Hold to Earn

KuCoin Hold to Earn – Supplemental Terms

By subscribing and continuing to use the KuCoin Hold to Earn program (the “Hold to Earn”), you confirm that you have read, understood and agreed to the following supplemental terms (the “Supplemental Terms”). Please read these Supplemental Terms carefully before proceeding.

These Supplemental Terms govern your use of the Hold to Earn and are supplemental to and shall be read together with the Platform’s Terms of Use (the “Terms of Use”). All other provisions in the Terms of Use not modified by this Supplemental Terms shall remain in full force and effect. In the event of any conflict or inconsistency between these Supplemental Terms and the Terms of Use, these Supplemental Terms shall prevail in respect to the Hold to Earn, unless expressly stated otherwise.

Unless otherwise defined, capitalized words used in these Supplemental Terms shall have the same meaning given to them in the Terms of Use. The rules of interpretation set out in the Terms of Use shall apply to these Supplemental Terms.

The Platform reserves the right to unilaterally modify these Supplemental Terms at any time. If any changes are made, the revised Supplemental Terms may be posted on the Platform’s website. Your continued use of the Hold to Earn following the posting of any changes constitutes acceptance of those changes. If you do not accept the revised Supplemental Terms, please stop using the Hold to Earn.

1.         Nature of Hold to Earn

1.1       Overview of the Program - The Hold to Earn provides you the option to contribute idle Eligible Assets (as defined below) from your funding account, spot account, margin account and/or futures account to the Platform and earn Yields (as defined below) subject to the terms and conditions herein.

1.2       Eligible Assets - A list of assets that are currently eligible for the Hold to Earn is available at: [hold-to-earn ] (each an “Eligible Asset” and collectively, “Eligible Assets”). The Platform may add or remove assets from the list of Eligible Assets at any time, in our sole discretion.

1.3       Automatic Contribution of Idle Assets - Upon subscribing to the Hold to Earn, you agree that all the available and idle account balances of the Eligible Assets in your funding account, spot account, margin account and/or futures account will be automatically contributed to the Hold to Earn.

1.4       Acceptance, Limits, and Right to Reject Contributions - Eligible Assets you contributed from your funding account, spot account, margin account and/or futures account to participate in the Hold to Earn (the “Contributed Assets”) are accepted once reflected on your account page within the Platform. Notwithstanding the foregoing, the Platform reserves the right, at its sole discretion, to:

(a)        decline, cancel or remove any contribution to Hold to Earn;

(b)        impose limits on the minimum or maximum amount that may be contributed; and/or

(c)        return any Contributed Assets to you, at any time without prior notice.

1.5       Trading and Withdrawals - Contributed Assets under the Hold to Earn will generally remain available for trading, order placement, transfer and/or withdrawal, and will not be subject to any lock-in period. However, the Platform reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or delay the trading, withdrawal, order placement and/or transfer of Contributed Assets (in whole or in part) from time to time, including but not limited to circumstances involving system maintenance, market volatility, liquidity management, compliance requirements, or risk control measures deemed necessary by the Platform.

2.         Yields

2.1       Yield Accrual and Distribution - You may earn interest rates on your Contributed Assets (“Yields”) through participation in the Hold to Earn. However, please note that Yields are not guaranteed, and both the applicable rate and timing for the distribution of Yields are subject to change at the Platform’s sole discretion.

2.2       Determination of Yield Rates - The rate of the Yields is determined exclusively by the Platform based on factors including, but not limited to, the type of Contributed Asset, prevailing market conditions, liquidity, and associated risk parameters. Such rates are not linked to, and may not be comparable with, benchmark interest rates applicable to traditional bank deposits or similar financial instruments.

2.3       Minimum Contribution Threshold - A minimum contribution requirement may apply to each type of Eligible Asset before Yields begin to accrue (the “Minimum Contribution Threshold”). Contributed Assets of a particular Eligible Asset that fall below the applicable Minimum Contribution Threshold will not earn Yields until the aggregate contribution for that Eligible Asset meets or exceeds such threshold. The Platform may, at its sole discretion and without prior notice, impose, revise or remove the Minimum Contribution Threshold from time to time.

2.4       Yield Cap - The Platform may, at its sole discretion, determine and apply a maximum limit on the total amount of each type of Eligible Asset that may accrue Yields (the “Yield Cap”). Any portion of your Contributed Assets exceeding the applicable Yield Cap for that specific Eligible Asset will not generate Yields. The Platform reserves the right to amend, remove, or introduce new Yield Caps at any time without prior notice.

2.5       Publication of Anticipated Rates - From time to time, the Platform may publish anticipated interest rates and/or Yields distribution timings on its website. These projections are forward-looking in nature and are based on prevailing market conditions, internal models, and other assumptions at the time of publication. Such projections are inherently uncertain and subject to change without notice. They do not represent actual or guaranteed returns and may differ materially from realised outcomes. You acknowledge that any projected Yields or related statements are provided solely for informational purposes and shall not constitute financial advice, solicitation, or an offer to participate in the Hold to Earn or any other product or service offered by the Platform.

2.6       Distribution of Yields - All Yields, if and when distributed, will be paid to your funding account in the same digital asset as the relevant Contributed Asset, unless otherwise specified by the Platform. The Platform reserves the right, at its sole discretion and without prior notice, to withhold, delay, suspend, or cancel the distribution of any Yields, in whole or in part, for any reason, including but not limited to operational, technical, risk management, or compliance considerations, or in order to comply with applicable laws, regulations, or governmental orders.

3.         Unsubscribing from the Hold to Earn

3.1       Unsubscription Process - You may unsubscribe your account from the Hold to Earn at any time, and the Platform will initiate the return of the Contributed Assets instantly or as soon as practicable. Provided that the Platform may require up to 30 days after you submit your request to unsubscribe, to process the redemption and/or withdrawal of Contributed Assets. Limits on the redemption or withdrawal on Contributed Asset based on frequency or volume may apply from time to time and will be described on the website.

3.2       Effect of Unsubscription - For the avoidance of doubt, once you unsubscribe your account from the Hold to Earn, any Yields accrued on that calendar day will be forfeited, and no further Yields shall be generated thereafter.

4.         Disclaimer

4.1       Contributed Assets and Safeguards - By participating in the Hold to Earn, you acknowledge, understand, and agree that the Platform may utilize the Contributed Assets at its sole discretion to support the Platform’s programs, including but not limited to lending, liquidity provisioning and risk management activities. However, the Platform shall at all times maintain robust risk management, operational controls, and asset segregation mechanisms designed to safeguard users’ Contributed Assets and mitigate counterparty and liquidity risks. For the avoidance of doubt, Contributed Assets will not be used to fund the Platform’s general operating expenses, including but not limited to payroll, administrative overhead, or conducting speculative trading.

4.2       General Risk of Participation - Please note that participation in the Hold to Earn involves risks. You should, at all times, carefully consider whether such services are suitable for you in light of your circumstances, investment objectives, financial situation and risk tolerance. The risks and uncertainties associated with the Hold to Earn include, but are not limited to, the following:

(a)        the Hold to Earn is not a principal-protected product. While the Platform will endeavour to safeguard user’s Contributed Assets, participation exposes you to market, counterparty, liquidity, and operational risks. In exceptional circumstances, including but not limited to extreme market events or counterparty default, you may incur a partial or total loss of your Contributed Assets.

(b)        the Platform is not a bank, or any other type of depository institution. Your account does not constitute a deposit account or savings account, and the Hold to Earn is not a deposit, savings, or banking product. Neither your account nor any Contributed Assets are insured, protected, or guaranteed under any deposit insurance scheme or similar protection mechanism in any jurisdiction.

(c)        Yields for the Contributed Assets are not guaranteed. The rate, amount, and frequency of any Yields are determined at the Platform’s sole discretion, and may be modified, suspended, or discontinued at any time without prior notice.

(d)        legislative and regulatory changes or actions may adversely affect:

(i)          the use, transfer, or value of Contributed Assets;

(ii)         the operations or profitability of the Hold to Earn;

(iii)        the applicable tax treatment of any Yields; and

(iv)       your ability to withdraw or redeem Contributed Assets in a timely manner, or at all.

4.3       Availability, Suspension and Termination - The Platform strives to ensure that the Hold to Earn operates in an efficient, secure and reliable manner. However, the Platform does not guarantee continuous, uninterrupted or error-free access to the Hold to Earn or its related services. The availability of the Hold to Earn in any country, region or jurisdiction shall at all times be subject to the Platform’s internal compliance policies and applicable law and regulations. The Platform reserves the right, at its sole discretion and without prior notice, to restrict, suspend, or terminate the Hold to Earn, in whole or in part, at any time and for any reason, including but not limited to maintenance, market conditions, risk management, compliance requirements, or internal policy determinations.

4.4       Consequence of Suspension or Termination - In the event of any disruption, restriction, suspension, or termination of the Hold to Earn:

(a)        your Contributed Assets may cease generating Yields;

(b)        you may not receive any accrued or Anticipated Yields; and/or

(c)        any pending or uncredited Yields may be forfeited without compensation or liability to you.

4.5       Limitation of Liability - You acknowledge and agree that the Platform, its affiliates, and their respective officers, directors, employees, and agents shall not be liable for any loss, damage, cost, or expense (whether direct, indirect, incidental, consequential, or otherwise) arising from or in connection with:

(a)        your participation in, or inability to access or use, the Hold to Earn;

(b)        any interruption, delay, unavailability, or restriction in relation to the Contributed Assets under the circumstances described in these Supplemental Terms, including but not limited to Clauses 1.5, 3.1 and 4.3 of these Supplemental Terms;

(c)        any interruption, delay, malfunction, defect, or error in the Hold to Earn or underlying infrastructure or network;

(d)        any unauthorized access to or interference with the Hold to Earn, your account, or your Contributed Assets by third parties;

(e)        any modification, restriction, suspension, or termination of the Hold to Earn; and

(f)         any acts or omissions beyond the reasonable control of the Platform.

5.         Representations and Warranties

5.1       User Representations and Warranties - You represent and warrant that, as of any date thereafter that you contribute assets to Hold to Earn:

(a)        you have full power, capacity, and authority to enter into and perform your obligations under these Supplemental Terms, and such participation does not and will not contravene any law, regulation, order, or agreement to which you are bound;

(b)        all assets in your funding account, spot account, margin account and/or futures account are free from any mortgage, charge, lien, pledge, encumbrance, security interest or any other claims;

(c)        you are the legal owner of the assets in your accounts, and the source of these assets are legitimate and in full compliance with applicable laws;

(d)        you acknowledge and accept the risks associated with participating in the Hold to Earn, including but not limited to those described in these Supplemental Terms; and

(e)        to notify us in writing if any of the above representations and warranties cease to be true, accurate, complete or valid.

5.2       User Acknowledgements and Assumptions of Risk - You understand, acknowledge, and agree that:

(a)           by participating in the Hold to Earn, the Platform does not guarantee the repayment, redemption, or preservation of the value of your Contributed Assets, nor does it provide any insurance, indemnity, or other form of protection against potential loss; and

(b)           by participating in the Hold to Earn, you determined that such use is appropriate for you.

5.3       Legal, Regulatory and Tax Obligations -The Platform shall not be responsible or liable for any legal, regulatory, or tax consequences arising from your participation in the Hold to Earn. You acknowledge and agree that you are solely responsible and liable for any and all fines, penalties, taxes, duties, levies, or similar governmental assessments that may arise in connection with or as a result of your participation in the Hold to Earn.

6.          Not Professional Advice

6.1       Not Financial, Legal or Tax Advice - You acknowledge and agree that no information provided by the Platform, whether contained in these Supplemental Terms or in any other document, communication, or statement, shall be construed as investment, legal, tax, or other professional advice. You should consult your own professional advisers regarding any matters relating to digital assets and the Hold to Earn.

6.2       Independent Assessment - You shall determine independently whether any investment, strategy, or transaction is suitable in light of their own investment objectives, financial situation, and risk tolerance, and shall be solely responsible for any losses or liabilities arising therefrom. The Platform assumes no responsibility or liability, whether direct or indirect (including any loss of profits), resulting from your reliance on information provided by the Platform or from your use of the Hold to Earn.

7.         Miscellaneous

7.1       Fees – The Platform reserves the right to charge you fees in connection with your participation in the Hold to Earn.

7.2       Assignment and Novation - You shall not transfer, novate or assign any of your rights or obligations under these Supplemental Terms, in whole or in part, without the prior written consent of the Platform. The Platform may transfer, assign, or novate any of its rights or obligations under these Supplemental Terms without your prior consent.  

7.3       Severability - If any section of these Supplemental Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way. However, if any section of these Supplemental Terms is invalid, illegal or unenforceable under any applicable law in any jurisdiction, such section shall, in that jurisdiction, be deemed modified to the extent necessary to comply with such law. If modification is not possible, such section shall be invalid, illegal, or unenforceable only to the extent of such invalidity, illegality, or unenforceability, without affecting the remaining sections of these Supplemental Terms or the validity, legality or enforceability of such section in any other jurisdiction.

7.4       Headings - The headings in these Supplemental Terms are for reading convenience only and shall not be used for the purpose of interpreting the terms and conditions of this Supplemental Terms.

7.5       Interpretations of Terms - The ultimate power to interpret these Supplemental Terms shall be vested in the Platform.