Binance Terms of Use
Last updated: August 31, 2023
These Terms constitute a legally binding agreement between you (“you” or “the user”) and Binance (“Binance” or “we”). These Terms govern your use of Binance services available on or through the platform or otherwise. Binance services may be made available to you by Binance, or by any Binance affiliate as otherwise stated in these Terms, including any product terms or additional terms.
By creating a Binance account, accessing the platform, using Binance services, or both, you agree that you have read, understood, and accepted these Terms, as well as any additional documents or conditions referenced herein. You further acknowledge and agree that you will be bound by these Terms, including any updates or modifications thereto.
If you do not fully understand and accept these terms, you should not create a Binance account, access the platform, or use any of Binance's services.
Risk Warning
As with any asset, the value of digital assets is highly volatile, and there is a material risk of financial loss when buying, selling, holding, or investing in digital assets. Therefore, you should consider whether trading or holding digital assets is appropriate for you in light of your financial circumstances.
Further information about the risks associated with using Binance services can be found in our Risk Warning, which may be updated from time to time. You should read the Risk Warning carefully, but it does not explain all the risks that may occur, or how these risks relate to your personal circumstances.
It is important that you fully understand the risks involved before making any decision to use Binance services.
We are not your broker, agent, or advisor, and we have no fiduciary relationship or obligation to you regarding any transactions or other activities you undertake when using Binance services. We do not provide investment advice or consulting of any kind, and any communication with you or information we provide is not intended as advice and should not be interpreted as such.
It is your responsibility to determine whether any investment, investment strategy, or related transaction is appropriate for you based on your investment objectives, personal financial circumstances, and risk tolerance, and you are responsible for any associated losses or liabilities. We do not recommend that you purchase, acquire, sell, or hold any digital asset. Before deciding to purchase, sell, or hold any digital asset, you should conduct your own due diligence and consult with your financial advisor. We are not liable for decisions you make to purchase, acquire, sell, or hold digital assets based on information provided by us, including any losses you incur as a result of those decisions.
Information about our agreement with you
1. Introduction
1.1. About Us. The Binance Group is an ecosystem centered around an online digital asset trading platform. The Binance Group provides users with a trading platform for buying and selling digital assets, an integrated escrow solution that allows users to store their digital assets, and other digital asset-related services.
1.2. These Terms. By registering to open a Binance account, you enter into a legally binding agreement with us. These Terms will govern your use of Binance services and tell you who we are, how we will provide Binance services to you, how these Terms can be changed or canceled, what to do if you have a problem, and other important information.
You should read these terms carefully, along with the documents referenced in the terms, and inform us of anything you do not understand.
If any local terms apply to your use of Binance services, those local terms take precedence over those terms.
1.3. Additional Documentation. These terms refer to a number of additional documents that also apply to your use of Binance services. These include:
a. - Our Privacy Notice, which sets out the terms under which we process any personal data we collect about you, or that you provide to us. By using Binance services, you understand and agree to this processing and warrant that all data you have provided is accurate and up-to-date.
b. - Our Risk Warning, which identifies important information about the risks that can arise when buying, selling, holding, or investing in digital assets.
c. The Fees System page on our website.
d. Product Terms, which define the additional terms and conditions that will apply to your use of specific Binance services.
You acknowledge that you will be bound by any additional relevant terms and conditions that apply to your use of Binance services, and you agree to comply with them.
2. Eligibility
2.1. Eligibility Criteria. To be eligible to create a Binance account and use Binance services, you must:
a. To be an individual, institution, legal person, entity or other organization with the full power, authority and ability to (1) access and use Binance services; (2) enter into and comply with obligations under these terms;
b. If you are an individual, you must be at least 18 years old;
c. If you are an employee or agent of a legal entity, and are entering into these Terms on its behalf, you must be formally authorized to act on behalf of and bind that legal entity for the purposes of entering into these Terms;
d. You must not have previously been suspended or banned from using Binance services;
e. Not being a prohibited person;
f. You don't already have a Binance account;
g. You must not be present, registered, established, a citizen, resident, or conduct business in:
i. A jurisdiction that, under applicable laws, prohibits access to or use of Binance services, or causes us or any other third party to violate any applicable laws; or
ii. A country listed on our prohibited countries list.
2.2. Modifying Eligibility Criteria. We may modify the eligibility criteria at any time at our sole discretion. Whenever possible, we will inform you of most changes in advance. However, we may occasionally need to make changes without prior notice. This may include the following:
a. We make the change as a result of legal and/or regulatory changes;
b. The changes being made are in your best interest;
c. Is there any other valid reason why there is no time to notify you?
When we are unable to give you advance notice, we will inform you of the change as soon as possible after it has been made.
3. How do we communicate with each other?
3.1. How to contact us. For more information about Binance, please refer to our website. If you have any questions, comments, or complaints, you can contact our customer support team at https://www.binance.com/en/chat. These terms may specify contact details for certain notifications. This address is not monitored for such notifications.
3.2. How We Will Contact You: We will contact you using the information you provide. This may include email, text message, or phone call. It is essential that your contact information is correct and up-to-date. If your contact details change, you must notify us immediately. Failure to do so will result in us not being responsible for you not receiving any important information, notifications, or other communications from Binance.
4. Binance Services
4.1. Specific Product Terms. Once you open a Binance account, you will be able to use Binance services subject to these terms and the product terms that govern your use of each specific Binance service.
4.2. In-Group Services. You acknowledge and agree that some Binance services may be provided by Binance affiliates.
5. Chat service
5.1. Chat Service Availability. We may make an online interactive chat service available to you (“Chat Service”) at any time in connection with your use of any of Binance’s services. By using the Chat Service, you may interact with a bot, chatbot, or other non-human entity. We will disclose the use of a chatbot, or other non-human software, to the extent required by applicable law. By interacting with us through the use of the Chat Service, you authorize us to monitor and record your conversations.
5.2. Important Information. The chat service is provided as a convenience, primarily to help you understand Binance services. Our chat service will make reasonable efforts to provide you with accurate and up-to-date information based on your question or need. Nothing we communicate in the chat service will be considered a legal agreement, representation, or warranty regarding Binance services, operations, decisions, or response times. Any personal data shared with us when using the chat service will be subject to applicable privacy policies and notices, as outlined in our Privacy Notice.
5.3. User Chats. In addition, we may provide you with chats that allow you to interact directly with other users of the platform (“User Chat”).
5.4. Prohibited Actions. You must not use the chat service or any user chat to send any abusive, defamatory, deceptive, obscene, or any messages intended to manipulate the market, spread false or misleading information, or messages that violate applicable laws. Doing so may result in the termination of your chat session and may lead to restrictions on the availability of Binance services to you.
6. Fees
6.1. Payment of fees. You agree to pay all applicable fees in connection with your use of Binance services as described on the Fees System page on our website, or as otherwise communicated to you in the terms of the relevant products.
You authorize us to deduct all applicable fees, commissions, interest, charges, and other amounts owed to you from your Binance account under these Terms or any product terms, in accordance with the calculation method described on our Fees Scheme page. If you owe us an amount in a digital asset and do not have sufficient assets of that digital asset, we may deduct the amounts due in the form of another digital asset to make the payment (in which case we will convert the digital asset you hold into the digital asset in which the amounts owed to us are calculated (or its equivalent in the local currency of the applicable currency), at the current platform rate or any other commercially reasonable rate at our discretion). In the absence of sufficient digital assets in your Binance account, you acknowledge that any amount due and payable by you under this clause is an immediate debt owed by you to us in that amount and in the form (whether digital asset or otherwise) as we may determine, in a commercially reasonable manner.
6.2. Amendment to our fees. We may amend our fees from time to time in accordance with section 18.3 of these Terms.
Information about your Binance account
7. Create a Binance account
7.1. Opening an Account. You must create and maintain a Binance account to access Binance services and the platform. This account may be an individual user account or a business account where the user is a company, entity, or other organization.
All Binance accounts are provided at our sole discretion. We reserve the right to refuse any application for a Binance account without giving reasons or to limit the number of Binance accounts you may hold.
7.2. Individual Benefits. By creating a Binance account, you agree to the following:
a. As an individual user, you will use your Binance account for yourself only, and not on behalf of any third party, unless you obtain prior written consent from us;
b. When you are an institutional user, authorized users will only use the Binance Corporate Account on your behalf, and not on behalf of any third party, unless prior written consent is obtained from us.
You are fully responsible for all activities that take place through your Binance account.
7.3. Identity Verification. You will need to comply with our identity verification procedures before you are allowed to open a Binance account and access and use Binance services. This involves providing us with certain information about yourself and, where applicable, about authorized users. All information you provide must be complete, accurate, and truthful. This information must be updated whenever it changes.
You authorize us to conduct investigations, either directly or through third parties, that we deem necessary to verify your identity, the identity of any authorized user, or to protect you and/or us from fraud, money laundering, terrorist financing or other financial crimes, and to take any action we deem necessary based on the results of such investigations.
When we conduct investigations, you acknowledge and understand that your personal data, and the data of any authorized user, may be disclosed to identity verification, compliance data logging, credit references, fraud prevention, or financial crime prevention agencies, and that these agencies may respond to our investigations in full.
You can review our privacy notice for more information on how we process your data.Your personal data.
7.4. Enhanced Due Diligence. We may also require you to comply with our enhanced due diligence procedures by providing additional information about yourself, your business or authorized users, submitting additional records or documentation, or holding face-to-face meetings with Binance representatives.
7.5. Records. We retain your personal data to enable you to continue using Binance services, for as long as necessary to fulfill the relevant purposes described in this Privacy Notice, and as may be required by law, such as for tax and accounting purposes, compliance with anti-money laundering laws, or as otherwise communicated to you. Please see our Privacy Notice for more information about how we collect and use your personal data in connection with the use and performance of our Binance websites and services.
7.6. Sub-accounts. At our discretion, you may create and access a Binance sub-account. Each natural person associated with a Binance sub-account is subject to the identity verification requirements set out in paragraph 7. Only one natural person or legal entity may be associated with a Binance sub-account.
8. Information requests
8.1. When We May Request Information. We may request information from you at any time for the purposes of complying with any applicable law or identity verification requirements, or in connection with the detection of money laundering, terrorist financing, fraud, or any other financial crime, or for any other legitimate reason. You agree to provide us with any information we request and allow us to keep a record of the information for the lifetime of your Binance account for as long as necessary to fulfill the intended purposes, or for any other period as provided by applicable law.
8.2. What happens when you provide information. Your access to your Binance account and the transaction limits that apply to your use of Binance services may be changed as a result of the information we continuously collect about you. If we have reasonable doubt that any information you have provided is incorrect, false, outdated, or incomplete, we may send you a notice requesting corrections, removal of the relevant information, or other actions we deem necessary to ensure that the information you have provided is correct and accurate.
8.3. If you fail to provide any requested information, you must comply with any information request we send you. If you refuse to provide the requested information, or do not comply in a timely manner, we reserve the right to immediately suspend or terminate your access to your Binance account, or to all or some Binance services, without notice.
9. Accessing your Binance account
9.1. Access. To access your Binance account, you or, where applicable, authorized users must have the necessary equipment (such as a computer or smartphone) and an internet connection. You can access your Binance account directly using the platform or through other access methods (including APIs) that we may specify. You are only permitted to access your Binance account using the access IDs we provide to you or authorized users for this purpose. We may require multi-factor authentication to keep your Binance account secure.
Use of the platform and other access methods may be subject to additional terms and conditions, which we will inform you of.
9.2. Restricting access to third parties. You must ensure that any Binance account(s) registered in your name will not be used by anyone other than you or, for Binance Business accounts, by authorized users, except as permitted by these terms.
10. Account information and transaction records
10.1. Your Account History. You can view your account history on the platform. You should carefully review your account history and notify us if you find any entries or transactions that you cannot recognize or that you consider incorrect within 14 days of your account history being made available to you.
10.2. Errors. We may correct any error in the account record at any time, and we reserve the right to invalidate or reverse any transaction that involves or arises from an apparent error, or to amend the details of such transaction to show what we consider to be true or fair about such transaction after the apparent error has been corrected. Without prejudice to the generality of the other terms set forth in these Terms, and in the absence of fraud or bad faith, Binance shall not be liable to you in any event for any loss or claim of any kind that you may suffer or incur in connection with any apparent error, whatever its cause, whether direct or indirect, special or consequential, including, but not limited to, loss of profits or loss of opportunity, even if Binance was advised of the possibility of such an occurrence or that such an occurrence was reasonably foreseeable.
10.3. Sharing of Information. We may be required by applicable law to share your accounts and platform usage with third parties. You acknowledge and agree that we are entitled to disclose this information. For more information about how we process your personal data, please review our Privacy Notice.
Using your account
11. Instructions
11.1. Giving Instructions. You must ensure that any instructions given are complete and accurate. We are not required to verify the accuracy, truthfulness, or authenticity of any instructions, and we will not monitor or reject instructions on the basis that they are duplicates or appear to be. However, if we have any doubt about the accuracy, truthfulness, or authenticity of instructions, we may refuse to act on any instructions, postpone acting on them, or seek further information regarding the instructions.
Instructions are irrevocable. Once instructions are submitted, neither you nor authorized users may cancel or withdraw them without our written consent. Your instructions are not considered received by us until they are received by our server. Our record of all instructions will be final and binding upon you for all purposes.
11.2. Acting on your instructions. By sending instructions, you or your authorized users authorize us to initiate transactions on your Binance account. Therefore, we are authorized to credit or debit your digital assets (or provide settlement information to third parties for the purpose of third-party deposit or debit) from your Binance account as per your instructions. If you do not have sufficient digital assets or fiat currency in your Binance account to complete the transaction (i.e., less than the amount required to settle the transaction and pay all associated fees), we reserve the right to refuse to execute any transaction. It is your responsibility to maintain sufficient digital assets or fiat currency in your Binance account.
11.3. Protection of Instructions. You understand that instructions and information transmitted on the platform or via email are generally transmitted over the internet and may be routed through public, cross-border facilities that are not specially protected. We cannot guarantee that the instructions and information transmitted will be completely protected from unauthorized access, and you accept the associated risks.
11.4. Withdrawals. Subject to these Terms and any applicable product terms, and provided that you have sufficient funds in your Binance account and the relevant digital assets are not frozen in your Binance account and tied to any Binance service, you may instruct Binance to transfer the digital assets to an external wallet address by submitting a withdrawal request on the platform. Upon receipt of the withdrawal request, Binance will: (1) debit your Binance account balance; and (2) initiate an on-chain transfer to an external wallet address specified by you. Binance may not process the withdrawal request if, in our reasonable opinion, it deems that applicable law prohibits the execution of the relevant withdrawal. Binance may also suspend withdrawals for a period of time that Binance considers appropriate to resolve any incidents on the platform. Once such incidents are resolved, Binance will resume withdrawals.
12. Transactions
12.1 Entering into transactions. You may enter into transactions directly with us, or directly with other users, which we may or may not facilitate.
We do not guarantee or warrant that any transaction will be completed successfully or within a specified timeframe.
12.2. Unauthorized Transactions. You are responsible for controlling and using your Binance account. As such, we will assume that you, or an authorized user, have authorized any instructions sent from your Binance account unless otherwise notified. It is important that you monitor your account history to ensure that any unauthorized or suspicious activity on your Binance account is identified and reported to us as soon as possible. We are not responsible for any claims or losses resulting from a transaction executed as a result of unauthorized instructions unless you notify us in accordance with this clause.
12.3. Retention of Transaction Information. To facilitate compliance with global industry data retention standards, you agree to allow us (but agree not to require us to) retain a record of all transaction information for the lifetime of your Binance account for as long as necessary to fulfill its intended purposes, or for any other period as required by applicable law. Please see our Privacy Notice for more information about how we collect and use data relating to the use and performance of our Binance sites and services.
13. Material interests and conflicts
13.1. Binance Group. You understand that Binance is a member of a group of companies that are involved in activities related to digital assets.
13.2. Nature of Our Obligations. You understand and agree that neither your relationship with us, nor any Binance service we provide to you, nor any other matter, will give rise to any obligations on our part or on the part of any Binance affiliate, whether statutory, proprietary, or fiduciary in nature, except as expressly provided in these Terms. In particular, we and any Binance affiliate may from time to time act in more than one capacity, and in that capacity, we may receive fees or commissions from more than one user (including you). You agree that we may act in these capacities and provide any other Binance services or perform any business with you, on your behalf, or with any Binance affiliate or any other user.
13.3. Material Interests. You understand and agree that we and any Binance affiliate are under no obligation to: (1) consider any information known to us, or to any Binance affiliate, to be a material interest; (2) disclose any such information to you; or (3) use any such information for your benefit. You also acknowledge that from time to time we may receive publicly available market information in the course of providing Binance services to you, and we may use it in the ordinary course of our business.
13.4. Conflicts of Interest. We have established and maintain effective organizational and administrative arrangements to take all appropriate steps to identify and manage conflicts of interest between ourselves and our users and relevant third parties, in order to prevent conflicts of interest from adversely affecting our users' interests. In cases where these organizational and administrative arrangements are insufficient to guarantee the prevention of risks to your interests, we will inform you of the nature and/or sources of the relevant conflicts of interest and the steps taken to mitigate those risks, in order to enable you to make an informed decision about continuing to do business with us. We reserve the right at all times to refuse to act on your behalf when we are unable to manage a conflict of interest in any other way.
14. Transaction limits
14.1. Your transaction limits. Your Binance account may be subject to a limit on:
a. The amount or volume of transactions you may conduct in connection with your Binance account; and/or
b. The amount or value of local currency or digital assets that you can transfer to or from your Binance account.
In both cases, the limit applies for a specific period (e.g., daily). Any applicable limits will be displayed in your Binance account.
14.2. Changes to your transaction limits. We reserve the right to change any transaction limit applicable to your Binance account at any time at our sole discretion. You may also request a change to your assigned limits. Any change will be made at our sole discretion and will be subject to any other conditions we deem necessary.
15. Supported Digital Assets
15.1. Supported Digital Assets. Binance services are only available in relation to supported digital assets, which may change from time to time. A list of supported digital assets is published on our website. We may remove or suspend one or more digital assets from the list of supported digital assets, and we will make reasonable commercial efforts to notify you in advance. This means that you will no longer be able to access such digital assets as part of Binance services, and you will only be permitted to withdraw the digital assets from your Binance account. If digital assets that are no longer supported remain in your Binance account after a specified period of which you have been notified, Binance may, at its reasonable discretion, convert these digital assets into a different type of digital asset, namely a stablecoin. Binance must notify you in advance of any conversion, and you may withdraw these digital assets within a reasonable period, as specified by Binance, before they are converted into stablecoins.
We take no responsibility with respect to any attempt to use your Binance account for digital assets that we do not support, nor for conversion to a different type of digital asset, as described in this clause.
15.2. Splits. We may temporarily suspend any of Binance's services in relation to a specific digital asset while we determine whether or not to support a split. We are under no obligation to support a split of a digital asset you hold in your Binance account, regardless of whether any resulting release from such a split is a dominant digital asset. If we choose to support a split of a digital asset, we will make a public announcement through our website or any other means we deem appropriate.
You acknowledge that we have no control over, nor the ability to influence, the creation or execution of the split. We cannot provide any warranties regarding the security, functionality, or stock of any digital asset, including the new dominant digital asset or any other digital assets subject to the related split. You may not be able to trade the split digital assets on the platform, and you may lose any value associated with the related digital assets.
15.3. Backed Digital Assets. From time to time, we may back digital assets that are purportedly backed by, linked to, or associated with the value of another asset, including digital assets, local currencies, or commodities such as silver or gold (“Backed Digital Assets”). You agree that you have read, understood, and accepted all terms, conditions, and risks associated with each particular Backed Digital Asset before entering into any transaction related to the Backed Digital Asset. We have no obligation to purchase, repurchase, influence, or facilitate the redemption of your Backed Digital Assets. We reserve the right to change, suspend, or discontinue any service related to any Backed Digital Asset. We make no representation as to whether any particular Digital Asset will retain its value against any asset, nor regarding the quantity or quality of reserves or warranties held by any issuer or any third party in respect of any Backed Digital Asset.
16. Account security
16.1. Your Responsibility. You are responsible for taking appropriate measures to protect your devices and data from viruses, malware, and other inappropriate materials. Except as otherwise provided by applicable law, you are responsible for backing up and maintaining duplicate copies of any information you store or transmit through Binance services. We accept no liability for any claim or loss arising from your failure to comply with this clause.
16.2. Security Measures. At all times, you and any authorized user must maintain adequate security and control over all access IDs available to you. You are also responsible for taking the necessary security measures (or ensuring that authorized users take these measures) to protect your Binance account and keep your access ID secure, including by each of the following:
a. Strict adherence to all our mechanisms or procedures;
b. Create a strong password and maintain security and control over your access IDs;
c. Update the email account and phone number provided to us in order to receive any notifications or alerts we may send you;
d. Never allow remote access or sharing of your computer and/or computer screen with another person when logging into your Binance account;
e. Remember that under no circumstances will we ask you to share your passwords or two-factor authentication codes;
f. Log out of the website or platform at the end of each visit.
You must keep your email account and access credentials secure against any attacks and unauthorized access. You must notify us immediately if you become aware of, or have reason to suspect, that the security of your email account, or any authorized user account, has been compromised, or if there has been any unauthorized use of your email account or any authorized user account.
16.3. Monitor your account history. It is important that you monitor your account history to identify any unauthorized or suspicious activity on your Binance account and notify us as soon as possible. You acknowledge that any security breach could result in unauthorized access to your Binance account by third parties and the loss or theft of any digital assets and/or funds held in your Binance account and any linked accounts, including your linked bank accounts and credit cards.
16.4. If you suspect a security breach. If you suspect a security breach, you should check all of the following:
a. Notify us immediately using the information provided in section 3-1 and continue to provide us with accurate and up-to-date information throughout the duration of the security breach;
b. Lock your Binance account immediately through the "Deactivate Account" function on the platform or via any other method we may explain from time to time;
c. Taking any other steps we may reasonably require to minimize, manage, or report any security breach.
We reserve the right to request, and you agree to provide, any and all information and documents that we deem relevant or necessary to address an actual or suspected security breach, and we may provide such information to any third party we deem necessary to resolve any security breach.
Other important information
17. Privacy
17.1. Privacy Notice. We collect and use personal data in connection with these Terms, Binance Services, the Platform, and any website as set out in the Privacy Notice (as updated from time to time). You acknowledge that we may process personal data about you, that you have provided to us, or that we have collected from you in connection with these Terms and in accordance with the Privacy Notice. Your personal data will be processed in accordance with the Privacy Notice, which will form part of these Terms.
You acknowledge and agree to the following:
a) You acknowledge that you have read and understood our Privacy Notice.
B. Our business changes regularly, and our Privacy Notice will also change. Therefore, if from time to time we provide you with an alternative version of the Privacy Notice, you should read the Privacy Notice immediately.
18. Changes in terms, etc.
18.1. How and when we may make changes. We may make changes to these Terms and any terms and conditions incorporated by reference (including any product terms) at any time, and your acceptance of these Terms constitutes your express agreement. We will notify you of any changes by email or via our website.
We will inform you of most changes in advance and give you notice before they take effect. However, we may occasionally need to make changes without prior notice. This may include the following:
a. Making the change as a result of legal and/or regulatory changes;
b. The changes being made are in your best interest;
c. Changes that would make these terms clearer to you; and/or
d. Is there any other valid reason that means there is no time to give you notice?
When we are unable to give you advance notice, we will inform you of the change as soon as possible after it has been made.
18.2. When Changes Take Effect. Except where changes take effect immediately, the updated Terms will take effect after we notify you. If you do not wish to accept the changes, you are free to close your Binance account in accordance with Section 19.1 of these Terms. If we do not receive any notification from you, we will assume that you have accepted the change, and your continued access to or use of Binance services will be considered acceptance of the updated Terms.
18.3. Changes to Fees. We may also make changes to the fees set out on the Fees Structure page of our website, which may include new fees and/or charges. If you do not wish to accept these changes, you are free to close your Binance account in accordance with clause 19.1 of these Terms. If we do not receive a response from you, we will assume that you have accepted the change, and your continued access to or use of Binance services will be considered acceptance of the updated Terms.
19. Close your Binance account
19.1. Your Right to Close Your Binance Account. You may close your Binance account at any time by following the account closure procedures as outlined by us from time to time. You will not be charged for closing your Binance account, although you may be required to pay any outstanding amounts to us. You authorize us to cancel or suspend any pending transactions at the time of cancellation and to deduct any outstanding amounts owed to us from your Binance account.
In some cases, you may not be able to close your Binance account, including any of the following:
a. When you try to evade investigation by the competent authorities;
b. Or when you have a pending transaction or open claim;
c. Or when your Binance account contains any amounts owed to us;
d. Or when your Binance account is frozen, suspended, restricted or detained.
19.2. What happens when your Binance account is closed? If your Binance account is closed, you will be required to withdraw all digital assets held in your Binance account. If you do not withdraw your digital assets, or if you do not access your Binance account for 90 consecutive days, we will notify you that we intend to treat your account as inactive.
19.3. What happens when your account becomes inactive? If you do not respond to the notice in section 19.2 within 30 days, we may take the following actions:
a. Mark your Binance account as inactive;
b. Converting digital assets into a different type of digital asset. In doing so, we will not be liable for any loss of profits, tax liabilities, or any other loss, damage, or expense incurred as a result of such conversion;
c. We may transfer such an inactive account and/or any digital assets held in that account to any third party (including, but not limited to, another Binance affiliate, any third-party custodian, or an isolated wallet) if we deem it reasonably necessary to do so. If this occurs, you have the right to recover your digital assets, subject to meeting our (or the relevant third party's) reasonable verification requirements and any other applicable terms or conditions.
d. Modify your inactive account so that you receive a contractual claim regarding the quantity and type of digital assets that were held in your Binance account before being converted to an inactive account;
e. Imposing an inactive account fee, which may be to cover the cost of maintaining digital assets with any Binance affiliate or third party, with this fee being deducted directly from the inactive account on a monthly basis;
f. Closing an inactive account at any time.
After closing an inactive account, it cannot be reactivated, and you will need to register a new Binance account, in accordance with these terms, if you wish to continue using Binance services. You acknowledge that we will not be obligated to pay any bonus, incentive, or interest that we may have agreed to pay, under the applicable product terms, to your inactive account in connection with the digital assets added to it.
20. Termination, Suspension, Reservation, and Restrictions
20.1. Our Right. We may at any time modify or discontinue, temporarily or permanently, any part or feature of the Binance Services. In particular, we may: (1) refuse to complete, block, cancel, or, where permitted by applicable law, revoke any transaction you have authorized; (2) terminate, suspend, or restrict your access to any or all of the Binance Services; (3) terminate, suspend, close, suspend, or restrict your access to any or all of your Binance accounts; (4) refuse to transmit information or instructions to third parties (including, but not limited to, third-party wallet operators); or (5) take any action we deem necessary, in each case with immediate effect, or all of the foregoing together and for any reason, including but not limited to when:
a. You are not eligible or are no longer eligible to use one or more of Binance's services;
b. We reasonably suspect that:
i. The person who logged into your Binance account is not you, or we suspect that your Binance account has been or will be used for any illegal, fraudulent, or unauthorized purposes;
ii. The person who logged into your Binance Business account is not an authorized user, or we suspect that the Binance Business account has been or will be used for any illegal, fraudulent, or unauthorized purposes;
iii. More than one natural person has access to a Binance account, and/or more than one person is conducting transactions using the same Binance account, or we suspect that a Binance account has been or will be used for any illegal, fraudulent or unauthorized purposes;
iv. The information you provided is false, untrue, outdated, or incomplete;
c. We have reasonable concerns regarding your creditworthiness or financial situation, including:
i. If you are an individual, you are exposed to bankruptcy, or to an unhealthy situation, or an act of bankruptcy is committed against you, or action is taken against you to declare your bankruptcy;
ii. If you are acting on behalf of a partnership, and any of the partners dies, becomes bankrupt or mentally unsound, commits an act of bankruptcy, or you have proceedings to put any of the partners in bankruptcy, or if proceedings are initiated to dissolve and/or change the partners or the partnership constitutions;
iii. If you are acting on behalf of a company, and the company is unable to pay its debts when due, or proceedings have been initiated to place the company in insolvency, judicial administration, receivership, administration, or any similar or comparable proceedings;
iv. You hold a meeting of your creditors or propose or offer any compromise or arrangement with or any concession in favor of your creditors;
d. Pending the submission of this information and documents in accordance with item 8;
e. Pending the submission of enhanced due diligence in accordance with clause 7-4;
f. We reasonably believe that we are required to do so under applicable law, or any court or authority to which we are subject in any jurisdiction;
g. We have identified or suspect that:
i. Your violation of these terms or any product terms;
ii. That you have breached any express or implied warranties in these terms, or any representations you have made;
iii. Any unauthorized, erroneous, fraudulent, or illegal transaction, or we determine or suspect that your Binance account or Binance services are being used in a fraudulent, unauthorized, or illegal manner;
iv. There is any case of money laundering, terrorist financing, fraud or any other crime in connection with your Binance account or your use of Binance services;
h. Your use of your Binance account is subject to any pending, ongoing or threatened legal action, investigation, judicial, governmental or regulatory proceedings, and/or we recognize an increased risk of legal or regulatory non-compliance associated with your Binance account activity;
i. You owe Binance amounts that have not been paid, whether due to refunds or on any other basis;
j. Any email communication sent to your email account will be returned as undeliverable;
k. A problem arose while verifying your identity;
l. You have taken any action that may circumvent our controls, such as opening multiple Binance accounts without our written consent or misusing promotional offers that we may provide from time to time; or
m. Is there any other good reason that means we need to do this?
We will take reasonable steps to provide you with appropriate notice. However, there may be times when we are required by applicable law not to do so.
20.2. Your acknowledgment. You acknowledge and agree to the following:
a. The examples in section 20-1 above in which we may take action to terminate, suspend, close or restrict your access to your Binance account and/or Binance services represent a non-exhaustive list;
b. Our decision to take certain actions, including but not limited to terminating, suspending, or restricting your access to your Binance account or Binance services, may be based on confidential risk management criteria and our security protocols. You agree that we are not obligated to disclose details of our risk management and security procedures to you.
20.3. What happens when we exercise our right? When we terminate, suspend, retain, or restrict your access to one or more Binance services:
a. If you have any instructions, deals, trades or transactions open, they may be closed by you or by us, depending on the circumstances of termination, suspension, retention, restriction or any other action we take;
b. Any refund of amounts resulting from the use of your Binance account or Binance services may result in the immediate suspension and/or restriction of your Binance account and Binance services;
c. To reactivate a suspended and/or restricted Binance account or Binance services, you may be required to reimburse us for the full value of the refund paid, including any amounts owed to us, including any applicable fees;
d. You are responsible for any amounts restricted in the event of a refund, and you authorize and give us the right to deduct costs and fees directly from any assets in your Binance account without notice.
20.4. Unlawful Possession. If we become aware of and reasonably believe that any digital assets or fiat currencies held in your Binance account have been stolen or that you do not legally possess them (whether by mistake or otherwise), we may, but have no obligation to, suspend the affected funds and your Binance account. When we place a hold on some or all of the digital assets or fiat currencies held in your Binance account, or in your entire Binance account, we may continue this hold until we have sufficient evidence to establish that you have the right to possess the digital assets and/or fiat currencies held in your Binance account. We will not be involved in any dispute, or dispute resolution, relating to any digital assets and/or fiat currencies held in your Binance account.
20.5. Accessing Binance Services in Other Jurisdictions. Residents of certain countries may only have access to some, but not all, Binance services. We may change the Binance services available to you from time to time. If you travel to a location listed on our Restricted Countries List, Binance services may not be available, and your access to Binance services may be blocked. You acknowledge that this may affect your ability to trade on the platform and/or monitor any existing orders or open positions, or otherwise use Binance services. You must not attempt in any way to circumvent any such restrictions, including using any virtual private network to change your IP address.
intellectual property
21. Basic information about intellectual property
Binance's intellectual property must remain the property of Binance.
22. Binance Intellectual Property License
We grant you a non-exclusive license for the duration of these Terms, or until we suspend or terminate your access to Binance Services, whichever is sooner, to use Binance's intellectual property, excluding trademarks, only as necessary to allow you to receive Binance Services for personal or internal non-commercial business use, in accordance with these Terms.
23. Intellectual Property for User License
23-1. You grant us a license. You grant us a worldwide, perpetual, non-exclusive, irrevocable, royalty-free license to use the User's intellectual property rights to the extent that:
a. It forms part of any intellectual property created or necessary for its use;
b. This is necessary to allow us to provide you with Binance services from time to time.
23-2. Our right to sublicense. The license granted by you under this clause includes our right to sublicense to a third party to the extent necessary to enable us and any of Binance's affiliates to provide you with Binance services or any part thereof.
24. Intellectual property that was created
24-1 Established Intellectual Property. We shall be granted intellectual property rights that are automatically created from time to time on the date of their creation.
24-2 Assignment. By this assignment, you assign to us (and agree to indemnify any appointed agents, representatives, or contractors), with full title and ownership of all current and future rights and benefits in the created intellectual property rights.
If you are asked to do so, you must (and agree to ensure that any agents, representatives, or contractors do so), at no cost to us, sign and/or edit all documentation and perform all actions that we may require to carry out the tasks set out under this clause.
25. Year
25-1 We are not responsible. You agree and acknowledge that: (1) we are not responsible for any User Material (whether provided by you or by third parties) that may be available on the Platform or Sites; and (2) your use of any such User Material is at your own risk and we make no warranties regarding such Material.
25-2 Our Rights. We have the right, at our sole discretion, to remove, edit, or reject any content you submit, post, or display on the Platform or Sites (including any User Material) for any reason. We reserve the right to take any action we deem appropriate at our sole discretion, including issuing you a written warning, removing any User Material, recovering damages or other monetary compensation from you, suspending or terminating your Binance account (if any), or suspending your access to the Platform and/or Sites. We also have the right to restrict or block you from any and all future use of any Binance services.
25.3 Recording. You agree that we may record any communications, whether electronic, telephone, video call, or otherwise, that we have with you in connection with these Terms, and that any recordings we retain will constitute evidence of the communications between you and us. You agree that telephone conversations and video calls may be recorded so that we can respond to inquiries, ensure compliance with applicable laws, improve our services, and provide customer support.
Your obligations and responsibilities
26. Prohibited Use
By opening a Binance account, and without prejudice to any other restrictions or limitations set forth in these terms, you agree that you and any authorized user will not:
a. Breach of these Terms or any agreement entered into pursuant to or in connection with these Terms, including, but not limited to, any Product Terms;
b. Using Binance services in a manner that violates the public interest, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prevent other users from using Binance services;
c. Using Binance services for resale or business purposes, including transactions on behalf of other persons or entities, unless we expressly consent to this in writing;
d. Using Binance's services for any purpose, in Binance's sole opinion, is an act designed to artificially control or influence the price of any digital asset (market manipulation), including but not limited to price inflation tricks for quick selling, money laundering trades, autotrading, insider trading, bid insertion to inflate prices, impersonation or obfuscation and camouflage) regardless of whether prohibited under applicable law;
e. Engaging in fraudulent activities, or raising our suspicions that you or any authorized user may have engaged in fraudulent activities and/or transactions;
f. Using Binance services to conduct lotteries; or bid fee auctions; or sports predictions or placing betting odds; or fantasy sports tournaments with cash prizes; or online games; or competitions; or sweepstakes; or games of chance;
g. (1) Receiving or attempting to receive funds from us and another user for the same transaction during a claim; (2) Conducting your business or using Binance services in a manner that results in, or may result in, complaints, disputes, claims, cancellations, refunds, fees, fines, penalties, or any other liability to you, other users, third parties, or yourself; and (3) Allowing your Binance account to access a negative balance or amount of digital assets;
h. Providing false, inaccurate, or misleading information regarding your use of Binance services, communications with us, or other matters related to these Terms;
i. You shall not: (1) use any deep links, web crawlers, bots, spiders, hardware, software, scripts, algorithms, other automated methods, or any similar or equivalent manual operations to access, obtain, copy, monitor, replicate, bypass the navigation structure, or offer Binance Services in any way, in order to obtain or attempt to obtain any materials, documents, or information in any manner not knowingly provided through Binance Services; (2) attempt to access any part or function of the Platform without authorization, or connect to Binance Services or any of our servers or any other systems or networks of any of Binance Services provided through the Platform by hacking, password mining, or any other unlawful or prohibited means; (3) Scanning, examining, or testing for vulnerabilities in Binance Services or any network connected to the platform, or violating any security or authentication procedures of Binance Services or any network connected to Binance Services; (4) Reverse searching for, tracking, or attempting to track any information of any other users or visitors of Binance Services; (5) Taking any actions that impose an unreasonable or disproportionately large load on the infrastructure of the systems or networks of Binance Services or Binance, or the infrastructure of any systems or networks connected to Binance Services; (6) Using any hardware, software, or routine programs to interfere with the normal operation of Binance Services or any transactions on Binance Services or any other person’s use of Binance Services; (7) Forging addresses, impersonating, or otherwise manipulating identification to conceal your identity or the source of any messages or transmissions you send to us.
j. Modifying or adapting the platform in whole or in part, or including or integrating the platform into another program or application;
k. Disassembling, decompiling, reverse engineering, or attempting to derive the source code or the underlying concepts of the object code, the ideas and algorithms of the platform or any of its components;
l. Modify, emulate, duplicate, copy, download, store, broadcast, disseminate, transfer, disassemble, transmit, publish, remove, alter, change, or modify any copyright statement or designation, license, sublicense, sell, reverse engineer, lease, rent, private label, or grant security rights in Binance's intellectual property or any part thereof, create derivative works thereof, or take advantage of any part of Binance's intellectual property.
m. Facilitating any viruses, Trojan horses, worms, or other computer programming actions that may damage, maliciously interfere with, surreptitiously intercept, or expropriate any system, data, or information related to Binance services;
n. (1) Using an anonymous proxy; (2) Using any temporary, disposable, self-destructing, or similar email address when opening a Binance account and/or using Binance services; (3) Using any device, software, or procedure to bypass our bot exclusion addresses, or to interfere or attempt to interfere with our Binance sites or services; and (4) Taking any action that may cause the loss of any services from our internet service providers or other vendors;
o. Creating, or attempting to create, any security in your approved local currency or your digital assets held in any of your Binance accounts without our prior written consent;
p. Violation, or attempted violation, of (1) any applicable law; or (2) copyright, patent, trademark, trade secret, or any other intellectual property, publicity or privacy rights of Binance or any third party;
q. Accessing, using, attempting to access or use Binance services directly or indirectly with (1) jurisdictions that Binance considers high risk, including but not limited to, Cuba, Iran, North Korea, or Syria, or (2) persons that Binance considers to be at high risk, including but not limited to, individuals or entities listed as a blocked person or party on any list maintained by the United States of America, the United Kingdom, the European Union, or the United Nations, including sanctions lists maintained by the United States Office of Foreign Assets Control or the Blocked Persons List or Blocked Entities List maintained by the U.S. Department of Commerce.
27. Declarations and Guarantees
You acknowledge and warrant to us, at all times, that:
a. All documents and information you provide to us are true, accurate, complete and up-to-date in all respects, and can be relied upon by us in determining whether you are eligible to access the platform or use Binance services or not;
b. All decisions made in relation to these terms are based solely and exclusively on your own discretion and after your independent assessment of your financial resources, ability and willingness to bear the relevant risks and financial objectives;
c. You have the full authority, power, and ability to (1) access and use the Binance Platform and/or Services; and (2) enter into, render, and perform your obligations under these Terms and any agreement entered into pursuant to or in connection with these Terms, including, but not limited to, any Product Terms;
d. If you are a company, a partner in a partnership, or a trustee:
i. The company, partnership, or trust will be operated in a manner consistent with applicable law and any partnership or trust bonds (or other similar documents);
ii. You will notify us immediately if there is any change, by resignation, removal, appointment or death, of any of the directors, partners, trustees, administrators, ultimate beneficial owners or any person authorized to operate your Binance account;
iii. You will inform us immediately if the company, partnership, or trust is dissolved, whether voluntarily or involuntarily;
e. All third-party approvals, authorizations, licenses, consents, and agreements, and all mandates, consents, authorizations, consents, registrations, declarations, and filings with any regulatory authority, government department, commission, agency, or other organization that has jurisdiction over you and which is necessary or desirable for you to obtain in order to (1) access and use the Binance Platform and/or Services; and (2) enter into, deliver, and execute the transactions provided for in these Terms and any agreement made pursuant to these Terms, obtained in writing unconditionally, disclosed to us in writing, and not withdrawn or modified;
f. Breach of these Terms and any agreement entered into pursuant to or in connection with these Terms constitutes valid, legally binding and enforceable obligations against you under its own terms;
g. That you are not a banned person;
h. If you are a legal entity, you are duly registered, properly regulated, and in good standing under the laws of your jurisdiction, and you have full authority to conduct your business. If you are an individual, you must be at least 18 years old;
i. Your access to and use of the Binance Platform and/or Services; and your entering into, submitting, and performing your obligations under these Terms and any agreement entered into pursuant to or in connection with these Terms, shall not:
i. If you are a legal entity, a partner in a partnership, or a trustee, it results in a breach or conflict with any provision of the Constitution, Articles of Association, Partnership Agreement, Trust Deed, or similar founding documents;
ii. Causes a breach, or constitutes a violation under, any instrument, agreement, document or undertaking to which you are a party or bound or to which your property is subject;
iii. It results in you, or us or any third party, violating any applicable law, decree or judgment of any court, or any judgment of any arbitrator or of any governmental or regulatory authority in any jurisdiction.
28. Technology Disclaimer
28.1. No Representation or Warranty. Binance services and any information provided on the Sites and Platform, including chat services, are provided "as is" and "as available," without any representation or warranty, either express or implied, to the maximum extent permitted by applicable law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. We make no representations or warranties that access to the Sites, the Platform, any of your Binance accounts, Binance services, or any of the materials contained therein will be continuous, uninterrupted, timely, or error-free. This may result in the inability to trade on the Platform for a period of time and may also result in time delays.
28.2. Access Suspension. From time to time, Binance may suspend access to Binance Accounts, Binance Services, or both, for scheduled and emergency maintenance purposes. We will make reasonable efforts to ensure that transactions on the platform are processed in a timely manner, but we make no representations or warranties regarding the time required to complete processing, as this depends on several factors beyond our control.
28.3. Content. Although we make reasonable efforts to keep the information on the Sites and the Platform up to date, we make no representations or warranties, either express or implied, that the content on the Sites and the Platform, including information relating to Binance services, is accurate, complete, or up to date.
28.4. Third-Party Websites. Links to third-party websites (including, but not limited to, the content, materials, and/or information on third-party websites) may be provided for convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the content, materials, information, or services contained on any third-party websites accessed or linked to from the Platform or those websites.
28.5. Network Access and Compatibility: You are responsible for accessing the network data necessary to use Binance Services. You are also responsible for obtaining and updating compatible devices or tools to access and use Binance Services, as well as the platform and any related updates. Binance does not guarantee that Binance Services or any related part will function on any device or tool. Binance Services may be subject to malfunctions or delays inherent in the use of the internet and electronic communications.
29. Compensation
29.1. Third-Party Claims. You must indemnify and hold us harmless from and against any claims, actions, proceedings, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect, or consequential losses, loss of profits, or loss of goodwill), costs, and expenses, including but not limited to all interest, penalties, legal fees, and other reasonable attorneys' fees and other related costs and expenses ("Losses"), arising out of or in any way connected with the following:
a. Your access to or use of your Binance account and/or Binance services;
b. Your actual or alleged breach of these Terms or your violation of any other clause or sub-clause of these Terms, including any Product Terms and any other terms and conditions incorporated by reference;
c. Your violation of any applicable law;
d. Your violation of the rights of any third party.
29.2. Control. We reserve the right to assume the defense of any claims from third parties subject to indemnification by you, in which case you must cooperate fully with us as required in asserting any available defenses. You will not settle any claims or losses without our prior written consent.
29.3. Release. You hereby agree to release us from any and all claims and demands (and waive any rights you may have against us in connection with any losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute you have with any other user or other third party in connection with Binance Services (including any digital asset transactions) or the subject matter of these Terms.
30. Responsibilities
30.1 Our Liability. Our liability and that of Binance affiliates to you or any third party, under any circumstances, shall be limited to the actual amount of loss or damage directly and reasonably foreseeable as a result of our breach of these Terms and shall not exceed the amount of fees you paid to Binance in the 12 months preceding the event that caused the loss. We will pay you this amount in full and final settlement to satisfy our and any Binance affiliate's liability for all losses and claims, however they arise, from the relevant breach. You acknowledge and agree that neither Binance nor any Binance affiliate is aware of any special circumstances relating to you, that indemnification is a just remedy, and that you are not entitled to any other claims or remedies under law or the rules of absolute equity, including, but not limited to, any claim in rem, injunction, and/or specific performance.
30-2 Limitation of Liability. Notwithstanding any other provision in these Terms, neither we nor any Binance affiliate shall be liable to you or any other person or entity for the following:
a. Any direct or indirect losses (including loss of profits, business or opportunities), damages or costs arising out of or in connection with these terms, including but not limited to:
i. Any hazards mentioned in Hazard Warning, as updated from time to time;
ii. The operation, functionality, security, or availability of the protocols underlying any digital asset;
iii. If the backed digital assets retain their value against any asset, or if the issuer of the backed digital asset maintains sufficient reserves with respect to any backed digital asset;
iv. Any action or omission in accordance with these terms;
v. Any inaccuracy, defect, or omission of digital asset price data, any error or delay in transmitting such data, and any interruption in any of such data;
vi. Regular or unscheduled maintenance that we perform, including any service interruptions and changes resulting from such maintenance;
vii. Stealing a device that has access to and uses Binance services;
viii. The actions, omissions, or violations of these terms by other users, and any damages resulting from the actions of any other third party;
ix. (1) Any damage or interruption caused by any computer viruses, spyware, or other malicious software that may affect your computer or any other equipment, or any phishing, fraud, or other attack; (2) In the event that your device malfunctions, is damaged, or is destroyed, or any records or data stored on your device are corrupted or lost for any reason; or (3) In your use of the Internet to connect to Binance services, or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related problems, security breaches, or any similar technical problems or defects you experience;
x. Our decision to reject your request to open a Binance account(s), in accordance with paragraph 7.1;
xi. Any termination, suspension, freeze, or restriction of access to any Binance account or Binance services, including your inability to withdraw digital assets, issue instructions, or enter into transactions during the period of any suspension, freeze, or restriction, in accordance with these Terms or any product terms;
xii. Any transaction limits applied to your Binance account, in accordance with paragraph 14.1;
xiii. Any choice on our part to support or not support digital assets, in accordance with paragraph 15.1;
xiv. Our inability to contact you using the contact information you provided, in accordance with paragraph 3.2;
xv. We are closing an inactive account, in accordance with paragraph 19.3;
xvi. A transaction could not be executed or the time period required to complete any transaction was too long, in accordance with paragraph 12.1;
xvii. Market-making activities of market makers, in accordance with paragraph 13.2;
xviii. We rely on any instructions sent from your Binance account, or email accounts;
xix. We refused or delayed acting on any instructions, in accordance with paragraph 11.1;
xx. Any breach of the security of the Break email account or any security breach;
xxi. Losses incurred by you due to third-party fraud or scams involving Binance only as the recipient of your local currency or digital assets, and/or conversion of local currency to digital assets, and/or transfer of digital assets away from our platform at your request;
xxii. Any losses arising from or relating to new offerings of digital assets or initial coin offerings (ICOs) or the decision to list or not list digital assets on the platform;
xxiii. Binance Services is not responsible for the accuracy, quality, security, completeness, reliability, performance, timeliness, pricing, or continuity of Binance Services, or for any delay or omission of Binance Services, or for any failure of any communication or connection service to provide or maintain your access to Binance Services, or for any interruption or disruption of your access or any erroneous communications between us, regardless of the cause;
xxiv. Any transactions, instructions, or operations that you execute or are alleged to have executed via your email account or Binance account;
b. Any loss of business, profits, savings or anticipated opportunities, or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of or in connection with our sites, the platform, your Binance account, Binance services, these Terms and Conditions, the Product Terms and Conditions, the Privacy Notice, and/or any agreement entered into under or in connection with these Terms or otherwise;
c. Any losses that form part of a claim not initiated by formal legal proceedings within one calendar year of the matters giving rise to the claim. You agree and acknowledge that this clause differs from any other applicable limitation period under law, and that if applicable law prohibits it, this clause shall be read as a limitation period for the minimum enforceability period. Without prejudice to the generality of the foregoing, we also draw your attention to clause 32, which agrees to resolve claims exclusively by binding arbitration.
30.3 Damage or Interruption. We are not responsible for any damage or interruption caused by any computer viruses, spyware, malware, Trojan horses, worms, or other malicious software that may affect your computer or other equipment, or by any phishing, impersonation, or other attack. We advise you to regularly use reputable and readily available antivirus and anti-malware software. Also, be aware that SMS and email services are vulnerable to phishing and impersonation attacks, and you should exercise caution when reviewing messages that claim to be from us. You and, where applicable, authorized users are responsible for all personal login information, including usernames and passwords, and security data must be maintained at all times.
Dispute Resolution: Forum, Arbitration, and Class Action Waiver
For the avoidance of doubt, nothing in this section will deprive you of any mandatory legal right to which you may benefit under applicable laws.
31. Notice period for claims and dispute resolution
31.1. Please contact Binance first if you have any issues with the services. Binance would like to resolve your issues without resorting to formal legal proceedings, if possible. If your issue cannot be resolved to your satisfaction the first time, you will be assigned a ticket number. Issuance of a ticket number initiates internal dispute resolution procedures. Binance will attempt to resolve your dispute internally as quickly as possible. Both parties agree to negotiate in good faith to resolve the dispute (discussions must remain confidential and are subject to applicable rules that protect settlement discussions from being used as evidence in any legal proceedings).
31.2. If the dispute cannot be resolved satisfactorily, and you wish to file a claim against Binance, you agree to specify the basis of that claim in writing in a "Claims Notice," as a form of advance notice to Binance. The Claim Notice must (1) describe the nature and basis of the claim or dispute, (2) specify the exact compensation sought, (3) provide the original ticket number, and (4) include your account email address. The Claim Notice must be submitted via the following link: https://www.binance.com/en/chat. After the Claim Notice is submitted to Binance, the dispute referred to in the Claim Notice may be submitted to arbitration by either Binance or you in accordance with the paragraph below (Arbitration Agreement).
31.3. To avoid any doubt, submitting the dispute to Binance for internal settlement and delivering the claim notice to Binance are prerequisites for initiating arbitration proceedings (or any other legal action).
31.4. During the arbitration, the amount of any settlement offer made by you or Binance to the arbitrator will not be disclosed.
32. Arbitration Agreement
32.1. Notwithstanding whether applicable law requires or provides you with an option otherwise, you and Binance agree that, subject to the preceding paragraph above (Claims Notice and Dispute Resolution Period), any claim shall be decided by final and binding individual (not class) arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Rules in force at the time of arbitration, such rules being incorporated by reference in this clause.
32.2. The seat of arbitration will be Hong Kong.
32.3. The tribunal shall consist of one (1) arbitrator appointed in accordance with the HKIAC rules in force at the time of the arbitration.
32.4. The language of arbitration will be English.
32.5. You and Binance also agree that the arbitrator has the exclusive power to rule in his jurisdiction, including but not limited to any objections regarding the existence, scope, or validity of the arbitration agreement, or the arbitrability of any claim.
32.6. The arbitration provisions set forth in this clause shall remain in force after these terms are cancelled.
32.7. Statute of Limitations for Filing a Claim: Any arbitration against Binance must be initiated by completing and filing a Notice of Arbitration in accordance with the HKIAC Rules within one (1) year from the date on which the user submitting the claim first discovered, or reasonably should have discovered, the alleged act, omission, or breach giving rise to the claim (“Statute of Limitations”). For the avoidance of doubt, the statute of limitations will include the dispute resolution period provided for in Clause 31.1. There will be no right to any resolution or compensation for any claim by the user if the Notice of Arbitration relating to that claim is not completed and filed with Binance within this statute of limitations. If the statute of limitations is contrary to applicable law, the user will be required to file any claim against Binance in the shortest period of time permitted by applicable law. The Notice of Arbitration may be filed with Binance in accordance with applicable laws and the Rules of Service.
32.8. Note: If Binance initiates arbitration against you, Binance will send you a notice to the email address or postal address you provided. You agree that any notice sent to this email address or postal address will be effective for all purposes, including but not limited to determining the adequacy of the service. You agree to ensure that your email address registered with Binance is correct and up to date.
33. Secrecy
33.1. The parties agree that the arbitration shall remain confidential. The arbitration proceedings, their existence or the content of the claim, all documents and information submitted or exchanged in connection with the arbitration, and any offers, requests, or decisions made in the arbitration shall be kept confidential. Neither party may disclose any of the foregoing to any third party except the tribunal, HKIAC, the parties, their counsel, experts, witnesses, accountants, auditors, insurance and reinsurance companies, and any other persons necessary for the conduct of the arbitration. Notwithstanding the foregoing, either party may disclose such confidential information:
a. If written consent is obtained from the other party;
b. To the extent required by applicable law or the regulations of any regulatory or supervisory authority with competent jurisdiction to which the party is or may become subject, or pursuant to any order of a court or other competent authority or tribunal with jurisdiction;
c. Any matter relating to the initiation, pursuit, or defense by any party of any good faith legal proceedings to enforce or challenge any award rendered in arbitration;
d. To the extent that relevant confidential information is in the public domain other than in breach of this agreement.
The confidentiality requirement in this clause shall remain in effect after these terms are cancelled and any arbitration conducted pursuant to these terms is concluded or discontinued.
34. The governing law.
Except where applicable law requires or provides you with an option otherwise, these terms (including this arbitration agreement) are governed by and construed in accordance with the laws of Hong Kong.
35. Waiver of class action
You and Binance agree that any claims against Binance in arbitration must be brought on an individual basis only and not as a plaintiff, class member in a purported class action, or representative action. You also agree to waive any right to bring, hear, or arbitrate such claims as a class action, representative action, or special action of the plaintiff, to the extent permitted by applicable law. The combination or consolidation of individual arbitrations into a single arbitration is not permitted without Binance's consent.
general
36. General Conditions
36.1. Applicable Law. You and any authorized user must comply with all applicable laws, licensing requirements and third-party rights (including data privacy, anti-money laundering and counter-terrorism financing laws) in your use of Binance Services, your Binance account and the platform.
36.2. Notifications. We may send notifications via email to your email account. It is your responsibility to ensure that your email account is up-to-date and accurate. Notifications may be served, and deemed received, if sent to your email account, whether or not a delivery failure notification is received.
You may only send us notifications as per our guidelines, which may change from time to time.
Any notices, consents, or other communications made under these terms must be in English and signed or authorized by the party making them.
36.3. Announcements. All official announcements, news, promotions, contests, and freebies will be posted on the website. These announcements are important and may relate to issues that could affect the value or security of your digital assets. You are responsible for monitoring the website and reading and considering these announcements.
36.4. Entire Agreement. These Terms, together with any applicable Product Terms, constitute the entire agreement between you and us regarding Binance Services. Each party acknowledges that it has not relied on, and will have no right or remedy in respect of, any statement, representation, warranty, or guarantee (whether made negligently or innocently) other than that expressly provided in these Terms or any of the Product Terms.
36.5. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. However, we may assign or transfer any of our rights or obligations under these Terms at any time to any other person, including, but not limited to, in connection with any merger, acquisition, or other reorganization of companies involving Binance.
36.6. Nullity. If any provision or sub-provision of these Terms becomes, at any time, illegal, void, or unenforceable in any way, the validity, enforceability, or enforceability of the remaining provisions or sub-provisions shall not be affected or impaired in any way.
36.7. Records. You agree that we may record any telephone conversations, emails, or chats with you, as well as any other forms of communication, including communications used to give instructions or execute transactions, between you and us, and that these recordings may be used as evidence in any proceedings relating to any agreement with you. Ownership of these records shall be ours alone.
36.8. Language. These terms may be translated into a language other than English. Any such translation is provided solely for your convenience. In case of inconsistency or ambiguity, the English text shall prevail.
36.9. Third-Party Rights. Except as relating to Binance Affiliates (“Binance”), nothing express or implied in these Terms shall be construed as granting any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or in connection with these Terms or any clause or sub-clause thereof. These Terms and all their clauses and sub-clauses are for the sole and exclusive benefit of the parties to these Terms and their respective successors and authorized assigns.
36.10. Survival and Continuity. All clauses and sub-clauses of these Terms, which by their nature extend beyond the termination or expiry of these Terms, shall survive and be in full force and effect after the termination or expiry of these Terms.
36.11. Relationship between the parties. Binance is not your agent in the performance of these Terms. These Terms shall not be construed as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
36.12. Digital Assets. We record in your Binance account the quantity and type of any digital assets held in your balance. Binance cannot be considered a custodian or have any custodian duties with respect to any digital assets held in your balance. When you instruct Binance to transfer or otherwise handle digital assets, Binance will not use any specific digital assets, however identifiable, to act on your instructions. Subject to these Terms, Binance will use the same quantity and type of digital assets deposited in your Binance account when acting on your instructions.
36.13. Force Majeure. We shall not be liable for any delay or failure to perform our obligations as required under these Terms to the extent that the delay or failure is caused by a force majeure event.
36.14. No Waiver. Any delay or omission on our part in exercising any right or remedy under these Terms shall not be construed as a waiver of the future exercise of such right or remedy, or any other rights or remedies under these Terms. The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights or remedies provided by applicable law.
36.15. Settlement. In addition to any statutory or other remedy available under these Terms or by law, we may settle any amounts you owe us under these Terms or otherwise. You must pay us all amounts you owe us free of charge without any offsetting, counterclaim, deduction, or withholding of any kind, except as may be required by applicable law.
36.16. Privacy of Others. If you receive information about another user through the Platform or from the use of Binance Services, you must keep that information confidential and use it only in connection with Binance Services and always in accordance with applicable law. You may not disclose or distribute any user information to any third party or use the information in any way other than is reasonably necessary to execute the transaction.
36.17. Publicizing Breaches. When these Terms are breached, Binance may publish details of the breach or provide them to its users, including any information you have provided to it. Binance may only do so when it determines that doing so is necessary to protect other users and is consistent with applicable law.
36.18. Death of the Binance Account Holder. In the event of your death or incapacity, your estate representative, heir, or heirs must provide us with written notification as soon as practically possible. If we have reason to believe you have passed away, we may suspend your Binance account. The account will be suspended until the following occurs:
a. The estate representative or authorized beneficiary shall either (1) create a Binance account in accordance with these terms; or (2) provide bank transfer instructions;
b. Sufficient legal documentation is provided stating that he is entitled to receive assets in your Binance account;
c. Satisfactory proof that you are not deceased must be provided.
Beneficiaries receiving an electronic transfer will receive the net value of the assets in their Binance account, less any associated transfer fees and charges. Our ability to provide your representatives with the assets held in your Binance account is subject to applicable law and these terms. We do not commit to any specific timeline for transferring held assets to your Binance account balance.
36.19. Taxes. It is your responsibility to determine which taxes, if any, apply to payments you make or receive, and to collect, report, and remit the correct taxes to the appropriate tax authority. You agree that we are not responsible for determining whether any taxes apply to your use of Binance Services, or for collecting, reporting, or remitting any taxes arising from any transaction or use of Binance Services.
You acknowledge that we may submit certain reports to the tax authorities regarding transactions conducted on the platform, and that we may, at our sole discretion or as required by applicable law, provide you with any additional documentation or records you require to calculate any tax liabilities. We may also withhold and deduct any taxes due under applicable law at our sole discretion.
37. Definitions and Explanations
Under these conditions:
a. The headings and numbering of clauses are provided for convenience only and do not affect the meaning, priority, or interpretation of any clause or sub-clause of these terms;
b. The phrases “include” or “including” mean including, but not limited to, and including, but not limited to, respectively;
c. Any undertaking to do something or not to do something is deemed to include an undertaking not to permit or suffer from doing that thing or doing it;
d. Words that import singular include plural and vice versa, while words that import gender include any gender;
e. Any reference to a document is that document in its modified, varied, or newly created form from time to time, other than in violation of these Terms or that document; and
f. In the event of any inconsistency between these terms (including any documents referenced in these terms), the inconsistency shall be resolved by giving these terms and documents the following order of precedence:
i. Product terms;
ii. Privacy Notice; and
iii. These conditions.
g. Unless the context requires otherwise, the following terms shall have the following meanings:
Access IDs mean your Binance account details, username, passwords, PINs, API keys, API secret keys, or any other tokens or forms of authentication that you use to access your Binance account or Binance services or to send instructions.
Account record means the written record (including electronic records) of your transactions and account with Binance.
API stands for Application Programming Interface.
Applicable law means all applicable and relevant legislation and laws (including common law rules), principles of equity, rules, regulations, principles, regulatory requirements, notices, orders, memoranda, court orders, judgments, internal regulations, rulings, directives, announcements, circulars, mandatory codes of conduct, guidelines, memoranda of practice, and interpretations (whether issued by a governmental body, regulatory authority, other authority, or a self-regulatory organization of which Binance is a member), that apply to the offering, receipt, or use of Binance services or any other products or results offered, used, or received in connection with these Terms or any Product Terms.
Supported digital assets carry the meaning given to them in clause 15-3.
Binance, or we, or our, or our refers to Nest Services Limited (a company incorporated under the laws of the Republic of Seychelles with registration number 238045 and whose address is House of Francis, Room 303, Ile Du Port, Mahe, Seychelles).
A Binance account means any account (including Binance Business accounts) or sub-accounts (including any Binance sub-account) that Binance opens for you to record your use of Binance services.
Binance Affiliates (Binance) with respect to Nest Services Limited, this term refers to any other person who directly or indirectly controls, is controlled by, or is jointly controlled with Nest Services Limited.
The Binance API refers to an application programming interface (API) that is provided to you by a Binance affiliate as a service, or as third-party applications that rely on this API.
Binance Intellectual Property Rights is a term that refers to the intellectual property rights created and all other intellectual property rights owned or licensed to us, on a sublicensable basis, as of the date of these Terms and any other intellectual property rights owned, acquired or licensed to us, on a sublicensable basis, after the date of these Terms, which we provide to you in the context of providing you with Binance services.
Binance Services means the services we provide to you through the platform.
A Binance sub-account means a sub-account set up within a primary Binance account.
The chat service carries the meaning given to it in clause 5.
A claim means any dispute, demand, disagreement, or controversy between you and Binance (and/or any of Binance's affiliates) arising out of, relating to, or in any way connected with the following:
(a) These terms or any product-specific terms, including their existence, validity, specialization, interpretation, performance, breach, negotiation, termination, enforceability, or consequences of invalidation;
(b) Your relationship with Binance (and/or any of its affiliates) as a user (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether claims arise during or after the termination of these Terms); or
(c) Any non-contractual obligations arising out of or relating to these Terms, any Product Terms, or your relationship with Binance (and/or any of its affiliates).
Control means a person's ability to ensure that another person's affairs are managed according to the first person's wishes, whether by:
(a) In the case of a company, being the beneficial owner of more than fifty percent (50%) of the issued share capital or voting rights in that company, or having the right to appoint and remove a majority of the directors or otherwise control the votes at meetings of the board of directors of that company by any powers conferred upon it by regulatory documents, the shareholders' agreement, a majority of the directors, or any other document governing the affairs of that company, or by any other means; or
(b) In the case of a partnership, being the beneficial owner of more than fifty percent (50%) of the capital of that partnership, or having the right to control the composition or majority votes of the management of that partnership under any powers granted by the partnership agreement or any other document regulating the affairs of that partnership or by any other means.
A Binance Business Account means a Binance account held for a company, entity, or other organization to provide Binance (Binance) services.
Created intellectual property rights mean any intellectual property rights you have created in accordance with these terms, including User Materials, but excluding any other User intellectual property rights.
Digital assets mean the digital representation of value or rights that can be transferred and stored electronically, using distributed ledger technology or similar technologies, including, but not limited to, digital currencies, stablecoins, non-exchangeable tokens, and token derivatives of any other digital asset.
Dominant digital assets mean split digital assets that are dominant over one or more other versions of the digital assets that were subject to the relevant split, as we determine in our sole discretion.
An email account means the email account associated with your Binance account, as agreed with Binance from time to time, and in accordance with any processes determined by Binance when using the platform.
The approved local currency means any national or supranational currency issued by the government or central bank or any other monetary obligation denominated in that currency and not constituting a digital asset.
Force majeure events mean:
a. Any fire, strike, riot, civil unrest, act of terrorism, war, or industrial act;
b. Any natural disaster such as floods, hurricanes, earthquakes and storms;
c. Any epidemic, pandemic, or public health emergency of national or international concern;
d. Any action or regulation issued by a government, supranational body or authority that we believe prevents us from offering Binance services on the platform;
e. Suspending or closing any Binance (Binance) affiliate;
f. Nationalization of any Binance subsidiary;
g. Imposition of unusual restrictions or conditions by the government on any digital assets traded on our platform;
h. Excessive changes in price, supply, or demand for any digital asset;
i. Technical malfunctions in transport, communications or computer facilities, including power outages, electronic malfunctions or equipment failures;
j. Failure of any supplier, broker, agent, primary custodian, sub-custodian, dealer, trading platform, storage platform, liquidity pool, bridge provider, issuer of backed digital assets, market maker, clearing house, or regulatory body to perform its obligations to us;
k. Liquidity providers who do not provide or are unable to provide us with liquidity;
l. Any labor or trade disputes, strikes, industrial actions, or shutdowns (other than any action taken by Binance or its affiliates); and/or
m. An event that significantly disrupts the digital asset market, which can include excessive movements in price, supply, or demand for the digital asset, whether regulated or unregulated.
A split means any planned, unplanned, sudden, scheduled, anticipated, unanticipated, announced, unknown, consensual, and/or controversial changes to the underlying operating rules of some digital asset that may occur from time to time, in such a way as to create one or more related versions of an existing digital asset.
Split digital assets mean digital assets that result from splitting.
Instructions means any instruction, request, or order issued to Binance by you or by an authorized user in connection with the operation of your Binance account or the execution of any transaction, through such means and in such form and manner as Binance may require.
Intellectual property rights mean: (a) copyright, patent, database rights, and rights in trademarks, designs, know-how, and confidential information (whether registered or unregistered); (b) applications for registration and the right to apply for registration of any of the above rights; and (c) all other intellectual property rights and similar or equivalent forms of protection that exist anywhere in the world.
The list of prohibited countries means the list of countries that can be accessed on https://www.binance.com/ar/legal/list-of-prohibited-countries.
Local terms mean the terms that govern your use of Binance services offered in any particular jurisdiction.
Losses have the meaning given to them in clause 29-1.
A manifest error means any error, omission, or misquote (whether by Binance or any third party) that is manifest or tangible, including any misquote by any representative of Binance, taking into account the current market and currently announced quotes, or any error in any information, source, comments, or results issued by an official body.
A mobile application means any mobile application developed or made available by us or any of Binance's affiliates that enables you to use or otherwise access Binance's services.
Authorized user means any person you have identified and declared to us, in accordance with these terms, who is authorized to act on behalf of the user in respect of any Binance Business account.
Platform means the digital platform that we or any of Binance's affiliates may provide to you via the websites, mobile application, Binance API, or any other means that Binance's affiliates may specify from time to time for the use of Binance services.
Privacy Notice means the privacy notice found onhttps://www.binance.com/ar/privacy.
Product Terms means the terms and conditions specific to the product that apply to the use of the Binance service, in addition to these terms.
Regulatory authority means any foreign, local, official, federal, cantonal, municipal, local governmental, executive, legislative, judicial, administrative, supervisory, regulatory, or agency or quasi-governmental authority, court, commission, governmental organization, self-regulating organization, organization with regulatory authority, arbitration body, supranational body or organization, or any department or instrument thereof, including any tax authority.
A restricted person means a person or legal entity that (a) is listed on any trade embargo or economic sanctions list, or list of terrorists or corrupt foreign officials (such as the United Nations Security Council sanctions list, issued by a government agency including the Specially Designated Nationals list maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), or the U.S. Department of Commerce’s list of rejected persons or entities), or by the United Kingdom, the European Union, and Canada) or (b) resides, lives, or has operations in any country listed on the Prohibited Countries List.
Risk warning means a general risk warning posted on the website.
A security breach means
a. Your Binance account or any of your access IDs has been compromised;
b. Loss, theft, or unauthorized use of any of your access identifiers or any unauthorized access to and use of your Binance account or Binance services on your behalf; or
c. Any other security incident (including a cybersecurity attack) that could affect you, Binance, or both.
Sites means our website and any websites, pages, features or content that we own or operate.
Supported digital assets mean those digital assets available in connection with your use of Binance services.
Terms mean these Terms of Use, together with any other documents expressly incorporated by reference thereto, including Product Terms, in each case as amended or supplemented from time to time.
Trademarks means the intellectual property rights in the trademarks, service marks, and logos used and displayed on the Binance Platform, Sites, or Services, or all of them together or through them.
A transaction means selling, buying, or entering into any other type of transaction, or agreeing to sell, buy, or enter into any other type of transaction involving digital assets or their derivatives or other assets or products that Binance may from time to time allow to be executed on the platform, and depositing or withdrawing digital assets or approved local currencies into or out of your Binance account.
User intellectual property means the intellectual property rights owned or licensed to you on the date of these Terms and any other intellectual property rights owned, acquired, or licensed to you after the date of these Terms, excluding Binance's intellectual property.
User Materials means the intellectual property rights contained in any reviews, posts, information, data, and comments that you or other users submit to us on the Sites (through our Contact Us pages or otherwise), the Platform, through the use of Binance services, or otherwise.
Website means the online site located on