KuCoin Earn General Terms of Use
When you access and/or use any services made available by KuCoin Earn (hereinafter referred to as “KuCoin Earn”, “we” or “us”), subscribe to, purchase or otherwise engage in our products, provide a confirmation through our webpage, or accept these Terms in any other way, it will be deemed that you have fully read and understood all the terms of the KuCoin Earn General Terms of Use and any terms expressly incorporated herein (collectively, the “Terms”), and agreed to be legally bound by these Terms. We reserve the right to change or modify the conditions of these Terms at any time at our sole discretion. You should periodically review these Terms for the latest changes. If you do not understand and accept these Terms, you should not engage in our products and services in any form.
1. Disclaimer
1.1 We may not make the Services available in all markets and jurisdictions, and may restrict or prohibit the use of the Services from certain jurisdictions. Depending on your country of residence or incorporation or registered office, you may not be able to use all of the Services provided therein. You shall follow the applicable laws and regulations in your country of residence and/or country from which you access the Services. All legal risks and liabilities resulting from the illegal use of our Services in your country/region shall be solely borne by yourself.
1.2 We will not give advice to you on the merits of any trade and shall deal with you on an execution-only basis. None of our employees or staff are authorized by us to give you investment advice. Accordingly, you should not regard any proposed trades, suggested trading strategies, or other written or oral communications from us as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your account. If you require investment or tax advice, please contact an independent investment or tax adviser. You acknowledge and agree that you have made your own independent analysis and decision when executing a trade and such trades are entered into without reliance upon any views, representations (whether written or oral), advice, recommendation, information, or other statements by us.
1.3 The KuCoin Earn Products may not be formally registered by any governmental or regulatory body. All asset management activities may be conducted by independent third-party entities, which may not be licensed or authorized in your specific jurisdiction. KuCoin Earn does not act, and shall not be construed as acting, in the capacity of a fund manager, fiduciary, broker, intermediary, agent, advisor, or trustee in connection with these KuCoin Earn Products. Any subscription does not establish a legal relationship of a collective investment scheme, trust, or a partnership between you and us.
1.4 Except as expressly provided to the contrary in writing by us, our Services are provided on an “As is” and “As available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our Services, including the information, content and materials contained therein, to the fullest extent permitted by applicable laws.
1.5 You irrevocably acknowledge and agree that your rewards or earnings are not guaranteed return but contingent upon and are subject to variable factors, all of which may cause significant fluctuations in actual amount of rewards. Any projected or estimated rewards amount or ratios displayed by KuCoin Earn are for reference only and shall not be construed as guaranteed performance. KuCoin Earn assumes no responsibility for the accuracy of such estimates, and you shall be solely responsible for independently evaluating the potential rewards based on the KuCoin Earn Products you purchase.
1.6 KuCoin Earn disclaims all liability and responsibility for any losses, damages, or missed opportunities arising from or related to the acts, omissions, performance, negligence, insolvency, or default of any third-party entity engaged in the management, custody, or handling of assets associated with KuCoin Earn Products. We shall bear no obligation or liability for the management decisions, operational failures, or any form of misconduct by these external managers.
1.7 By agreeing to these Terms you certify that you pursue participation in blockchain-based networks as a part of your professional activity and are familiar with the KuCoin Earn Products and the risks attached to them and their trading, including but not limited to the risks stated in the risk disclosure statement subject to these Terms.
1.8 You understand and agree that KuCoin Earn has the right to publish, modify, and/or provide information related to its Services through website, email, customer service call, mobile text message, and other official channels. KuCoin Earn is not responsible for any information obtained through non-official channels. If you have any doubts about the authenticity of information sent from a source claiming to be KuCoin Earn, you should contact us.
2. Definitions
Capitalized terms not otherwise defined in these Terms will have the following meaning:
“Services” mean all services provided by KuCoin Earn through the KuCoin Earn products.
“KuCoin Earn Assets” means the digital assets used by you to subscribe for KuCoin Earn Products.
“KuCoin Earn Product(s)” means the KuCoin Earn products your subscribe for on the KuCoin Earn platform.
“RWA Product(s)” means any KuCoin Earn Product that provides exposure (directly or indirectly) to real world assets or real world asset-linked rights and interests, including but not limited to private credit, receivables, funds, treasury or money market instruments, structured notes, commodities, or other off-chain assets or contractual claims (the “Underlying Assets”), whether represented through a digital, tokenized, structured, or other arrangement.
“Underlying Assets” means the real world assets, contractual rights, claims, or interests referenced by or supporting a RWA Product.
“Issuer/Originator/Manager” means any third party that issues, originates, manages, administers, services, or otherwise operates the Underlying Assets or any structure related to a RWA Product.
“SPV” means any special purpose vehicle, trust, foundation, or similar structure established for the issuance, holding, or administration of Underlying Assets or related interests.
“Custodian” means any third party engaged to hold, safeguard, administer, or oversee Underlying Assets or related interests, where applicable.
3.User Warrants and Representations
3.1 You hereby makes the following warrants and representations. Whenever you make use of our Services, you are deemed to have repeated these warrants and representations.
3.1.1 You represent and warrant that you: (a) are at least 18 years old and have full civil capacity if you are a natural person, or are duly organized and validly existing under applicable laws and regulations in good standing if you are an entity; (b) have not previously been suspended or removed from using our Services or other similar services provided by other parties; (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party nor violate your obligations to any third party and/or any contractual restrictions that bind or otherwise affect your assets related to the use of our Services; (d) using our Services in your own name and solely for your own benefit; (e) will not use our Services if any applicable laws in your country/region prohibit you from doing so; (f) are not a designated person under regulations issued pursuant to the lists of individuals or entities identified by the Security Council of the United Nations or the Committee as individuals or entities to whom or which apply the measures referred to in paragraph 8(d) of Resolution 1718 (2006)(including any such list as updated from time to time by the Security Council or the Committee, and made available on the Internet through the official United Nations website at http://www.un.org/); (g) you have not been subject to any economic sanctions administered or enforced by any relevant country, government, or international agency; and (h) have read and understood these Terms. In the event that you are such restricted person or entity defined as above, you shall be responsible for all legal risks and liabilities caused by or arising from accessing or using our Services. We may refuse to provide the Services to you, and you shall not be entitled to ask for any refund.
3.2 With regard to registration data and information provided by you (“Registration Information”), you warrant the following.
3.2.1 That all registration information provided is legal, true, accurate, and complete.
3.2.2 If there are any changes to the provided registration information, you will notify KuCoin Earn in a prompt manner. If the registration information provided by you is illegal, untrue, inaccurate, or incomplete, you shall bear all corresponding liabilities and consequences.
3.2.3 KuCoin Earn reserves the right to impose certain restrictions on accounts and/or suspend or terminate the provision of KuCoin Earn services in accordance with the provided registration information and its compliance obligations and internal risk control policies.
3.2.5 KuCoin Earn reserves the right to request that you provide identifying information on the account owner and/or financial information for resonable purposes such as Know Your Customer (KYC) and/or anti-money laundering (AML).
3.2.6 You agree to take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access to your account, to the maximum extent permitted by law. You are solely responsible for doing all things and taking all actions necessary to monitor and secure your account, and to enable or receive financial or other benefits made available to account holders. You hereby agree that you will not share any information of your account with any third party or allow any third party to access your account. If you lose access to your account due to any reasons, KuCoin Earn has the right to request that you provide specific information such as identification or transaction information to verify your ownership of the account. KuCoin Earn does not assume any responsibility for the improper use of your account, any third-party access, or the resulting consequences therefrom.
3.2.7 You agree to abide by all applicable laws and regulations, along with these Terms and any rules and policies announced with regard to the use of the KuCoin Earn website and services.
3.2.8 You agrees to contact KuCoin Earn immediately upon discovering or suspecting any fraud or misconduct by any third party using the Services provided by KuCoin Earn.
3.2.9 You shall not register multiple accounts on KuCoin Earn without prior written consent. You may not register multiple accounts for the purposes of obtaining benefits, rewards, or coupons.
4.Risk Disclosure
4.1 You understand and recognize that the purchase of KuCoin Earn Products and related services during operation involves certain risks, and that the risks outlined in these Terms are not an exhaustive list. These risks and any other risks that arise now or in the future may cause you to be unable to obtain any benefits, suffer financial losses, or even the termination of our Services.
4.1.1 The purchase of KuCoin Earn Products and the services associated with its operation all entail potential financial, regulatory, and other risks. Before purchasing KuCoin Earn Products and making use of the related services, you should ensure that you have sufficient experience and knowledge in blockchain technology, product functionality, and the associated risks. Any decision by you to participate in any purchase of KuCoin Earn Products and related services associated with its operation should be based on due diligence and/or professional consultation as deemed necessary by you. KuCoin Earn assumes that you are a professional who understand the crypto industry and the risks of services related to the purchase. These Terms and any Services provided by KuCoin Earn shall not be regarded as financial advice.
4.1.2 The value of any KuCoin Earn Product may be affected by factors not under the control of KuCoin Earn, including but not limited to changes in product parameters/attributes, market volatility, hardware obsolescence, and hardware amortization.
4.1.3 No authentication method or security technology is 100% secure. You agree to assume all the risks associated with hacking or identity theft.
4.2 Before purchasing any KuCoin Earn Product, you should evaluate whether the product is suited for your financial resources and risk appetite. When you purchase any KuCoin Earn Product, you are deemed to have recognized, understood, and accepted all risks related to buying, selling, exchanging, and holding the product. This includes but is not limited to:
4.2.1 Market fluctuations, with the possibility of prices experiencing sharp declines or even dropping to zero.
4.2.2 Waiting periods before transactions can be confirmed. When a transaction is unconfirmed, this means that it has not been completed.
4.2.3 Transactions are irreversible. You will not be able to reverse transactions of any amount of funds to an incorrect person or address, nor will you be able to recover the funds.
4.2.4 If you forget any information required for the access or operation of your funds, those funds may be lost or otherwise rendered unavailable.
4.2.5 Blockchain technology may possess inherent unknown technical defects.
4.2.6 Certain countries or regions may introduce new laws, regulations, or policies that affect the performance of these Terms.
4.3 We endeavor to take all reasonable measures to safeguard your KuCoin Earn Assets. Notwithstanding that, you acknowledge and agree that, during any extreme and exceptional conditions, we may not have sufficient assets readily available to satisfy Redemption requests or return your KuCoin Earn Assets in a timely manner, and as a result, you may lose some or all of your KuCoin Earn Assets. This can occur due to various factors, such as (a) concentrated exposure to particular digital assets; (b) market-wide liquidity crunches; (c) catastrophic hacks or technical failures; (d) market volatility; and (e) any misconduct by independent third party.
4.4 You shall be aware of and accept specific risks inherent in delegating asset management to independent third parties. These risks include, but are not limited to, the risk of the third-party manager's breach of contract, failure to adhere to its stated strategy, inadequate management capabilities, operational errors, cyber-security failures on its part, negligence, fraud, misrepresentation, or insolvency. Furthermore, the third-party manager may not be subject to regulatory oversight in relevant jurisdictions, and we do not provide guarantees, or assume any duty to for the ongoing performance or creditworthiness of these external managers.
4.5 KuCoin Earn Assets may, at our sole discretion and without prior notice, be used for operating purposes by KuCoin. The use of KuCoin Earn Assets for operating purposes (including but not limited to loans and on-chain staking activities) may be subject to various risks. In exceptional circumstances these risks could negatively impact the ability of KuCoin Earn to return your KuCoin Earn Assets in full or at all. KuCoin Earn Assets deposited may also be loaned to any of our KuCoin Earn's affiliates or clients. There is a risk that borrowers may default on repayment obligations notwithstanding the fact that KuCoin Earn has taken various reasonable precautions to minimise these counterparty risks. This risk increases during periods of market volatility or economic downturns.
4.6 Additional Risks for RWA Products.
You acknowledge and agree that RWA Products involve additional risks beyond typical digital-asset yield products. These risks may include, without limitation: (a) credit and default risk of obligors, issuers, originators, servicers, or other counterparties; (b) settlement, collection, and enforcement risk relating to off-chain rights and claims; (c) legal and structural risk arising from the use of SPVs, trusts, custodians, nominees, or other arrangements, including uncertainty as to the enforceability, priority, or perfection of claims in different jurisdictions; (d) valuation risk and pricing uncertainty, including reliance on third-party valuation methodologies, auditors, administrators, pricing agents, or reference rates; (e) liquidity risk, including limited transferability and the potential inability to redeem or exit prior to maturity; (f) operational and documentation risk, including errors, delays, or failures by third parties involved in issuance, custody, administration, servicing, or reporting; and (g) regulatory, tax, and legal change risks applicable to real world assets, tokenization structures, and cross-border distribution of such products.
4.7 No Direct Ownership; Limited Rights.
Unless expressly stated otherwise in the applicable Product-Specific Rules, your participation in a RWA Product does not grant you direct ownership of the Underlying Assets. Your rights (if any) are limited to those expressly set out in the Product-Specific Rules and the relevant contractual arrangements, and may be subject to structural limitations, priority arrangements, enforcement constraints, or third-party actions.
4.8 Third-Party Reliance for RWA Products.
You understand that RWA Products may rely substantially on Issuers/Originators/Managers, SPVs, Custodians, trustees, administrators, auditors, valuation agents, paying agents, or other third parties. KuCoin Earn does not control these third parties and disclaims responsibility for their acts, omissions, performance, solvency, or compliance status, to the maximum extent permitted by law.
5. Order Payment, Cancelation, Modification, and Refund
5.1 You may purchase KuCoin Earn Products with the payment methods supported by KuCoin Earn.
5.2 You are solely responsible for the accuracy of the payment, including but not limited to the destination account address (wallet address), transfer amount, and other payment details. Any losses resulting from wrong payment due to any error (such as transferring funds to the wrong address) shall be borne entirely by you. KuCoin Earn reserves the right to require that you make an accurate payment before activating any KuCoin Earn Products.
5.3 If the amount actually received is lower than the fees required, KuCoin Earn reserves the right to engage in the following actions at its own discretion before activating the corresponding KuCoin Earn Products:
5.3.1 Adjust the product so that the funds actually received by KuCoin Earn match the content of the provided services.
5.3.2 Refuse to activate the product ordered by you until the amount owed has been paid.
5.4 Due to the time required to confirm transactions and other third-party delays, there is a risk that the amount transferred by you to KuCoin Earn may be delayed. You agree that KuCoin Earn has the right to confirm the receipt of the full amount before activating the corresponding products.
5.5 Once you have successfully subscribed a KuCoin Earn Product, a binding contract is deemed to have been executed by and between you and KuCoin Earn with the terms specified in the subscription confirmation page. You may not be entitled to withdraw, terminate or cancel any such binding subscription.
5.6 We may, at any time and in our sole discretion without prior notice, refuse or cancel any trade or subscription submitted via the Services, impose any limits on the trade permitted via the Services or impose any other conditions or restrictions upon your use of the Services, and/or mandatorily redeem or otherwise return all or some KuCoin Earn Assets of any user. We reserve the right to change any definitions, description, order procedure, rules, restrictions and limitations of transaction at any time for any reason.
5.7 To the fullest extent permitted by laws and regulations, you acknowledge that all purchased products are final, non-replaceable, and non-refundable. KuCoin Earn reserves the right to issue refunds at its sole discretion. The provision of a refund for a specific user or product does not obligate KuCoin Earn to agree to issue the same or similar refund in the future. This refund policy does not affect any applicable statutory rights.
5.8 Subject to the other terms of these Terms, any additional fees (such as third-party fees) arising from the provision of refunds by KuCoin Earn in accordance with these Terms or applicable laws and regulations shall be borne entirely by you.
6.Our Servcies and Related KuCoin Earn Products
6.1 In addition to the provisions set out in these Terms, and prior to subscribing to any of the KuCoin Earn Products, you shall read and agree to specific terms provided on our platform (including any associated pop-out pages), such as asset type, amount, rewards, and offer type.
Different KuCoin Earn Products may be subject to different product-specific rules and subscription terms, and you must carefully read the applicable product page terms and subscription rules before subscribing. In case of any inconsistency, the product-specific rules displayed on the relevant subscription page shall prevail for that product.
6.2 KuCoin Earn reserves the right to reject KuCoin Earn Assets, set minimum/maximum amounts, alter subscription limits, or mandatorily redeem KuCoin Earn Assets without prior notice. We also reserve the right to impose Redemption restrictions or conditions from time-to-time, with or without notice, in its sole discretion.
6.3 You understand that KuCoin Earn may provide tutorials, explanation, analysis guidance or training programmes in connection with the KuCoin Earn Products and Services available at our platform and you acknowledge that none of these provided or made available to you constitute any from of investment or financial advice and you should make your independent judgment in terms of the suitability of the KuCoin Earn Products.
6.3 Fixed-Term Products.
Our KuCoin Earn Products may be offered on a fixed-term basis. For the fixed-term KuCoin Earn Products, the subscribed KuCoin Earn Assets will be locked (and may not be redeemed) for a pre-determined period.
By subscribing to fixed-term KuCoin Earn Products, depending on the commercial terms specified by KuCoin Earn, you may or may not be able to redeem your KuCoin Earn Assets before the maturity date. In the event that KuCoin Earn, at its sole and absolute discretion, elects to offer a mechanism for early redemption, such redemption shall be subject to an early redemtion fee. The rate, calculation method, and applicability of such early redemtion fee shall be determined solely by KuCoin Earn and are subject to change at any time without prior notice. You understand that any early redemption proceeds, after deducting the applicable fee, may be less than your initial principal amount.
6.4 Flexible Products.
For the flexible KuCoin Earn Products, redemption requests are generally processed subject to the specific rules and limits stated for the product at the time of your subscription. KuCoin Earn reserves the right to modify redemption terms, including imposing fees, minimum/maximum amounts, or processing delays, as necessary for operational and risk management purposes.
6.5 We reserve the right to charge fees based on the performance of the KuCoin Earn Products. We may, in our sole discretion, establish, define, modify, and apply the terms governing such fees, including but not limited to their applicable conditions, calculation, hurdle, fee percentages, and the timing of their assessment and deduction. Such changes may be implemented without prior notification to you.
6.6 The subscription, purchase or otherwise engagement of the KuCoin Earn Products shall also be governed by any documentation and guidelines as updated from time to time and/or as displayed on the relevant product subscription page. Notwithstanding any terms provided in these Terms, you acknowledge and agree that KuCoin Earn shall have the absolute discretion in determining the interpretation of any commercial terms related to the KuCoin Earn Products.
6.7 RWA Products.
(a) Incorporation into KuCoin Earn Terms. RWA Products are offered as part of KuCoin Earn and are governed by these Terms and the applicable Product-Specific Rules.
(b) Product Structure; Third Parties. A RWA Product may be structured through one or more contractual arrangements and/or SPVs and may involve third-party Issuers/Originators/Managers, Custodians, trustees, administrators, auditors, valuation agents, or paying agents. The availability, features, and economics of a RWA Product may depend on these third parties and the relevant arrangements.
(c) Redemption, Suspension, and Adjustments. Redemption, early redemption (if any), settlement timing, fees, and any suspension rights for RWA Products shall be subject to the applicable Product-Specific Rules. You acknowledge that KuCoin Earn may suspend, delay, adjust, or impose conditions on redemption or settlement of a RWA Product where reasonably necessary for risk management, legal/regulatory compliance, operational reasons, or due to events affecting the Underlying Assets or any relevant third party.
(d) Information and Reporting. Any statements, reports, valuations, net asset values, performance metrics, or other information relating to a RWA Product may be provided by third parties and may be delayed, revised, or corrected. KuCoin Earn does not guarantee the completeness or accuracy of such information.
(e) No Guaranteed Return. Any rewards, earnings, or returns for a RWA Product are not guaranteed and remain subject to the performance of the Underlying Assets and relevant counterparties, as further described in the Product-Specific Rules and these Terms.
7.User Restrictions and Obligations
7.1 When accessing or using the Services, you agree that you will not violate any applicable law and regualtion, or any contractual, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
(1) Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services or bring disrepute to our Services in any manner;
(2) Use our Services to pay for, support, perform, undertake, aid, abet or otherwise engage in any illegal gambling activities; fraud; market manipulation or abuse (including but not limited to your taking actions, or acting in concert with another user to take actions, on or outside the Services, which are intended to deceive or mislead other users, or artificially control or manipulate the price or trading volume of a Product); money-laundering; or terrorist activities; or any other illegal activities;
(3) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
(4) Use any method to block your Internet traffic and IP addresses or use other technical services that may hide the real Internet connection;
(5) Use or attempt to use another user’s account without authorization;
(6) Attempt to circumvent any content-filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
(7) Introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful materials;
(8) Develop any third-party applications that interact with our Services without our prior written consent;
(9) Provide false, inaccurate, or misleading information;
(10) Encourage or induce any third party to engage in any of the activities prohibited under this section.
7.2 You shall not engage in any activities in the name of KuCoin Earn or make use of KuCoin Earn website information/data without prior written authorization.
7.3 Your use of the Services provided by KuCoin Earn will not have any negative impact on the reputation of KuCoin Earn or make KuCoin Earn liable for any legal responsibilities or other penalties, fines, and sanctions.
7.4 It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and you shall report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding, or remitting any taxes arising from any trades. You also agree that we are not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues.
7.5 If you violate the provisions of this Article, KuCoin Earn has the right to immediately suspend or terminate the provision of Services and take all necessary legal measures within the scope permitted by applicable laws and regulations.
8.Confidentiality
8.1 You agree that all confidential information (including but not limited to documents, materials, information, company plans, operations, financial information, technical information, financial information, and other relevant materials) of KuCoin Earn that cannot be obtained from public channels shall be kept confidential. You shall not in any way use or disclose to any third party the aforementioned documents, materials, or information belonging to the other party in whole or in part. If you violate this confidentiality terms, you shall compensate us for all economic losses suffered therefrom.
8.2 This confidentiality clause shall remain in effect even after the termination of these Terms.
9. Copyrights and Other Intellectual Property Rights
9.1 Unless otherwise expressly indicated by us, all copyright and other intellectual property rights, including inventions, discoveries, knowhow, processes, marks, methods, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents in all content and other materials provided in connection with our Services and KuCoin Earn Products, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “KuCoin Earn Materials”) are the proprietary property of KuCoin Earn or our licensors or suppliers and are protected by international copyright laws and other applicable intellectual property rights laws.
9.2 We hereby grant you a limited, nonexclusive, revocable, and non-sublicensable license of KuCoin Earn Materials to access and use our Services. Such license is subject to these Terms and does not permit (a) any resale of the KuCoin Earn Materials; (b) the distribution, public performance or public display of any KuCoin Earn Materials; (c) modifying or otherwise making any derivative uses of the KuCoin Earn Materials, or any portion thereof; or (d) any use of the KuCoin Earn Materials other than for their intended purposes. The license granted under this section will automatically terminate if we suspend or terminate your access to the Services.
10.Modification and Termination of Services
10.1 You acknowledge and agree that KuCoin Earn has the right to restrict or suspend your access to the website and Services in the following circumstances:
(1) We suspect that you have violated these Terms or any applicable laws, regulations, specific service terms, or other policies, procedures, or rules announced by KuCoin Earn;
(2) a subpoena, court order, or other government order requires us to restrict or suspend such access;
(3) the involved account is involved in pending litigation, investigation, and/or administrative proceedings;
(4) we have reasonable suspicion that you are making use of our Services in an illegal, fraudulent, or otherwise improper manner;
(5) we have become aware of or suspect unusual or unauthorized activity in relation to your account.
You agree that KuCoin Earn shall not be liable for any loss or damage caused by such restriction or suspension of access.
10.2 KuCoin Earn may, in its sole discretion, at any time, for any or no reason and without liability to you, with or without prior notice, (i) terminate all rights and obligations between you and KuCoin Earn derived from these Terms, (ii) suspend your access to all or a portion of the Services, (iii) modify, suspend or discontinue, temporarily or permanently, any portion of the Services, or (iv) provide enhancements or improvements to the features and functionality of the Services, which may include patches, bug fixes, updates, upgrades and other modifications. Any such change may modify or delete certain portions, features or functionalities of the Services. You agree that all changes will be (i) deemed to constitute an integral part of the Services and (ii) subject to these Terms. You acknowledge and agree that you do not expect all Services provided by KuCoin Earn to be continuous or uninterrupted. KuCoin Earn shall not be liable for any and all losses resulting from the suspension or interruption of its Services for any maintenance or upgrade of its systems.
10.3 In the event of any Force Majeure Event, breach of these Terms or any applicable laws or regulations, or any other event that would make provision of the Services or KuCoin Earn Products commercially unreasonable for KuCoin Earn, we may, in our sole discretion and without liability to you, with or without prior notice, restrict or suspend your access to all or any portion of our Services and/or as may be required by applicable law, file suspicious transaction reports with the relevant authorities or otherwise report to or inform the relevant authorities or take any other steps to protect KuCoin Earn’s interests as KuCoin Earn deems appropriate. We may also close your account, terminate your access to the Services in our sole discretion, immediately and without prior notice, without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of discontinuation of all Services or termination of your use or access to the Services: (a) all amounts payable by you to KuCoin Earn will immediately become due; (b) KuCoin Earn may cancel any open orders or other transaction requests that are pending at the time of discontinuation or termination or deletion or deactivation; and/or (c) KuCoin Earn may take such other steps as KuCoin Earn deems necessary or desirable to protect its own interests. We are not responsible or liable for any loss or damages incurred as a result of or arising from any actions taken under this section.
11. Limitation of Liability
11.1 You agree and accept that subject to the non-duplication of any other compensation or right of indemnification outlined in these Terms, you shall indemnify KuCoin Earn for any loss, liability, claim, accusation, action, lawsuit, or expense (collectively referred to as “Losses”, including reasonable attorney’s fees), provide defense to KuCoin Earn with regard to the aforementioned, and ensure that KuCoin Earn does not suffer any such losses.
11.2 Except as otherwise required by law, in no event shall KuCoin Earn, our directors, officers, members, employees, agents or contractors be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our Services or the KuCoin Earn Materials.
11.3 To the maximum extent permitted by applicable law, in no event shall the aggregate liability of KuCoin Earn (including but not limited to our directors, officers, members, employees, agents and contractors), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of, or inability to use the Services, exceed the fees paid by you to KuCoin Earn during the twelve(12) months immediately preceding the date of any claim giving rise to such liability.
11.4 KuCoin Earn and/or its affiliates, directors, officers, members, employees, agents or contractors will not be responsible for any compensation, reimbursement, or damages arising in connection with: (i) your inability to use the Services, including without limitation as a result of any termination or suspension of the Services or these Terms, power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, hacking, delays in operation or transmission or any failure of performance, (ii) the cost of procurement of substitute products or services, (iii) any of your investments, expenditures, or commitments in connection with these Terms or your use of or access to the Services, (iv) your reliance on any information obtained from KuCoin Earn, (v) Force Majeure Events, communications failure, theft or other interruptions or (vi) any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with the Services. As the subscribed KuCoin Earn Products are related to computer and internet technology, you also agree that incidents caused by hackers, viruses, or telecommunications technology do not constitute a breach of contract by KuCoin Earn.
11.5 We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any trade that you may enter into with any other user of the Services. We are not responsible for ensuring that a third-party counterparty you transact with will complete a trade or transaction or is authorized to do so. If you experience a problem with any such trade with a user of the Services, or if you have a dispute with such user, you should resolve the dispute directly with that user.
11.6 KuCoin Earn is not responsible for any loss of value caused by the transfer of products by you. KuCoin Earn does not guarantee or undertake any responsibility relating to the income of the KuCoin Earn Product or its value.
11.7 During the performance of these Terms, KuCoin Earn shall not be responsible for losses caused to you or other third parties arising from third-party problems (including but not limited to issues with the blockchain, project termination, and forks).
12. Miscellaneous
12.1 Entire Agreement; Order of Precedence. These Terms shall be read together with the KuCoin Earn Terms of Use, Privacy Policy and any other applicable product-specific terms, policies, or rules published by KuCoin Earn, which shall continue to apply. All the above terms are incorporated by reference and have the same force and effect as if set out in these Terms. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with us for the Services or for any other product or service otherwise. In the event of any conflict between these Terms and any other agreement you may have with us, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
12.2 Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will post the amended Terms. You are responsible for reviewing and abiding by the latest version. You agree that by accessing and/or using the Services following any amendment to these Terms, you are agreeing to accept such amendment. Any amended Terms will apply prospectively to use of the Services after such changes become effective in accordance with these Terms. If you do not agree to any amended Terms, you must discontinue using our Services.
12.3 Force Majeure Events. We shall not be liable for (1) any inaccuracy, error, failure, delay in, or omission of (i) any information, (ii) the transmission or delivery of information, or (iii) carrying out our obligations under these Terms; (2) any loss or damage in any and all cases arising from any event beyond our reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, terrorist attacks, market failure or disruption, telecommunications or network breakdown or disruption, communications, power failure, attacks on the security, integrity or operation of the products, the services and/or the accounts and funds held therein, or equipment or software malfunction or any other cause beyond our reasonable control (each, a “Force Majeure Event”).
12.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent, including but not limited to, by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights under these Terms, in whole or in part, without obtaining your consent or approval.
12.5 These Terms are concluded in accordance with the laws of the Turks and Caicos Islands, and its establishment, interpretation, content and performance shall be governed by the relevant laws and regulations of the Turks and Caicos Islands. Any claim or lawsuit arising out of or in connection with this Agreement shall be interpreted and enforced by the laws of the Turks and Caicos Islands.
12.6 Both parties agree that any disputes, controversies, or claims of any nature (contractual or non-contractual), arising from or related to these Terms shall be submitted to the Singapore International Arbitration Commission for arbitration.
12.7 Third-Party Content. In using our Services, you may view contents provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or correspondence, and you understand and accept that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
12.8 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
12.9 Governing language and translations. These Terms and other agreements or communications notified through the Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date, accurate or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereof, the English language version of such documents shall govern and prevail.