b. You will not infringe on the legitimate rights and interests of OKX;

c. You are not on the sanctions list issued by any government and international organizations;

d. You shall comply with all applicable laws and regulations concerning the Travel Rule, including but not limited to requirements related to the transmission of originator and beneficiary information in Virtual Asset transfers;

e. Unless specified otherwise, you shall not re-onboard any individual or entity to the Service who has been previously offboarded, terminated, or denied access to the Service by OKX;

f. You shall not use the Service for any illegal purposes or prohibited businesses, including but not limited to illegal gambling, money laundering, fraud, extortion, data breaches, terrorist financing, and any other violent activities or any businesses prohibited by the law or the Terms;

g. You shall not conduct, initiate or promote any forms of market manipulation or other forms of illegal conduct, including but not limited to illegal gambling, money laundering, fraud, extortion, extortion, data breach, terrorist financing, and any other violent activities or businesses prohibited by the law;

h. You have the license to provide the Support and service the End-Users and operate your system in connection with the Service, and that you have all requisite authority to carry out your obligations hereunder;

i. The rights granted and the performance of your obligations owed to the Exchange hereunder do not and will not conflict with the rights granted or obligations owed by you to any third party;

j. Your operation of your system and provision of the Support in accordance with these TOS do not and will not violate any applicable law, rule or regulation of any governmental authority or entity of which you are a member or by which it or your activities are or may be governed or regulated, or any community or industry standard or accepted trading policy. The Support will be provided in accordance with industry standards in a competent and professional manner;

k. Neither your system nor the Support, nor their use in accordance with these TOS, do or will infringe, violate, trespass or in any manner contravene or breach any patent, copyright, trademark, license or other Intellectual Property Right of any third party;

l. You have not and will not, and will use reasonable efforts consistent with industry practice to ensure that third parties including any End-Users will not, introduce into the OKX Platform any computer code (i) designed to disrupt, disable, harm or otherwise impede in any material respect the operation of OKX, the API, or any of OKX’s or its Affiliates’ computer systems (sometimes referred to as “viruses” or “worms”), (ii) that would disable the OKX Platform, the API, or any of OKX’s or its Affiliates’ computer systems or impair in any material respect their operation based on the elapsing of a period of time or the advancement to a particular date or other numeral (sometimes referred to as “time bombs”, “time locks” or “drop dead” devices), or (iii) that would, other than in accordance with the intended use of the OKX Platform for electronic trade execution and other trade-related purposes in the ordinary course of business as contemplated hereby, permit you to access, through the System, the API, or any of OKX’s or its Affiliates’ computer systems (sometimes referred to as “traps”, “access codes” or “trap door” devices), or contain any other similar harmful, malicious or hidden procedures, routines or mechanisms that would cause the OKX Platform, the API, or any of OKX’s or its Affiliates’ computer systems to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications, or otherwise materially adversely affect OKX’s or its Affiliates’ operations; and

m. You shall be responsible for all activities of the End-Users and all transactions executed on their behalf. You agree that the Exchange and its Affiliates shall not be responsible for any and all disputes, claims or liabilities arising from the operation of the system between you and your End-Users or any third party, and/or any consequences arising from your violation of relevant laws, rules, or the obligations of these TOS.

2. You represent, warrant, certify, and covenant to the Exchange, now and with regard to its future conduct and the conduct of your End-Users, that the following statements are, and will at all times remain, true, accurate, correct, and complete:

a. any information and/or documentation provided by you to Exchange in connection with these TOS or any application to open or maintain an account or sub-account on the OKX Platform (collectively, the “Application Documentation”) is true, accurate, correct, and complete;

b. to the extent the Customer acts on behalf of the End-Users, none of the End-Users are registered, organized, incorporated, formed, or established in the United States of America or any of its territories (including Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas)) (collectively, hereafter referred to as the “United States”);

c. to the extent the Customer acts on behalf of the End-Users, none of the End-Users' Principal Place of Business is located in the United States;

d. to the extent the Customer acts on behalf of the End-Users, none of the End-Users is a trust governed by the laws of a state or other jurisdiction in the United States, if a court within the United States is able to exercise primary supervision over the administration of the trust;

e. You have conducted reasonable due diligence with respect to your activities and operations sufficient to support the Application Documentation and the statements made herein.

You understand and agree that the Exchange may, and is entitled without further inquiry to, rely and act upon the Application Documentation or any representation, warranty, certification, covenant, or statement made by you herein in deciding whether to provide, or continue to provide access to the OKX Platform to you and/or whether to terminate these TOS or to take any other action permitted under these TOS. You agree to notify Exchange in writing before or as soon as reasonably practicable following any information in the Application Documentation or any of the representations, warranties, certifications, or statements made by you herein ceasing to be true, accurate, correct, and complete.

3. You represent, warrant, certify, and covenant that, to the extent you are acting on behalf of the End-Users, none of such End-Users are (by place of residency or Principal Place of Business) and you are not aware of the Service being provided to any of the following, and will take immediate steps to notify the Exchange if it learns anything to the contrary:

a. under 18 years old;

b. any person or entity on any trade or economic sanctions lists (collectively, “Sanctions Lists”) of any governmental or non-governmental regulatory, judicial, or other competent authority or body, including, without limitation, the Sanctions Lists pertaining to United Nations Security Council Resolutions (“UNSCR”) and any local sanctions regimes imposed pursuant to UNSCRs (including without limitation the United Arab Emirates’ Local Terrorism List); and other Sanction Lists such as those issued by the European Union, the Hong Kong Monetary Authority, the Hong Kong Customs and Excise Department, the Monetary Authority of Singapore, the UK Government (His Majesty’s Treasury Office for Financial Sanctions Implementation), the Government of Canada, United States Treasury’s Office of Foreign Asset Control (“OFAC”), as well as other administrative law enforcement agencies (collectively, “Applicable Sanctions”);

c. any resident of any of the “Restricted Locations” (as that term is defined in the Exchange Terms of Service https://www.okx.com/help/terms-of-service as well as Risk and Compliance Disclosure provided at https://www.okx.com/help/risk-compliance-disclosure and may change from time to time);

d. any resident of Afghanistan, Algeria, American Samoa, Bangladesh, Canada Crimea, Donetsk, Luhansk, Cuba, Guam, Hong Kong, India, Iran, Japan, Democratic People's Republic of Korea, Nepal, Nigeria, Northern Mariana Islands, Puerto Rico, Syria, United States, United States Virgin Islands, and Uzbekistan; or

e. a broker, exchange, intermediary or similar entity that enables its downstream clients to access the Service through such entity without Customer's knowledge or prior written consent.

4. You shall conduct reasonable due diligence with respect to each End-User sufficient to make the statements made herein true, accurate, correct, and complete.

5. If any of the above representations, warranties and covenants are no longer correct, complete and valid due to changes in the applicable laws, you will immediately notify OKX in writing.

6. You hereby acknowledge that if you breach the foregoing representations, warranties and covenants, OKX shall have the right to stop providing you with the Service. If OKX suffers losses due to your breach of the foregoing representations, warranties and covenants, you agree to indemnify and hold OKX harmless for the breach of the same.

14. Limitation of Liability

1. Risk Disclosure

a. YOU EXPRESSLY AGREE THAT YOUR USE OR NON-USE OF THIS SERVICE AND RELATED SERVICES ARE AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY UNDER THESE TERMS, THE SERVICES, ALL PRODUCTS AND SERVICES PROVIDED TO YOU THROUGH THIS SERVICE AND RELATED SERVICES PROVIDED TO YOU ARE STRICTLY OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND OKX AND ITS AFFILIATES OR ITS SERVICE PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, NO ERRORS OR OMISSIONS, CONTINUITY, ACCURACY, RELIABILITY OF THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. OKX DOES NOT MAKE ANY UNDERTAKINGS AND WARRANTIES FOR THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF THE TECHNOLOGY AND INFORMATION IN CONNECTION WITH THIS SERVICES OR OTHER SERVICES PROVIDED BY THE OKX.

b. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW OR REGULATIONS.

c. Like any asset, the value of Virtual Assets may fluctuate significantly, and there is a huge risk that you or End-Users may incur economic losses when buying, selling, holding or investing in Virtual Assets and other related transactions. OKX does not make any express or implied warranties regarding the market, value or price of Virtual Assets. You acknowledge and understand the instability of the Virtual Asset market. The price and value of Virtual Assets may fluctuate or collapse at any time. Your use of this Service means that you confirm and agree: (1) You fully understand all of the risks associated with Virtual Assets and related transactions; (2) You agree to solely bear any and all risks and Losses associated with the use of the Service and engaging in any transactions involving Virtual Assets; and (3) OKX shall not be responsible for any of these risks or Losses or any other adverse consequences.

d. OKX cannot guarantee the authenticity, sufficiency, reliability, accuracy, completeness or validity of the content on the OKX Platform, and shall not bear any legal liability arising therefrom.

e. Virtual Assets involve a high degree of risk. Using the Service involves market risk, smart contract risk, liquidity risk, oracle risk, volatility risk, and legal and compliance risks, among other risks. Virtual Assets are not the legal tender of any government, and their value is not guaranteed by a specific government. The value of Virtual Assets may fluctuate greatly. You shall be fully aware of the above risks and should exercise caution when conducting any transactions regarding Virtual Assets. Users of the Service must have sufficient financial capability, maturity, experience and willingness to bear all investment risks and potential investment losses. Thus, Virtual Asset investment is not suitable for all investors.

f. You understand and accept the risks that you may incur by using this Service, and the related losses that you may suffer as a result, including but not limited to:

• The key risks of trading are related to market price fluctuations. In a highly volatile market, it may be difficult for users to predict the market price at maturity date; high price volatility of Virtual Assets and their derivatives may cause significant or total losses in a short period of time; and you are willing and able to bear all risks caused by market price fluctuations and any economic losses you may suffer;

• Once the Virtual Assets in your Account or sub-account are frozen due to use of this Service, you will not be able to trade the frozen Virtual Assets and accept the risks associated with the inability to trade these Virtual Assets; and you are willing to bear the risks arising from locking your Virtual Assets and any economic losses you may suffer;

• If OKX terminates this Service for any reason whatsoever, which it may do at its complete discretion, you may not be able to obtain the expected profits within the expected holding period (if any) which may result in the loss of your Virtual Assets;

• If there is a Force Majeure Event that causes the price of Virtual Assets to collapse, it may cause loss of your Virtual Assets;

• Technical abnormalities may occur, which may delay or prevent you from using this Service or conducting related transactions, which may cause loss of your Virtual Assets;

• Market abnormalities may occur, which may cause loss of your Virtual Assets;

• In order to maintain the overall health of the market, OKX may add, delete or modify the relevant provisions of these Terms from time to time, which may benefit or harm you.

2. The trading market is volatile and may change rapidly in terms of liquidity, market and trading dynamics. You are fully responsible and liable for any and all trading and non-trading activities and your Account used on or through the OKX Platform. You acknowledge and agree to be fully responsible for all your transactions and non-trading behaviours and omissions on or through the OKX Platform, as well as all gains and losses arising from your use of the OKX Platform in connection with this Service and any other services provided on the OKX Platform. You are responsible for any of your assets and liabilities in your Account, and you are responsible for all your obligations for all your financial activities on the OKX Platform. OKX is not responsible for any and all losses arising from this Service and any other services provided on the OKX Platform and shall not assume any compensation or any other responsibility.

3. You agree and accept that when you redeem your assets, the time it takes for you to receive the Virtual Assets in your account may vary and the assets received and displayed on the Platform shall be final. OKX shall not be liable for any losses caused by or related to time differences or discrepancies for receipt of Virtual Assets.

4. You agree and accept that OKX reserves the right to amend the content of the Terms any time in its sole discretion, including when you are using the Service. OKX shall not be liable for any losses arising from your misunderstanding of the Terms, or your delay of reading the amendments to the Terms.

5. You agree and accept that if the OKX Platform cannot function properly or the Service is interrupted arising from the following conditions, such that you are unable to use the Service or cannot make commands or perform related trading operations, including but not limited to failure, delay, interruption, lack of system response, delayed system response or any other abnormal circumstances, OKX shall not be liable for any losses. These circumstances include but are not limited to:

• Service suspension for maintenance as announced by OKX;

• Hacker attack(s) on the OKX Platform;

• Failure to transmit data as a result of telecom equipment failures;

• Force Majeure Events or accidents, such as but not limited to typhoons, earthquakes, tsunamis, flooding, plagues, power outage, war, turmoil, government actions, terrorist attacks and any other events that may lead to the suspension of the OKX Platform;

• Service interruption or delay arising from hacking, computer virus, technical adjustment or failure, website upgrades, banking issues, temporary closure arising from government regulations and any other reasons;

• Service interruption or delay caused by OKX’s systems being damaged, defective or unable to perform normally for any reason;

• Losses arising from technical problems that cannot be predicted or solved by existing technical forces in the industry;

• Losses suffered by you or other third parties arising from the fault or delay of the third party;

• Losses suffered by you or other third parties arising from changes in laws and regulations or government orders;

• Losses suffered by you or other third parties arising from force majeure events or accidents caused by other objectively unforeseeable, unavoidable and/or unsolvable circumstances.

You agree and accept that the aforementioned reasons may lead to abnormal transactions, market interruptions and other possible abnormal circumstances, and OKX reserves the right to refuse to or for any reason in its sole discretion to not execute your commands based on the actual circumstances. You understand and agree that OKX shall not be liable for any of your losses (including but not limited to direct or indirect losses, actual losses, or loss of possible yield and other similar or related losses).

6. Software Protocols and Operational Challenges

• Software protocols that underlie Virtual Assets are typically open source projects, which means that: (i) the development and control of such Virtual Assets are outside of OKX's control, and (ii) such software protocols are subject to sudden and dramatic changes that may have a significant impact on the availability, ease of use, or value of a given Virtual Asset. You also are aware of and accept the risks associated with operational challenges. OKX may experience sophisticated cyber attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Service. You understand that the Service may experience operational issues that lead to delays. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree that OKX shall not be responsible or liable for any related losses.

• You understand that the technology underlying Virtual Assets is subject to change at any time, and such changes may affect your Virtual Assets stored on our platform. You agree to be fully responsible for monitoring such technological changes and understanding their consequences for and regarding your Virtual Assets. Users conduct all trading and make all related decisions based on their own volition, and OKX shall not be liable for any loss or damage incurred as a result of your use of any Services or your failure to understand the risks involved or associated with Virtual Asset use in general or your use of our Services.

7. OKX strictly prohibits unfair trading behaviours. OKX reserves the right to enact, under its sole discretion, and take control over your account, if you:

• are involved in price manipulation, insider dealing, market manipulation, market distortion or any other malicious wrongdoings to the market;

• might be harming other users or OKX by exploiting the Service's vulnerabilities or by other unreasonable means;

• are involved in any other activities that OKX deems harmful to the overall well-being of the market.

OKX also reserves the right to take actions including but not limited to closing your accounts, limiting trading, halting trading, cancelling transactions, rolling back transactions and returning the relevant Virtual Assets to any complainant so as to eliminate any adverse effects to the overall wellbeing of the market. In no event shall OKX be liable to you for any loss incurred when such action against you happens, and OKX has the right to hold you liable and you agree to indemnify and hold OKX harmless for the breach of these Terms.

8. You agree and accept that OKX shall not be liable for any losses caused by the risks described in this clause (including but not limited to any direct or indirect losses, actual losses or possible loss of profits).

9. Our liability, and the liability of our Affiliates, to you or any third parties in any circumstance is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by our breach of these terms and shall in no event exceed the amount of fees paid by you to OKX in the twelve (12) months preceding the event giving rise to the loss. Such sum shall be paid by us to you in full and final settlement and satisfaction of ours and any our Affiliate’s entire liability for any and all losses and claims, howsoever arising, from the relevant breach. You acknowledge and agree that neither OKX or any its Affiliate is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.

10. Notwithstanding any other clause in these TOS, in no event will we or any of our Affiliate be responsible or liable to you or any other person or entity for any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs arising out of or in connection with these TOS, including but not limited to:

• any risk disclosed to you, as may be disclosed from time to time;

• the operation of the protocols underlying any Virtual Asset, their functionality, security, or availability;

• whether Backed Virtual Assets hold their value as against any asset, or if the issuer of the Backed Virtual Asset holds sufficient reserves in relation to any Backed Virtual Asset;

• any action or inaction in accordance with these TOS;

• any inaccuracy, defect or omission of Virtual Assets price data, any error or delay in the transmission of such data, and interruption of any such data;

• regular or unscheduled maintenance we carry out, including any service interruption and change resulting from such maintenance;

• the theft of a device enabled to access and use Service;

• other users’ actions, omissions or breaches of these TOS, and any damage caused by actions of any other third parties;

• (1) for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack; (2) in the event that your hardware fails, is damaged or destroyed or any records or data stored on your hardware are corrupted or lost for any reason; or (3) for your use of the internet to connect to the Service or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced;

• our decision to reject your application to open an OKX Account(s);

• any termination, suspension, hold or restriction of access to any OKX Account or Service, including your inability to withdraw Virtual Assets, issue instructions or enter into transactions during the period of any suspension, hold or restriction, in accordance with these TOS;

• any transaction limits applied to your OKX Account;

• any election by us to support or not support Virtual Assets;

• us being unable to contact you using the contact information you provided;

• us closing a dormant account;

• the failure of a transaction or the length of time needed to complete any transaction;

• the market making activities of the market makers;

• our reliance on any instruction sent from you or using your Access IDs;

• our refusal or delay in acting upon any instruction;

• any breach of security of your email or a Security Breach;

• losses caused to you by third party fraud or scams that involve OKX only as the recipient of your Virtual Assets, and/or the transfer of Virtual Assets away from our platform at your request;

• any losses arising or in connection with new offerings of Virtual Assets, initial coin offerings (ICOs), or the decision to list or not list Virtual Assets on the Platform;

• the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Service or for delays or omissions of the Service, or for the failure of any connection or communication service to provide or maintain your access to the Service, or for any interruption in or disruption of your access or any erroneous communications between us, regardless of cause;

• any transactions, instructions, or operations effected by you or purported to be effected by you through your email or OKX Account;

• any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of or in connection with our websites, the Platform, your OKX Account, the Service, these TOS and/or any agreement entered into pursuant to, or in connection with, these TOS or otherwise; and/or

• any losses forming part of a claim that has not been commenced by way of formal legal action WITHIN ONE CALENDAR YEAR of the matters giving rise to the claim. YOU AGREE AND ACKNOWLEDGE THAT THIS CLAUSE VARIES ANY LIMITATION PERIOD OTHERWISE APPLICABLE BY LAW, AND THAT IF APPLICABLE LAW PROHIBITS THIS, THIS CLAUSE WILL BE READ AS A LIMITATION PERIOD OF THE MINIMUM ENFORCEABLE LENGTH.

15. Indemnification

1. You agree, at your sole expense, to protect, indemnify, defend, and hold harmless the Exchange and its parent companies, subsidiaries, Affiliates, directors, officers, employees, shareholders, representatives, agents, sponsors, successors, assigns, and licensees (“Indemnified Party”) from and against any and all third party claims, causes of action, losses and liabilities, damages, obligations, judgments, costs (including attorneys’ fees and costs), expenses, fines, deficiencies, penalties, actions, and suits, which result from, or relate in any way to an actual or alleged breach, violation, or nonfulfillment by you of these TOS or any representation, warranty, obligation, duty, or covenant contained in these TOS or violation of the responsibilities of or involvement of Exchange with respect to the co-branding acts in connection with these TOS, or the use of API by you which are routed via your system in connection with the Service. You shall pay all costs, damages, and expenses, including, without limitation, reasonable attorneys’ fees, expenses, and costs, awarded against or otherwise incurred by the Indemnified Party’s indemnitees in connection with or arising from any such losses.

2. OKX will have the right to set off the entirety or any part of monies and/or Virtual Assets owed by OKX to you against these indemnity obligations in Clause 15.1.

3. You shall indemnify and hold harmless us from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation), costs, and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys’ fees and other professional costs and expenses (“Losses”), arising out of or in any way connected with:

• your access to or use of your OKX Account and/or the Service;

• your breach or alleged breach of these TOS or your contravention of any other clause or sub-clause of these TOS, including any other terms and conditions incorporated by reference;

• your contravention of any applicable law; and

• your violation of the rights of any third party.

4. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you shall cooperate as fully required by us in asserting any available defences. You will not settle any claims or Losses without our prior written consent.

5. You hereby agree to release us from any and all claims and demands (and waive any rights you may have against us in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user or other third party in connection with the Service (including any transactions with Virtual Assets) or the subject matter of these TOS.

16. No Business, Legal, Financial or Tax Advice

You acknowledge and agree that no information provided by OKX, notwithstanding whether included in these Terms or any other document or statement, shall be deemed as business, legal, financial or tax advice. You may and should consult your own business, legal, financial or tax advisers regarding especially, inter alia, the individual chances, opportunities, risks, obligations or further costs arising from the reception of and in connection with Virtual Assets under this Service. OKX is not your broker, dealer, agent or consultant. You acknowledge and agree that in any transactions or other decisions or activities through which you use any OKX Services, OKX does not have a fiduciary relationship or fiduciary duty with you. No communication or information provided by OKX to you, notwithstanding whether included in these Terms or any other document or statement, shall be deemed, considered or interpreted as investment advice, business advice, legal advice, financial advice, tax advice, trading advice or any other type of advice. You should consult your own business, legal, financial or tax advisers regarding especially, inter alia, the individual chances, opportunities, risks, obligations or further costs arising from using this Service. OKX does not recommend you to buy, sell, transfer or hold any Virtual Assets. Before making a decision to buy, sell, transfer or hold any Virtual Assets, you shall conduct due diligence and consult your financial advisor before making any investment decision. OKX shall not be responsible for your decision to buy, sell, transfer or hold Virtual Assets based on the information provided by OKX. Each time that you use the OKX Services, you represent that: (i) you have been solely responsible for making your own independent appraisal and investigations into the risks of the relevant transaction; (ii) you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of the relevant transaction; and (iii) have not relied upon or been induced to enter into the relevant by any statements, representations or undertakings from OKX.

17. Disclaimer

1. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SPECIFICALLY SET FORTH IN THESE TOS, THE EXCHANGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (INCLUDING IN RELATION TO THE USE, AVAILABILITY, OR OPERATION OF THE PLATFORM), WHETHER EXPRESS, IMPLIED OR STATUTORY, WHETHER ARISING OUT OF TRADE USAGE, COURSE OF DEALING OR COURSE OR PERFORMANCE, AND THE EXCHANGE EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

2. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT CERTAIN TRADING MAY BE PROHIBITED IN CERTAIN JURISDICTIONS, INCLUDING THE RESTRICTED LOCATIONS AS SET OUT IN THE TERMS. THE CUSTOMER AGREES AND UNDERTAKES THAT IT WILL ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS THAT PROHIBIT OR RESTRICT THE TRADING IN ANY FORM OR MANNER IN ANY RELEVANT JURISDICTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TOS, THE EXCHANGE EXPLICITLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OR RELATED LIABILITY THAT THE CUSTOMER AND ANY END-USER CAN LEGALLY TRADE IN THE EXCLUDED JURISDICTIONS.

3. Any links to third party websites in the Service do not mean that OKX endorses any products, services, information and disclaimers provided therein, and OKX does not guarantee the accuracy of the information contained therein. OKX shall not be liable for any losses caused by your use of such third party products and services. In addition, OKX has no control over the terms of use or privacy policies of third party websites. Once you use this Service, it usually means that you know, understand and agree to all the terms of service, privacy notice and relevant transaction and operation rules (as amended from time to time) on third party websites. OKX and each third party website operator are independent legal entities, and these Terms shall not constitute any form of agency, partnership or cooperative relationship between the parties. Each third party website operator shall be responsible for their respective claims, debts and disputes arising from the performance of their respective contracts and agreements.

18. Governing Law and Dispute Resolution

1. These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre ("DIFC").

2. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration under the Rules of Arbitration of the Dubai International Arbitration Centre (DIAC) in force, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat of the arbitration shall be Dubai, United Arab Emirates. The language of the arbitration shall be English.

Any claim arising out of or related to the Terms must be filed within one year after such claim arose. Otherwise, the claim is permanently barred, which means that the Users will not have the right to assert the claim.

The provisions set forth in this clause will survive termination of the terms.

19. Miscellaneous

1. These TOS shall remain effective until OKX's termination of Service to you.

2. OKX reserves the right to unilaterally modify these Terms. OKX shall notify you of any material changes to these Terms at least thirty (30) calendar days prior to the changes taking effect, unless the change is required immediately by law or regulation, or the change is beneficial to you, in which case a shorter notice period may apply. Your continued use of or access to the Service after the notice period constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

3. If any provisions of these Terms were invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any way. However, if any provisions of these Terms were invalid, illegal or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be invalid, illegal or unenforceable only to the extent of such invalidity, illegality or limitation on enforceability without affecting the remaining provisions of these Terms, or the validity, legality or enforceability of such provision in any other jurisdiction.

4. No failure or delay by OKX in exercising any right, power or remedy it is entitled to under these Terms or by stipulation of law or regulation shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of such rights, power or remedies.

5. You shall not transfer, novate or assign these TOS, and the rights and obligations hereunder, in whole or in part, without the prior written consent of OKX. OKX has the right to transfer, novate or assign any rights or obligations under these TOS, including to any of its Affiliates or a successor entity in the event of a merger or regulatory restructuring, by serving written notice on you, which takes effect upon the delivery of such notice.

6. You shall not transfer, novate or assign these Terms, and the rights and obligations hereunder, in whole or in part, without the prior written consent of OKX. OKX has the right to transfer, novate or assign any rights or obligations under these Terms by serving written notice on you, which takes effect upon the delivery of such notice.

7. The headings of all these Terms are for reading convenience only and have no actual meaning and shall not be used as a basis for interpretation of the meaning of these Terms.

8. If there is a discrepancy between the English version of these Terms and the translation of other languages version, the English version of these Terms shall prevail.

9. OKX has the sole and final discretion to interpret these Terms.