Terms and conditions
Galaxy Terms of Use
Last revised: 18 January 2023
These Galaxy Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and Galaxy operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any Galaxy Services (as defined below) provided by Galaxy (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of Galaxy Services.THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION.The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF Galaxy SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF GALAXY SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) GALAXY SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Galaxy Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Galaxy or utilize Galaxy services.
If you would like to know more about the risks associated with investing in or trading Digital Assets, you can access our General Risk Warning.
I. Definition
1. Galaxy refers to an ecosystem comprising Galaxy websites (whose domain names include but are not limited to Galaxy’s website, mobile applications, clients, applets and other applications that are developed to offer Galaxy Services, and includes independently-operated platforms, websites and clients within the ecosystem (e.g. Galaxy’s Open Platform, Galaxy Launchpad, Galaxy Labs, Galaxy Charity, Galaxy DET, Galaxy Investments, STOCKS, Trust Wallet, and fiat gateways). In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
2. Galaxy Accounts refer to the foundational virtual accounts, including main accounts and sub accounts, which are opened by Galaxy for Users to record on Galaxy their usage of Galaxy Services, transactions, asset changes and basic information. Galaxy Accounts serve as the basis for Users to enjoy and exercise their rights on Galaxy.
3. Galaxy Fiat Account means the record of your fiat currencies’ balance (if any), which is enabled through an electronic money wallet (or similar account) service that is provided by a Fiat Partner.
4. Galaxy Operators refer to all parties that run Galaxy, including but not limited to legal persons (including Galaxy UAB), unincorporated organizations and teams that provide Galaxy Services and are responsible for such services. For convenience, unless otherwise stated, references to “Galaxy” and “we” in these Terms specifically mean Galaxy Operators. UNDER THESE TERMS, Galaxy OPERATORS MAY CHANGE AS GALAXY’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF GALAXY OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW GALAXY SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE GALAXY SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED GALALXY OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
5. Galaxy Services refer to various services provided to you by Galaxy that are based on Internet and/or blockchain technologies and offered via Galaxy websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Galaxy Services include but are not limited to such Galaxy ecosystem components as Digital Asset Trading Platforms, the financing sector, Galaxy Labs, Galaxy Academy, Galaxy Charity, Galaxy Info, Galaxy Launchpad, Galaxy Research, Galaxy Chain, Galaxy Investments, Galaxy Fiat Gateway, existing services offered by Trust Wallet and novel services to be provided by Galaxy.
6. Galaxy Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Galaxy, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
7. GUSD means Galaxy USD, a US dollar denominated and backed stable coin managed Paxos Trust Company, LLC.
8. Collateral Accounts refer to special accounts opened by Users on Galaxy to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the Galaxy Contract Services Agreement and Galaxy Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
9. Designated Stable coin means each of USD Coin (USDC), Pax Dollar (USDP), True USD (TUSD) and any other Digital Asset Galaxy may designate as such from time to time, provided that Galaxy may remove any Digital Asset from the scope of this definition at any time without prior notice.
10. Designated Stable coin Conversion means, in respect of each Designated Stable coin, the automatic conversion of that Designated Stable coin into BUSD upon deposit or transfer into your Galaxy Account or the conversion of BUSD into that Designated Stable coin in connection with a w
11. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
12. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
13. Fiat Partner means any third party service provider, with which Galaxy may partner in connection with any Fiat Services.
14. Fiat Services means: (a) crediting your Galaxy Fiat Account with one or more fiat currencies either via a bank transfer, or with your debit card or credit card; (b) purchasing Digital Assets at spot prices with one or more fiat currencies by using either your Galaxy Fiat Account balance, or your debit card or credit card; (c) selling Digital Assets at spot prices for fiat currencies and crediting the corresponding proceeds of sale either to your Galaxy Fiat Account, or to your debit card or credit card; (d) withdrawing one or more fiat currencies from your Galaxy Fiat Account either into your bank account, or to your debit card or credit card.
15. KYC refers to the “know-your-customer” process that Galaxy has put in place before entering into a business relationship or conducting transactions with its Users. As part of this process, Galaxy may do anything that it deems necessary in order to identify Users, verify their identity, scrutinize and investigate User transactions, or comply with any applicable law or regulation.
16. Loan/Lending refers to Galaxy’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by Galaxy.
17. Basic Trading means buying or selling supported Digital Assets and/or any supported fiat currency on the exchange for immediate settlement.
18. Users refer to all individuals, institutions or organizations that access, download or use Galaxy or Galaxy Services and who meet the criteria and conditions stipulated by Galaxy. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
II. General Provisions
1. About These Terms a. Contractual Relationship These Terms constitute a legal agreement and create a binding contract between you and Galaxy Operators. b. Supplementary Terms Due to the rapid development of Digital Currencies and Galaxy, these Terms between you and Galaxy Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore,THE PRIVACY POLICY (()), GALAXYPLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND Galaxy ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF GALAXYSERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS. c. Changes to These Terms Galaxy reserves the right to change or modify these Terms in its discretion at any time. Galaxy will notify such changes by updating the terms on its website and modifying the [Last revised] date displayed on this page.。ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF GALAXY SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING GALAXY SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF GALAXY SERVICES. d. Prohibition of Use BY ACCESSING AND USING GALAXY SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. GALAXY RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF GALAXY SERVICES IN CERTAIN COUNTRIES OR REGIONS. 2. About Galaxy As an important part of the Galaxy Ecosystem, Galaxy mainly serves as a global online platform for Digital Assets trading, investing and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with Galaxy, and deposit Digital Assets into their account prior to trading or Investing. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets. Although Galaxy has been committed to maintaining the accuracy of the information provided through Galaxy Services, Galaxy cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Galaxy be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Galaxy Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Galaxy does not provide investment or consulting advice of any kind,outside it’s jurisdiction and is not responsible for the use or interpretation of information on Galaxy or any other communication medium. All Users of Galaxy Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade or invest responsibly within their own capabilities. 3. Galaxy Account Registration and Requirements a. Registration All Users must apply for a Galaxy Account before using Galaxy Services. When you register a Galaxy Account, you must provide the information identified in this paragraph 3 or otherwise as requested by Galaxy, and accept these Terms, the Privacy Policy, and other Galaxy Platform Rules. Galaxy may refuse, in its discretion, to open a Galaxy Account for you. You agree to provide complete and accurate information when opening a Galaxy Account, and agree to timely update any information you provide to Galaxy to maintain the integrity and accuracy of the information. Each User (including natural person, business or legal entity) may maintain only one main account at any given time. However, Users can open one or more subaccounts under the main account with the consent of Galaxy. For certain Galaxy Services, you may be required to set up a specific account independent from your Galaxy Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this Section and Section VI, unless otherwise stated in these Terms or the Supplementary Terms. b. Eligibility By registering to use a Galaxy Account, you represent and warrant that: (i) as an individual, you are at least 16 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using the Galaxy Platform or the Galaxy Services; (iv) you do not have an existing Galaxy Account; (v) you are not resident, located in or otherwise attempting to access the Galaxy Platform or the Galaxy Services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Restricted Location. For the purposes hereof, “Restricted Location” shall include Malaysia, Russia, and such other locations as designated by Galaxy Operators from time to time as a “Restricted Location” for the purposes hereof; (vi) if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the Galaxy Platform and Galaxy Services on behalf of such legal entity; and (vii) your use of the Galaxy Platform and the Galaxy Services will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing. Please note that there are legal requirements in various countries which may restrict the products and services that Galaxy Operators can lawfully provide. Accordingly, some products and services and certain functionality within the Galaxy Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the Galaxy Platform and the Galaxy Services in each country from which the Galaxy Platform and the Galaxy Services are accessed by you or on your behalf. Galaxy Operators reserve the right to change, modify or impose additional restrictions with respect to the access to and use of the Galaxy Platform and/the Galaxy Services from time to time at their discretion at any time without prior notification. c. User Identity Verification Your registration of an account with Galaxy will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Galaxy, or for other lawful purposes stated by Galaxy. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate.AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, GALAXY RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF GALAXY SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO GALAXY DURING YOUR USE OF GALAXY SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE GALAXY TO CONDUCT INVESTIGATIONS THAT GALAXY CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR GALAXY FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL. d. Account Usage Requirements The Galaxy Account can only be used by the account registrant. Galaxy reserves the right to suspend, freeze or cancel the use of Galaxy Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Galaxy immediately. Galaxy assumes no liability for any loss or damage arising from the use of Galaxy Account by you or any third party with or without your authorization. e. Account Security Galaxy has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Galaxy Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Galaxy Account and personal information. You should be solely responsible for keeping safe of your Galaxy Account and password, and be responsible for all the transactions under your Galaxy Account. Galaxy assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc. By creating a Galaxy Account, you hereby agree that: you will notify Galaxy immediately if you are aware of any unauthorized use of your Galaxy Account and password or any other violation of security rules; you will strictly abide by all mechanisms or procedures of Galaxy regarding security, authentication, trading, charging, and withdrawal; and you will take appropriate steps to logout from Galaxy at the end of each visit.
III. Galaxy Services
Upon completion of the registration and identity verification for your Galaxy Account, you may use various Galaxy Services, including but not limited to, Basic Trading, Fiat Services, Investment, contract trading, leveraged trading, Galaxy Savings services, staking, acquiring market-related data, research and other information released by Galaxy, participating in User activities held by Galaxy, etc., in accordance with the provisions of these Terms (including Galaxy Platform Rules and other individual agreements). Galaxy has the right to: Provide, modify or terminate, in its discretion, any Galaxy Services; and Allow or prohibit some Users’ use of any Galaxy Services in accordance with relevant Galaxy Platform Rules. Galaxy has the exclusive authority to determine which Digital Assets are listed on the platform and may add or remove Digital Assets from the platform in its sole discretion, from time to time. Galaxy may also change the order size available for each Digital Asset. In respect of such additions, removals, or amendments, Galaxy may, but is not obliged to, notify Users in advance and Galaxy shall have no liability to Users in connection with such additions, removals or amendments. 1. Service Usage Guidelines a. License Provided that you constantly comply with the express terms and conditions stated in these Terms, Galaxy grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Galaxy Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Galaxy Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Galaxy Services should be stipulated in the discretion of Galaxy. Galaxy reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Galaxy Services in any way not expressly authorized by these Terms. These Terms only grant a limited license to access and use Galaxy Services. Therefore, you hereby agree that when you use Galaxy Services, Galaxy does not transfer Galaxy Services or the ownership or intellectual property rights of any Galaxy intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Galaxy Services, are exclusively owned, controlled and/or licensed by Galaxy Operators or its members, parent companies, licensors or affiliates. Galaxy owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Galaxy or Galaxy Services that you provide through email, Galaxy Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Galaxy. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback. b. Restriction When you use Galaxy Services, you agree and undertake to comply with the following provisions: During the use of Galaxy Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Galaxy; Your use of Galaxy Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Galaxy Services; Without written consent from Galaxy, the following commercial uses of Galaxy data are prohibited: 1) Trading services that make use of Galaxy quotes or market bulletin board information. 2) Data feeding or streaming services that make use of any market data of Galaxy. 3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Galaxy. Without prior written consent from Galaxy, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties. You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Galaxy Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Galaxy Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Galaxy Services or any Galaxy servers or any other systems or networks of any Galaxy Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Galaxy Services or any network connected to the properties, or violate any security or authentication measures on Galaxy Services or any network connected to Galaxy Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of Galaxy Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Galaxy Services or Galaxy, or the infrastructure of any systems or networks connected to Galaxy services; (vi) use any devices, software or routine programs to interfere with the normal operation of Galaxy Services or any transactions on Galaxy Services, or any other person’s use of Galaxy Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Galaxy, or (viii) use Galaxy Services in an illegal way. By accessing Galaxy Services, you agree that Galaxy has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to: Blocking and closing order requests; Freezing your account; Reporting the incident to the authorities; Publishing the alleged violations and actions that have been taken; Deleting any information you published that are found to be violations. 2. Basic Trading By making use of Basic Trading, you acknowledge and agree that you have read, understood and accepted the Basic Trading Terms of Use, which shall apply to all Basic Trading (as such term is defined in the Basic Trading Terms of Use). 3. Fiat Services 3.1 By accepting these Terms, you acknowledge and agree that: you have read, accepted and will comply with these Terms, the Legal Statement, the Privacy Policy, and any other Galaxy Platform Rules related to Fiat Services; Galaxy may partner with any Fiat Partners and that, if applicable, you will open an account with such Fiat Partners by completing the relevant registration and identity verification for such account, and by accepting any user agreements, terms and conditions, policies and procedures or similar documents of any Fiat Partners; any payments expressed in any fiat currencies and which have been made in connection with any Fiat Services may not be canceled, recalled or refunded, and that any charge back requests in connection with any Fiat Services that involve a Fiat Partner, are subject to that Fiat Partner's policies and procedures. 3.2 If: (a) you are resident or located in an EEA jurisdiction or in the United Kingdom, then all Fiat Services will be provided to you by Coinbase; or (b) you use any Fiat Services, which involve a debit card or credit card, then (regardless of your residence or location) such the Fiat Services will be provided to you by any of the provided options on the Buy Crypto option, and in each case you will be required to read, accept and comply with the Terms of Use and Privacy Policy of providers of the fiat services. Coinbase is a US-based cryptocurrency exchange platform that allows users to buy, sell, and store cryptocurrencies such as Bitcoin, Ethereum, and others. It was founded in 2012 and is considered one of the largest and most reputable exchanges in the world. The platform is easy to use and offers features such as a mobile app, insurance coverage for stored funds, and support for multiple payment methods. Coinbase also offers trading services for professional traders, institutional investors, and high-volume traders. 4. Futures Trading Unless otherwise specified by Galaxy, to conduct Futures Trading, you must conclude with Galaxy a separate Galaxy Futures Service Agreement and open a special Collateral Account, following the completion of registration and identity verification for your Galaxy Account. You acknowledge and agree that: a. You fully understand the high risks of Futures Trading, including but not limited to the risk of major fluctuations of Digital Assets in Futures Trading, and the risk of exacerbated adverse outcome when leverage is used; b. You have sufficient investment knowledge and experience and the capacity to take risks arising from Futures Trading, and agree to independently assume all the risks arising from the investment of Futures Trading; c. Before performing Futures Trading, you have read and understood all the contents of the Galaxy Futures Service Agreement and the relevant Galaxy Platform Rules, and have consulted relevant professionals to make informed decisions on whether and how to complete Futures Trading according to their recommendations and your own reasonable judgment; d. You agree and authorize Galaxy to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the Galaxy Futures Service Agreement and the relevant Galaxy Platform Rules to protect the legitimate interests of you, Galaxy and other Users. 5.Stock Trading Before entering into transactions in Stock products through Galaxy (“Stock Trading”), you acknowledge and agree that: a. You fully understand the high risks of Stock Trading, including but not limited to the risk of major fluctuations of Digital Assets in Stock Trading, and the risk of exacerbated adverse outcome when leverage is used; b. You have sufficient investment knowledge and experience and the capacity to take risks arising from Stock Trading, and agree to independently assume all the risks arising from the investment of Stock Trading; c. Before performing Stock Trading, you have read and understood, and agree to be bound by the terms of, the Galaxy Stock Service Agreement and all relevant Galaxy Platform Rules, which shall supplement these Terms of Use, and have consulted relevant professionals to make informed decisions on whether and how to complete Stock Trading according to their recommendations and your own reasonable judgment; d. You agree and authorize Galaxy to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the Galaxy Options Service Agreement and all relevant Galaxy Platform Rules to protect the legitimate interests of you, Galaxy and other Users. 6. Mortage services By making use of the Mortage services, you acknowledge and agree that you have read, understood and accepted the “Mortage services Terms of Use”, which shall apply to all Mortage services (as such term is defined in the Mortage services Terms of Use). 7. Lending Services Unless otherwise provided by Galaxy, to borrow currencies, you must conclude with Galaxy a separate Lending Services User Agreement and open a special Collateral Account and/or finish other relevant procedures, following the completion of registration and identity verification for your Galaxy Account. You understand and agree that: a. There are considerable risks involved in Lending Services, which include without limitation to risks of fluctuation of the borrowed Digital Assets’ value, derivative risks and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using Lending Services, and you shall be responsible for all losses arising therefrom; b. you shall cooperate to provide the information and materials related to identity verification and Lending Services as required by Galaxy, and be solely responsible for taking necessary security measures to protect the security of your Collateral Account and personal information; c. you shall carefully read relevant Galaxy Platform Rules before using Lending Services, and be aware of, understand and observe the specific information and rules regarding the operations of Lending Services, and you undertake that the use of the assets borrowed shall conform to requirements of these Terms and related laws and regulations; d. Galaxy has the full right to manage your Collateral Account and collateral during the period in which Lending Services are offered, and reserves the right, under the circumstances specified in the Lending Services User Agreement or these Terms, to implement various risk control measures, which include but are not limited to forced liquidation. Such steps may cause major losses to you and you shall be solely responsible for the outcomes of such measures; e. Galaxy has the right to temporarily or permanently prohibit you from using Lending Services when it deems it necessary or reasonable, and to the maximum extent permitted by law, without liability of any kind to you. 8. Galaxy Savings Service Galaxy offers Galaxy Savings, a service to provide Users with value-added services for their idle Digital Assets. To use Galaxy Savings service, you must conclude with Galaxy a separate Galaxy Savings Service User Agreement and open a special Galaxy Savings service account, following the completion of registration and identity verification for your Galaxy Account. When using Galaxy Savings service, you should note that: a. Galaxy Savings assets will be used in cryptocurrency leveraged borrowing and other businesses. b. When you use Galaxy Savings service, you will unconditionally authorize Galaxy to distribute and grant the leveraged interest according to Galaxy Platform Rules. c. You shall abide by relevant laws and regulations to ensure that the sources of Digital Assets are legitimate and compliant when using Galaxy Savings service. d. When you use Galaxy Savings service, you should fully recognize the risks of investing in Digital Assets and operate cautiously. e. You agree that all investment operations conducted on Galaxy represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions. f. Galaxy reserves the right to suspend or terminate Galaxy Savings service. If necessary, Galaxy can suspend and terminate Galaxy Savings service at any time. g. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension, termination or deviation of execution of Galaxy Savings service, Galaxy will use reasonable effort to ensure but not promise that Galaxy Savings service execution system runs stably and effectively. Galaxy does not take any responsibility if the final execution fails to match your expectations due to the above factors. We offer a bonus to compensate for any considerable damage or inconvenience we are responsible for the outcome. 9. Staking Programs Galaxy will from time to time launch Staking Programs for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their Galaxy Accounts. When participating in Staking Programs, you should note that: a. Unless otherwise stipulated by Galaxy, Staking Programs are free of charge and Users may trade during the staking period; b. Galaxy does not guarantee Users’ proceeds under any Staking Program; c. Galaxy has the right to initiate or terminate Staking Program for any Digital Currencies or modify rules on such programs in its sole discretion; d. Users shall ensure that sources of the Digital Currencies they hold in Galaxy Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, Galaxy has the right to take necessary steps in accordance with these Terms or Galaxy Platform Rules, including, without limitation, freezing Galaxy Accounts or deducting the Digital Currencies awarded to Users who violate the rules of respective Staking Programs. 10. Galaxy POS Service Agreement a. Galaxy’s POS service for Galaxy users to gain proceeds through idle cryptocurrency assets. b. Galaxy POS assets will be used in cryptocurrency staking to gain proceeds and other businesses. c. When you use Galaxy POS service, you will unconditionally authorize Galaxy.com to distribute the staking interest according to the rules of the platform. d. You shall abide by the relevant laws of the State to ensure that the sources of assets are legitimate and compliant when using Galaxy POS service. e. When you use Galaxy POS service, you should fully recognize the risks of investment in cryptocurrency and operate cautiously. f. You agree that all investment operations conducted on Galaxy.com represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions. g. Galaxy.com reserves the right to suspend or terminate Galaxy POS service. If necessary, Galaxy.com can suspend and terminate Galaxy POS service at any time. h. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of Galaxy POS service execution, Galaxy.com will use commercially reasonable effort to ensure but not promise that Galaxy POS service execution system run stably and effectively. Galaxy.com does not take any responsibility if the final execution doesn’t match your expectations due to the above factors. 11. Galaxy Convert Services a. Upon completion of the registration and identity verification for your Galaxy Account, you may be able to make use of the Galaxy Convert services, which enable Users to buy and sell Digital Assets based on prices provided by Galaxy (the “Galaxy Convert Services”). Pursuant to the Galaxy Convert Services, Users may provide Galaxy with a request to convert one Digital Asset into another Digital Asset or a particular Fiat currency into a Digital Asset (or vice versa), as applicable, based on supported trading pairs as available on the Platform (a “Conversion”), which Galaxy may, in its sole discretion, elect to accept or reject. If accepted, a transaction will be entered into between Galaxy and the User subject to the terms as set out in the remainder of this Clause. b. To request a Conversion between a supported trading pair through the Platform, Users may place (i) a market order, by specifying the type and amount of the Digital Asset or fiat currency (each an "Asset") to be converted and the type of the Asset to be received pursuant to such Conversion (a “Convert Market Order”); and/or (ii) a limit order, by specifying the type and amount of the Asset to be converted and the type of Asset to be received pursuant to such Conversion, the limit price at which such Conversion is to take place and the date upon which the limit order is to expire (a “Convert Limit Order”). For the purposes of the Galaxy Convert Services reference to “Platform” shall be to the digital platform made accessible via any website, page, feature, or content owned or operated by Galaxy, any mobile application developed or provided by Galaxy or any Galaxy API Connection (as defined below) made available to Users or third-party applications relying on such Galaxy API Connection or by such other means as Galaxy may prescribe from time to time for the use of Galaxy Convert Services. c. If a User places a Convert Market Order, Galaxy may (but is not obliged to) provide a non-binding, indicative and discretionary quote for the conversion (a “Convert Quote”), which the User may accept or decline within such period of time as Galaxy may in its sole discretion specify. It is the User’s responsibility to check the competitiveness of the price and decide whether to accept the Convert Quote or not within the specified time. User’s acceptance of the Convert Quote will result in the submission of a trade request to Galaxy for Galaxy to process the requested Conversion at the price provided in the Convert Quote (the “User Trade Request”). Submission of a User Trade Request authorizes Galaxy to temporarily lock the requisite amount of the User’s Assets that are to be converted until the Conversion is completed (subject to Galaxy’s right to reject any such User Trade Request as detailed further below). d. User’s acceptance of a Convert Quote and submission of a User Trade Request does not obligate Galaxy to process the requested Conversion on behalf of the User. Galaxy may either accept or reject the User Trade Request at its sole discretion, depending on market conditions and other factors at the relevant time. e. If Galaxy accept a User Trade Request, Galaxy will guarantee the price of the requested Conversion (regardless of any price movement since the Convert Quote was provided) as well as the amounts of the relevant Assets that are to be Converted and provided to User pursuant to such Conversion. Galaxy will settle the requested Conversion accordingly by debiting the User’s Galaxy Account of the agreed amount of Assets to be converted and crediting the User’s Galaxy Account with the agreed amount of Assets to be received pursuant to such Conversion. In most cases, the settlement process will complete within 10 seconds from the acceptance by Galaxy of the relevant User Trade Request, however Galaxy does not guarantee the settlement of the Conversion within this timeframe and in some instances the settlement process may take several hours or even longer, depending on various factors, including, without limitation, market conditions, technical issues, etc. Once a User Trade Request has been accepted by Galaxy, , the User will not be permitted to cancel the requested Conversion or to transfer, withdraw, or otherwise trade the Assets that are the subject of such Conversion. Galaxy shall not be held responsible for potential loss or opportunity cost in connection with any price change of the Asset subject to the Conversion during this settlement period. f. In respect of Convert Limit Orders, Galaxy may accept or reject any Convert Limit Order in its sole discretion. If Galaxy accepts a Convert Limit Order, Galaxy does not guarantee that such Convert Limit Order will be filled , even if the market price of the relevant Asset subject to the Conversion hits or crosses the limit price set by the User pursuant to such Convert Limit Order. This is due to the fact that Convert Limit Orders are executed subject to market conditions and liquidity. Galaxy shall not be held responsible for any potential loss or opportunity cost due to the failure to execute any Convert Limit Order in such case. If any Convert Market Order is executed, the provisions detailed in sub-clause (e) above with respect to the settlement of the relevant Conversion shall apply. g. Galaxy has the exclusive authority to determine which Assets are listed on the Platform and are available for the purposes of any Conversion and may add or remove Assets and/or particular trading pairs from the Platform in its sole discretion, from time to time without prior notice. Galaxy may also change the order size available for a Conversion with respect to a particular Asset. In respect of any such additions, removals, or changes, Galaxy may, but is not obliged to, notify Users in advance and Galaxy shall have no liability to Users in connection with such additions, removals or changes. h. It is recommended that Users conduct independent research into different Digital Assets prior to using Galaxy Convert Services and that Users take steps to ensure they understand the risks associated with the trading of Digital Assets. Users bear full responsibility for ensuring that the Galaxy Convert Services are suitable for them, taking into account their own financial objectives and circumstances, and shall be solely responsible for any profit or loss sustained in connection with their use of the Galaxy Convert Services. Galaxy does not make any representation of guarantee as to the outcome to be received by the trading of Digital Assets whether pursuant to the Galaxy Convert Services or otherwise. If a User is accessing the Galaxy Convert Services pursuant to an API connection provided to the User by Galaxy (a “Galaxy API Connection”), the User acknowledges and agrees as follows: Galaxy does not currently support the submission of Convert Limit Orders through any Galaxy API Connection. Accordingly, a Galaxy API Connection may only be used for the purposes of submitting Convert Market Orders; Galaxy may change the endpoints of any Galaxy API Connection from time to time and/or may change the settings of any Galaxy API Connection, including to impose any particular trading limits and/or minimum order amounts with respect to specific Users, in each case at any time for any reason in its sole discretion and shall not be obliged to provide any prior notice to User of any such change; Galaxy may restrict or terminate a Galaxy API Connection at any time for any reason in its sole discretion, for example, including (but not limited to) where Galaxy suspects that the User is using the Galaxy API Connection for the purposes of price arbitrage, market manipulation or is otherwise exploiting pricing provided by Galaxy via the Binace API Connection for the purposes of gaining a market advantage, and Galaxy is not obliged to provide any prior notice to User of any such restriction or termination or any reason therefor; a Galaxy API Connection is provided “as is” and is used by a User entirely at its own risk. Galaxy shall not be liable for any error, malfunction, or unavailability of any Galaxy API Connection or any losses incurred by a User or any third party in connection with the use of (or inability to use) any Galaxy API Connection; and if User is redistributing any prices provided by Galaxy through a Galaxy API Connection, whether in relation to the Galaxy Convert Services or otherwise, Galaxy shall not be a party to, nor have any obligation with respect to, any transaction entered into by the User with any third party (including any customer of the User) on the basis of a price provided by Galaxy. User shall be solely responsible for its transactions and relationships with third parties (including its own customers), including without limitation any obligations or duties arising under applicable law or regulation. To the extent that User applies any mark-up or spread to prices received from Galaxy for the purposes of trading with its own customers, User shall be solely responsible for determining the amount of and appropriateness of any such mark-up or spread and Galaxy shall have no involvement with, or liability in relation to, any such decision or other decision regarding transactions between the User and any customer of User or other third party. Unless otherwise agreed by Galaxy in writing, User shall not identify Galaxy as the source of any prices provided to User to any third party (including User’s own customers) nor use the name “Galaxy” or any logo or symbol of Galaxy in its own marketing, communications with third parties, websites or for any other purpose. 12. Galaxy Leveraged Tokens Before transacting in Galaxy Leveraged Tokens, you acknowledge and agree that you have read, understood and accepted each of the Galaxy Leveraged Tokens Risk Disclosure Statement and the Galaxy Leveraged Tokens Agreement, which shall apply to all subscriptions to, redemptions of and transactions in Galaxy Leveraged Tokens (as such term is defined in the Galaxy Leveraged Tokens Agreement). 13. BUSD Conversion A. Deposits Unless you opt out of the Designated Stablecoin Conversion, when you deposit or receive a Designated Stablecoin into your Galaxy Account, the amount received will automatically be converted into an equivalent amount of BUSD at a rate of 1 to 1. B. Withdrawals Unless you have opted out of the Designated Stablecoin Conversion, if you have a balance in your Galaxy Account denominated in BUSD, you may give Instructions to withdraw such balance from your Galaxy Account either in BUSD or in any of the Designated Stablecoins. Where you choose to withdraw a Designated Stablecoin, you will receive an amount equal to your balance in BUSD, converted into the relevant Designated Stablecoin at a rate of 1 to 1, minus any applicable withdrawal and transaction fees. C. Exceptions Galaxy reserves the right to suspend or terminate the Designated Stablecoin Conversion for any or all Designated Stablecoins at any time without prior notice. Where necessary due to market conditions affecting one or more Designated Stablecoins, Galaxy may adjust the conversion rate used for the Designated Stablecoin Conversion. 14. Galaxy OTC If agreed with Galaxy, you may be permitted to receive certain over-the-counter (OTC) services with respect to bilateral transactions in Digital Assets, which services shall be subject to the Galaxy OTC Terms. You agree to be bound by the Galaxy OTC Terms with respect to all OTC Services provided to you through Agreed Communication Channels (as each term is defined in the Galaxy OTC Terms). INVESTMENTS Purpose: The purpose of investing is to grow your capital over time by allocating funds into various financial instruments with the expectation of earning returns. Risks: Investing always involves a degree of risk, including the possibility of losing some or all of your invested capital. You should thoroughly understand the risks involved before making any investment decisions. Diversification: Diversifying your investments across different asset classes and geographies can help to minimize risk and maximize returns. It is recommended to not put all your eggs in one basket. Research: Conduct thorough research on the investment opportunities you are considering and keep yourself informed of market conditions and any news that may affect your investments. Monitoring: Regularly monitor the performance of your investments and adjust your strategy as necessary. Long-term perspective: Investing is a long-term strategy, and it is important to have patience and maintain a long-term perspective. Tax implications: Be aware of any tax implications of your investments, as these can have a significant impact on your returns.
IV. Liabilities
1. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GALAXY SERVICES, GALAXY MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GALAXY ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GALAXY EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, GALAXY DOES NOT REPRESENT OR WARRANT THAT THE SITE, GALAXY SERVICES OR GALAXY MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GALAXY DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF GALAXY SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT GALAXY WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY Galaxy AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY Galaxy; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY Galaxy. THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE. 2. Disclaimer of Damages and Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Galaxy, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF Galaxy SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF Galaxy SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Galaxy AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF Galaxy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF Galaxy’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF Galaxy, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF Galaxy AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF Galaxy SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO GALAXY UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. 3. Indemnification You agree to indemnify and hold harmless Galaxy Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Galaxy Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Galaxy Services. If you are obligated to indemnify Galaxy Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Galaxy will have the right, in its sole discretion, to control any action or proceeding and to determine whether Galaxy wishes to settle, and if so, on what terms.
V. Announcements
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed or sent via mail. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. Galaxy WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
VI. Termination of Agreement
1. Suspension of Galaxy Accounts You agree that Galaxy shall have the right to immediately suspend your Galaxy Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to Galaxy for any reason including if Galaxy suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Galaxy shall not be liable to you for any permanent or temporary modification of your Galaxy Account, or suspension or termination of your access to all or any portion of Galaxy Services. Galaxy shall reserve the right to keep and use the transaction data or other information related to such Galaxy Accounts. The above account controls may also be applied in the following cases: The Galaxy Account is subject to a governmental proceeding, criminal investigation or other pending litigation; We detect unusual activities in the Galaxy Account; We detect unauthorized access to the Galaxy Account; We are required to do so by a court order or command by a regulatory/government authority. 2. Cancellation of Galaxy Accounts In case of any of the following events, Galaxy shall have the right to directly terminate these Terms by cancelling your Galaxy Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Galaxy Account on Galaxy and withdraw the corresponding Galaxy Account thereof: after Galaxy terminates services to you; you allegedly register or register in any other person’s name as a Galaxy User again, directly or indirectly; the information that you have provided is untruthful, inaccurate, outdated or incomplete; when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Galaxy Account or by other means; you request that Galaxy Services be terminated; and any other circumstances where Galaxy deems it should terminate Galaxy Services. Should your Galaxy Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Galaxy shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above. If Galaxy is informed that any Digital Assets or funds held in your Galaxy Account are stolen or otherwise are not lawfully possessed by you, Galaxy may, but has no obligation to, place an administrative hold on the affected funds and your Galaxy Account. If Galaxy does lay down an administrative hold on some or all of your funds or Galaxy Account, Galaxy may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Galaxy has been provided to Galaxy in a form acceptable to Galaxy. Galaxy will not involve itself in any such dispute or the resolution of the dispute. You agree that Galaxy will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold. 3. Remaining Funds After Galaxy Account Termination Except as set forth in paragraph 4 below, once a Galaxy Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Galaxy) will be payable immediately to Galaxy. Upon payment of all outstanding charges to Galaxy (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account. 4. Remaining Funds After Galaxy Account Termination Due to Fraud, Violation of Law, or Violation of These Terms Galaxy maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Galaxy Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms. 5. Dormant Accounts Notwithstanding any provision of this Section VI, Galaxy may provide a written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your Galaxy Account within 30 days of the notice. In the event that you fail to do so, Galaxy may in its absolute discretion and without prior notice to you: (a) deem your Galaxy account as a dormant account; (b) close any open positions in any Galaxy products; (c) convert the Digital Assets to a different type of Digital Asset (e.g., from BTC to BUSD). For the avoidance of doubt, none of the Galaxy Operators shall be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion; (d) transfer such dormant account (including any Digital Assets contained therein) to an affiliate of the Galaxy Operators, any third-party custodian or an isolated wallet where it is deemed reasonably necessary by Galaxy to do so. In the event that such transfer has taken place, you have the right to retrieve your digital assets from subject to satisfying Galaxy’s verification requirements, including completing KYC; (e) charge a dormant account fee to cover the cost of maintaining the assets by the Galaxy Operators, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis; and (f) close a dormant account at any time, and Galaxy will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by Galaxy. Any assets in these dormant accounts will be transferred in accordance to paragraph 5(d) above. After a dormant account is closed, it cannot be reactivated by you (i.e. you will need to register a new Galaxy account if you wish to continue to use Galaxy Services).
VII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of Galaxy Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.ALL USERS OF Galaxy SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT Galaxy WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Galaxy maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
VIII. Privacy Policy
Access to Galaxy Services will require the submission of certain personally identifiable information. Please review Galaxy’s Privacy Policy at www.Galaxy.com/en/privacy for a summary of Galaxy’s guidelines regarding the collection and use of personally identifiable information.
IX. Resolving Disputes: Forum, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION. 1. Notice of Claim and Dispute Resolution Period. Please contact Galaxy first! Galaxy wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Galaxy, then you should contact Galaxy and a ticket number will be assigned. Galaxy will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding). In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Galaxy, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Galaxy. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Galaxy account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Galaxy. After you have provided the Notice of Claim to Galaxy, the dispute referenced in the Notice of Claim may be submitted by either Galaxy or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Galaxy for resolution internally and the delivery of a Notice of Claim to Galaxy are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Galaxy shall not be disclosed to the arbitrator. 2. Agreement to Arbitrate and Governing Law. You and Galaxy Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and Galaxy (and/or Galaxy Operators) arising in connection with or relating in any way to these Terms or to your relationship with Galaxy (and/or Galaxy Operators) as a user of Galaxy Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and Galaxy Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC. Rules) in force when the Notice of Arbitration is submitted, as modified by this Section X. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST Galaxy OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the HKIAC in accordance with the HKIAC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Galaxy is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Hong Kong. Place of Hearing: The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Hong Kong. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms. 3. Class Action Waiver. You and Galaxy agree that any claims relating to these Terms or to your relationship with Galaxy as a user of Galaxy Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Galaxy further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Galaxy. 4. Modifications. Galaxy reserves the right to update, modify, revise, suspend, or make any future changes to Section X regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your Galaxy account shall be deemed to be your acceptance of any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section X, Galaxy may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account. 5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
X. Miscellaneous
1. Independent Parties. Galaxy is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties. 2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Galaxy Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein. 3. Interpretation and Revision. Galaxy reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Galaxy websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Galaxy Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Galaxy will not be responsible for any modification or termination of Galaxy Services by you or any third party, or suspension or termination of your access to Galaxy Services. 4. Language & Translations: These Terms may, at Galaxy’s sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text. 5. Force Majeure. Galaxy will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Galaxy’s reasonable control. 6. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible. 7. Assignment. You may not assign or transfer any right to use Galaxy Services or any of your rights or obligations under these Terms without prior written consent from Galaxy, including any right or obligation related to the enforcement of laws or the change of control. Galaxy may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval. 8. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself. 9. Third-Party Website Disclaimer. Any links to third-party websites from Galaxy Services does not imply endorsement by Galaxy of any product, service, information or disclaimer presented therein, nor does Galaxy guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Galaxy will not be liable for such loss. In addition, since Galaxy has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully. 10. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through Galaxy Services, such activities and programs are provided by Galaxy and are not associated with Apple Inc. in any manner. 11. Contact Information. For more information on Galaxy, you may refer to the company and license information found on Galaxy websites. If you have questions regarding these Terms, please feel free to contact Galaxy for clarification via our Customer Support team at www.Galaxy.com/en/support/requests/new.
X. Overdue Account
1. An overdue account is an account which hasn't seen an activity for over a year.
2. Withdrawal. Withdrawals from an overdue account attracts a certain fee in order to reactivate the account and process withdrawals.
3. This fee will be paid in order to process withdrawals successfully.