User Agreement

Last updated: 5 January 2024

Welcome to the Bixin software (hereinafter referred to as “the software”) and services developed and operated by NewBX Limited (CE number: BUY737) (a company incorporated in Hong Kong with registered address at Room 702, 7/F., Fu Fai Commercial Centre, 27 Hillier Street, Sheung Wan, Hong Kong, hereinafter referred to as “the company”). Please refer to the company’s website at bixin.com for our licensing status, and we will notify you if there is a change to our licensing status. Unless otherwise specified, references to the company herein also include those to NewBX Treasures Limited (a company incorporated in Hong Kong with registered address at Room 702, 7/F., Fu Fai Commercial Centre, 27 Hillier Street, Sheung Wan, Hong Kong and Trust or Company Service Provider Licence No. TC009090 issued by Hong Kong Companies Registry) ("Associated Entity”).

In order to use the software and services, you (hereinafter referred to as “you” or “user” ) must read and agree to abide by the “User Agreement” (hereinafter referred to as “this agreement”) and “Privacy Policy” of the companyʼs website. This agreement, the “Privacy Policy”, the “Anti-Money Laundering and Anti-Token Laundering Announcement”, the “Risk Disclosure Statement”, “Information in Relation to Custodian Arrangements”, as amended, supplemented or modified from time to time, shall constitute an entire agreement (“the agreements”) between both parties regarding the use of this software and services. If this agreement is inconsistent with other agreements, this agreement shall prevail. If there are any inconsistencies between the English versions and Chinese versions of agreements, the English versions shall prevail. Please read carefully and fully understand the terms of each clause of the agreements, especially the terms of exemption or limitation of liability, and choose to accept or not. Your acts of downloading, installing, using, applying for, obtaining an account, logging in, etc. shall be regarded as you have read and agree to be bound by the agreements. The company reserves the right to make any amendments and additions to the terms of the agreements from time to time and publish it in the software and services. Modifications and additions to the terms of the agreements will take effect immediately upon publication. Your continued access to and use of the software and services are deemed to be subject to the revised agreements. Otherwise, you have the right to terminate the agreements by ceasing to login and refusing to use the software and services.

You are obliged to comply with all applicable laws, regulations, rules, guidelines and other government regulations, without disrupting the normal trading order, exchange and custody of digital assets (including all digital assets relating to which services are provided by the company such as BTC, ETH, etc. from time to time), and not using the software and services to organize to participate in criminal activities such as money laundering or gambling. If any violation results in the occurrence of any legal consequences, you are solely responsible for all corresponding legal liabilities. If the user commits an illegal or criminal act, or if the company has relevant evidence to reasonably suspect that the user may be committing an illegal act or a crime, or in violation of the agreements, the company shall be entitled to suspend or terminate the service to the user, to publish such user's illegal act or default on the company's website and the internet (if appropriate), and to report to the relevant authorities and cooperate with them on the investigation activities, including but not limited to the disclosure of all user information, transaction records and other information as required by such relevant authorities. The company may implement any and all of the above actions, of which the resulting consequences, risks and responsibilities shall be borne by the user. The acceptance of the agreements by the user is deemed that the user understands and accepts the terms and permanently and irrevocably authorizes the company to disclose relevant information and take corresponding measures.

The contents of the agreements include the text of the agreements and various rules, statements and instructions that the company issued or may publish in the future. All rules, statements and instructions are inseparable parts of the agreements and have the same legal effect as the context of the agreements.

If you sign up for, register to use, and use the software and services on behalf of an institution and not you, you will be deemed to be fully authorized to represent the relevant institution’s agreement to the terms of this agreement and the terms of this agreement from time to time as modified and supplemented.

You undertake and agree to notify the company immediately of any material change to your full name, address, and any other material information provided to the company for the provision of software and services. Failure to do so may result in the termination or suspension of services.

The company undertakes and agrees to notify you, either in writing or by drawing your attention to updates posted on the company’s website, of any material change to:

(i) the full name and address of the company’s business;

(ii) the company’s licensing status with the SFC and its CE number;

(iii) the nature of software and services provided to you;

(iv) the description of remuneration and any fees to be paid by you; and

(v) any other material information in relation to the software and services provided

I. The software and services

1. This software and service enable you to acquire or dispose of virtual assets through the platform operated by the company. The company may also provide off-platform service, which consists of the over-the-counter (“OTC”) trading desk and the request-for-quote (“RFQ”) services. In addition, the company provides custody services that it holds your assets on trust through our Associated Entity. (the detailed service scope is also set out on the company‘s website).

2. For the purpose of using the software and services, you need to download the software client through the website （bixin.com）or other channels approved by the company. The company grants you personal, non-transferable and non-exclusive use permission. You may only access and use the Software and Services for your own use.

3. The software and services may have different features from time to time, and the use of each feature and its limitations will be subject to the specific business rules for that feature. The company has the right to formulate and revise these specific business rules from time to time and publish such rules. Your use or continued use of such features constitutes your agreement and acceptance of such rules and amendments.

II. Registration and account acquisition

1. You need to register a Bixin account before using the software and services. The Bixin account is registered with the mobile phone number and /or email address (depending on the specific version). We will create a Bixin account for you based on the mobile phone number and/or email address you provide for registration. If you have previously registered as a user on the companyʼs website using the same mobile phone number and/or email address , the Bixin account registered using the mobile phone number and/or email address will be automatically associated with the account you have registered on the companyʼs website using the mobile phone number and/or email address .

2. The ownership of the Bixin account belongs to the company. After the user completes the registration procedure, he only obtains the right to use the Bixin account, and the right to use only belongs to the registrant himself. The registrant of a Bixin account shall not in any way provide the right to use the account with or without compensation to a third party, including but not limited to transfer, gift, lease, loan, license. If the registrant of the Bixin account violates the above-mentioned agreement, the consequences and responsibilities thereof shall be borne by the registrant themselves. If the loss is caused to the company, full compensation shall be paid to the company. The company shall have the right to recover the right to use the account.

3. You should keep your Bixin account ID and password properly. Entering this information accurately will be a key link for you to log in and use the software and services. You acknowledge and agree that any act that occurs under your account will be deemed to be or have been legally authorized by you and will bear all legal consequences. If you find that someone has used your account without authorization, you should change your password immediately and give us feedback. Despite the foregoing stipulations, under no circumstances will the company assume any responsibility for any loss or damage caused by your account number, password, login information error, loss, or other circumstances caused by your failure to ensure the security of Bixin account information.

III. The user notes

1. You understand and agree that in order to protect your data storage security and diversify risks, you authorize the Company to transfer your data to third parties in accordance with certain rules and proportions (as specified in the company’s Privacy Policy), and authorize the Company to entrust the third party to handle related matters, within the scope of the agreed services at the first in this agreement.

2. You understand and agree that the company will use reasonable commercial efforts to safeguard your data storage in the software and services, however, the company does not provide you with any guarantee in any form or nature, including but not limited to the following:

(1) the company will not bear any responsibility for the deletion or storage of relevant data in the software and services;

(2) the company has the right to determine the maximum storage period of individual usersʼ data in the software and services according to the actual situation, and allocate the maximum storage space for the data on the server. You can back up the relevant data in this software and service according to your own needs, and bear the corresponding risks;

(3) if you stop using the software and the service or service is terminated or cancelled (including permanent account closure), the company may permanently delete your data from the server. After the service is stopped, terminated or cancelled, the company is not obliged to return any data to you, subject to the requirement of the Personal Data (Privacy) Ordinance (Cap. 486 of Hong Kong) ("PDPO”).

3. Based on the open nature of the Internet, you are aware that users uploading pictures and other data to the Internet may be copied, reproduced, modified or otherwise used by other organizations or individuals. You must be fully aware of such risks. exist. You expressly agree that the use of the software and services will be entirely at your own risk; all consequences of your use of the software and services are your responsibility.

4. When the user uses the specific functions of the software and services, the company may call a third-party system or support the userʼs use or access through a third party. The results of the use or visit are provided by the third party (including but not limited to the service provided by the Bixin public account, or the content accessed through the open platform, etc.), the company does not make any commitment or assume any responsibility for the security, accuracy, validity and other matters of the third party providing the service and content, and the related risks and the responsibility lie with the user. When you use these third-party products or services, in addition to complying with the terms of this agreement, you must also comply with third-party user agreements. Any dispute arising from third-party software or technology used in this software shall be resolved by the third party, and the company shall not assume any responsibility. The company does not provide customer service support for third party software or technology. If you need support, please contact the third party directly.

5. You understand and agree that under no circumstances whatsoever the company shall be liable for failures of the Internet connection, computer, communication or other system failures, power failures, strikes, labour disputes, riots, uprisings, riots, fires, or floods, storms, explosions, force majeure, wars, government actions, orders from international and domestic courts, third-party inaction or any reason that cannot be reasonably controlled by the company, inaccessibility of the software and services, delays in information and data, stagnation, or errors, failure to provide or delay in providing services.

6. If the information network connection fails, computer, communication, power or other system failures, staff failures, etc., cause the company to make double payment or pay more digital assets to the users, the user is obligated to return to the company the extra payment or digital assets immediately, in any case, the user shall complete the return within 10 days from the date of receiving reasonable notice and remind from the company. You also agree that the company has the right to deduct the same amount directly from your account, in fiat or digital assets, or the extra payment or digital assets, at its absolute discretion upon expiry of the said 10 days.

7. If any digital assets transferred between users are wrongly accounted for, they must be resolved by the users. The company is not responsible for helping to revoke or freeze the digital assets involved in the corresponding operations or take any other measures, nor does it take any responsibility in this regard.

8. If a user has a dispute with other users due to online transactions, the user must apply to the relevant judicial, governmental and/or administrative authority(ies) to obtain relevant information from the company. The company will not accept other methods of obtaining the application and is not responsible for providing relevant information through other channels

9. You understand and agree that the company has the right to decide to use the software and services for commercial purposes. Subject to the requirement of the PDPO, the company promises to protect your personal information in accordance with the agreement in the promotion process, and you can also choose to block or reject according to the system settings.

IV. Software updates, changes and service interruption, termination

1. In order to improve the user experience and improve the service content, the company will continue to develop new features or versions, and provide you with software updates from time to time (these updates may take the form of software replacements, modifications, enhancements, version upgrades, etc.).

2. In order to ensure the consistency of the security and functionality of the software and services, the company reserves the right to update the software without notice to you, or to change or limit the functionality of some of the software from time to time. After the release of the new version of this software, the old version of the software may not be available. Please check and download the latest version at any time. The failure to use the latest version to download and use the latest version will be at your own risk. If you continue to use the software and services, you agree to accept the updated software and services. If you refuse to accept the updated software and services, you should immediately stop logging in and use the software and services; in such cases, you still need to take full responsibility for your actions that occurred before you stopped using such software and services.

3. You understand and agree that the company reserves the right to suspend services, adjust service features, or terminate services due to software, service maintenance, upgrades, or other reasons. The company will make public announcements or notices in advance on the company website or in the software. You agree that the company will not be liable to you for this.

4. If the company terminates the software and services, or if the company terminates the provision of the software and services to users pursuant to the stipulations of this agreement or laws, rules and regulations of the relevant jurisdiction(s), the company has the right to return the digital assets in the user account via the original route or according to relevant laws, rules and/or regulations of the relevant jurisdiction or such other order from the relevant regulator(s) and/or authority(ies). The provisions of the regulations are dealt with. If you fail to return due to user reasons or have other clearing obstacles, all risks, losses and liabilities shall be borne by the user.

V. The user behaviour specification

(I) Compliance with Local Laws

It is the users' responsibility to abide by local laws and other applicable laws and regulations in relation to the use of the software and services in the relevant jurisdiction(s). The users must also consider taxation matters in all respects in accordance with the relevant laws, rules and/or regulations including but not limited to the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL users of the software and the services warrant and represent that their funds come from legitimate sources and do not originate from illegal activities; users agree that the company will require them to provide or otherwise collect the necessary information and materials in accordance with the relevant laws or government orders to verify the legality of the sources and use of their funds. The company cooperates with law enforcement authorities globally and will not hesitate to seize, freeze, revoke license, terminate or investigate the usersʼ accounts and funds.

(II) Specification of legality of information content

The user promises to ensure the legality of any content (including but not limited to the information such as the head image, name, user description, etc. of Bixin account profiles, or the sending and reply of text, voice, picture, etc., as well as other content generated by the use of the Bixin account or the software and services) produced, copied, released and disseminated in the process of using the software and services. The user promises not to use Bixin account or the software and services to create, reproduce, publish, or disseminate the following as part of the normal operations of interfering operations of the company and infringement of the legal rights of other users or third parties, including but not limited to:

1. Distribute, transmit, disseminate, store contents prohibited by relevant laws and regulations.

2. Distribute, transmit, disseminate, and store content that infringes other parties’ right to reputation, portrait rights, intellectual property rights, trade secrets, etc.

3. Involving other parties’ privacy, personal information or information.

4. Post, transmit, transmit harassment, advertisement information, over-marketing information and spam or contain any sexually or sexually suggestive information.

5. Other information that violates laws, regulations, policies and public morals, public morality, or the normal operation of the company and infringes the legitimate rights and interests of other users or third parties.

(III) Specification of legality of software use

1. The userʼs use of the software and services must respect and safeguard the normal and stable operation of the companyʼs intellectual property and information. The user promises not to commit any activities that may infringe the intellectual property rights of the company or affect the normal operation of the company, including but not limited to:

(1) Delete the copyright information on the software;

(2) Reverse engineer, reverse assemble, reverse compile, or otherwise try to find the source code of the software;

(3) To use, rent, lend, copy, imitate, modify, reproduce, compile, publish, and establish mirror sites for the companyʼs own intellectual property content;

(4) Copy, modify, add, and delete the data released to any terminal memory during running of the software or the services, the interaction data between the client and the server during the running of the software, and the system data necessary for the operation of the software, engage in the operation or creation of any derivative works, including but not limited to the use of plug-ins, plug-ins, or unauthorized third-party tools/services to access the software and related systems;

(5) By modifying or falsifying the instructions and data in the software operation, adding, deleting, changing the function or operating effect of the software, or operating or publicizing the software and methods used for the above purpose, regardless of whether these actions are Business purpose;

(6) Log in or use the software and services, or create, publish, and disseminate the above mentioned tools through third-party software, plug-ins, plug-ins, and systems not developed and authorized by the company;

(7) Interfere with the software and its components, modules, and data on its own or by authorizing others or third-party software.

2. The following actions must not occur during the use of the software and service by users:

(1) submitting, posting false information, or impersonating or exploiting another party’s name;

(2) inducing other users to click on the link page or share information;

(3) falsifying facts and concealing the truth to mislead or deceive others;

(4) infringement of other parties’ legal rights such as reputation rights, portrait rights, intellectual property rights, trade secrets, etc.;

(5) to provide the Bixin account or any of its functions to third parties in any way, or for any commercial purpose;

(6) to engage in any illegal or criminal activities using the Bixin account or the software and services;

(7) produce and publish methods or tools related to the above actions, or operate or disseminate such methods or tools, whether or not these actions are for commercial purposes;

(8) other violations of laws and regulations, infringement of the legitimate rights and interests of other users, and interference with the normal operation of the software and services.

(IV) Breach of contract

1. If the company discovers or receives reports from others or complains that the user has violated this agreement, the company reserves the right to delete or block the relevant user(s) at any time without notice, and to include, but is not limited to, warnings and restrictions on the offending account, depending on the circumstances of the act. It is forbidden to use some or all of the functions, account closure, and cancellation of the penalty, and announce the results.

2. You understand and agree that the company has the right to punish violations of relevant laws and regulations or the provisions of this agreement in accordance with reasonable judgment, take appropriate legal action against any user who violates the law and regulations, and save relevant information in accordance with laws and regulations to relevant departments. The report, etc., shall be solely responsible for all legal liabilities arising therefrom.

3. You understand and agree that you shall be solely liable for any claims, demands or losses caused by or arising out of any third party claim arising out of your breach of this agreement or related terms of service, and you shall also be liable for any and all loss incurred by the company.xxx

VI. Intellectual property rights

1. All intellectual achievements included in the software and services include, but are not limited to, copyrights for website logos, databases, website designs, text and graphics, software, photos, software compilations, source code, applications, and application programming interfaces, and any other copyrights and other intellectual property rights related to the software and services are owned by the company. Users may not copy, alter, copy, imitate, transmit or use any of the aforementioned materials or content. You may not implement, use, transfer or license others to implement the above-mentioned intellectual property for any purpose. Any unauthorized use of the software and services is an illegal act and the company will investigate relevant legal liabilities.

2. All rights and interests (including but not limited to goodwill, trademarks, and logos) contained in the names of the software and services are owned by the company.

VII. Privacy Policy

1. In order to provide the software and services, the user agrees with the companyʼs registration of user information (including personal identification information of the user), the userʼs access to the software and the userʼs IP address, such as the IP address of the user receiving the service letter, data of the userʼs transaction, and the userʼs transaction data. Other user information obtained through legal methods is recorded, saved, and used. The company will not provide, sell, rent, share and trade personal information of users to any unrelated third party. However, to facilitate the use of the software and services, the user agrees to conduct comprehensive statistics on the userʼs identity and information. The company will not disclose any information that may be used to identify the userʼs personal identity. However, the company does not assume any responsibility for the analysis of the userʼs personal identification information from the userʼs user name or other information that can be disclosed.

2. The user agrees that the company may disclose or use the userʼs personal information to identify and confirm the userʼs identity, resolve disputes, or to ensure the security of the software and services, and prevent or limit illegal or criminal activities. The user agrees that the company may disclose or use the userʼs personal information to protect the userʼs life and property or to prevent serious infringement of the legal rights of others or the needs of the public interest. The user agrees that the company may disclose or use the userʼs personal information to improve the software and services, and make the software and services more in line with the userʼs requirements, thereby enabling users to get a better experience when using the software and services. The user agrees that the company uses the userʼs personal information to communicate with the user and provides the user with information that may be of interest to the user, such as: commercial short messages to introduce and promote services or offers.

3. When the company is forced by law or provides information about the user according to the governmentʼs, court’s or the rights holderʼs request for identifying the alleged infringer, the company will disclose the userʼs data in good faith. When the company needs to protect the rights and property of the company, its agents, customers, users and others, including the implementation of the companyʼs agreements, policies and terms of use, the company will be a good faith disclosure of user information.

4. The user agrees that if the company intends to conduct corporate mergers and acquisitions, reorganization, capital increase or sale of all or part of the shares and/or assets, the company has the right to disclose the userʼs data to assist the parties in the transaction(s).

5. The company is not responsible for the privacy statements or other content of third parties other than the company.

6. Other privacy policies of the company are detailed in the Privacy Policy.

7. By accepting this agreement and the Privacy Policy or using the software and services, the user is deemed to have given express consent or authorization to the company to process the user's personal information and private data in accordance with the applicable laws and regulations in the relevant country or jurisdiction on the protection of personal information and privacy (regardless of how it is phrased), including but not limited to: collection, storage, use, processing, transmission, provision, disclosure, deletion, etc.

VIII. Risk Warning

1. The Internet is a global public network. It is decentralized and is not controlled by any institution. The way the data is transmitted over the Internet is not entirely certain and may be subject to illegal interference or intrusion. Data transmitted over the Internet may be obtained or tampered with by some unauthorized individuals, groups or agencies through certain channels. Data transmission over the Internet may be delayed due to heavy traffic or other reasons such as interruptions, pauses, or incomplete data, data errors, etc., which may cause transactions to experience errors, delays, interruptions, or pauses. The userʼs identity may be revealed, counterfeited or leaked due to the userʼs own negligence, which may cause loss to the user. The userʼs computer may affect the userʼs transaction login, transaction time, or transaction data due to performance deficiencies, quality problems, computer viruses, hardware failures, and other causes, causing losses to the user. The loss or liability caused by the above risks shall be borne by the user, and the company shall not bear any responsibility for this. In spite of this, with the attitude of being responsible to users, the company will adopt advanced network products and technical measures to maximize the protection of user data and use safety.

2. There is a very high risk of digital asset transactions. The digital asset market is new, unconfirmed, and may not grow. At present, digital assets are mainly used by speculators, and retail and commercial markets are relatively less used. As a result, digital asset prices tend to fluctuate, which in turn adversely affects digital asset investments. The digital asset market has no restrictions on the price limit, trading is open 24 hours. Because of the small number of chips in the digital assets, the price is vulnerable to the control of the dealer, which may cause sudden rise or crash.

3. To participate in digital asset transactions, users should control their own risks, evaluate the value of investment in digital assets and investment risks, and bear the economic risks of losing all investments. Due to the formulation or revision of national laws, regulations, and regulatory documents, the transaction of digital assets is suspended or prohibited, and the economic losses caused by this are all borne by users. Once a user registers with the company, he or she is deemed to have fully understood and understood the risks of the transaction and agrees to assume the risks or losses that may occur.

IX. Dispute Resolution

1. The disputes arising from the software and services provided by the company shall be governed by the laws of the Hong Kong Special Administrative Region and shall be settled by arbitration to be administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the rules of the HKIAC in force then.

2. The company is not responsible for any legal relationship and legal disputes arising from digital assets between users and other users of the company or other websites or users of the platform, nor is it liable for any legal liability.

X. Effectiveness and Interpretation of the Agreement

1. This agreement shall be effective when the user clicks on the registration page of the company to agree to register and complete the registration process and obtain the account and password, which is binding on both the company and the user.

2. If some of the terms of this agreement are found to be invalid or unenforceable, the other terms in this agreement are still valid.

3. If any additional terms of service, rules of use, or descriptions published by the company in relation to any of the functions of the software and services are inconsistent with the text of this Agreement, such additional terms of service, rules of use or instructions shall apply preferentially to that particular feature.

4. The final interpretation right of this agreement belongs to the company.

XI. Complaints and consultations

The company has a professional customer service team to provide users with timely troubleshooting and complaint feedback. If you have any questions, complaints and inquiries during the use of this software and services, you can contact customer service (Bixin account ID: bixin) at any time.

XII. Suitability

In conducting the relevant activities, if the company solicits the sale of or recommend any product including any virtual assets to you, the product must be reasonably suitable for you having regard to your financial situation, investment experience and investment objectives. No other provision of this agreement or any other document we may ask you to sign and no statement we may ask you to make derogates from this clause.

XIII. Pricing Guide

Limits and Fees:bixin.com