The Platform offers different types of Trading Bots (hereafter referred to as "we", “us” or “ours”), some of which may be offered by third party service provider from time to time.
YOU ARE FULLY AWARE AND INFORMED THAT CRYPTO ASSET PRICES ARE HIGHLY VOLATILE AND CAN EXPERIENCE SIGNIFICANT FLUCTUATIONS WITHIN A SHORT PERIOD. YOU RECOGNIZE THAT THERE IS A POSSIBILITY OF LOSING ALL OR A SIGNIFICANT PORTION OF YOUR INVESTMENT. YOU FULLY UNDERSTAND AND ACCEPT THE RISKS ASSOCIATED WITH TRADING CRYPTOASSETS USING TRADING BOTS. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE RISKS AND HAVE THE NECESSARY KNOWLEDGE AND EXPERIENCE TO EFFECTIVELY MANAGE TRADING BOTS.
We offer Trading Bots as online software as a service (SaaS) through the Platform either by us or by third party service providers. Our Trading Bots allow you to trade and invest in crypto assets using an automatic crypto trader bot which allows you to control and configure your trading strategies and/or parameters. We may introduce new or improve our Trading Bots from time to time.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use Trading Bots services. You must be at least 18 years of age and there are certain locations from which you may not be able to use some or all of Trading Bots services. Other eligibility criteria may also apply. Additionally, there are certain things you cannot do when using Trading Bots services, such as engage in market misconduct or illegal activities, lie, or do anything that would cause damage to our services or systems. Please see Section 12 below on “Acceptable Use” for more details.
ENGAGING IN CRYPTO TRADES MAY BE HIGHLY RISKY. PLEASE DO NOT USE TRADING BOTS SERVICES IF YOU DO NOT UNDERSTAND THESE RISKS. YOU ARE SOLELY RESPONSIBLE FOR CUSTOMISING ALL RELEVANT PARAMETERS AND ALL TRADING RISKS REST IN YOU. YOU ACKNOWLEDGE AND WARRANT THAT YOU HAVE SUFFICIENT INVESTMENT EXPERIENCE AND/OR KNOWLEDGE TO MAKE YOUR INDEPENDENT JUDGMENT ON THE SUITABILITY AND USAGE OF THE TRADING BOTS BASED ON YOUR OWN FINANCIAL STATUS AND KNOWLEDGE, INVESTMENT EXPERIENCE AND OBJECTIVES, RISK TOLERANCE, PERSONAL CIRCUMSTANCES ETC. BEFORE START USING TRADING BOTS, YOU SHOULD HAVE FULLY UNDERSTOOD AND TESTED THE ROBOT'S FEATURES, RISKS, AND LIMITATIONS IN DETAIL, IF IN DOUBT, PLEASE SEEK PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE. WE ARE NOT RESPONSIBLE FOR THE OUTCOME OF YOUR USE OF THE TRADING BOTS.
Other Important Legal Terms
1. Key Definitions
Capitalized terms not otherwise defined in these Terms will have the following meaning:
1.1 “External Account” means any account: (i) from which you may transfer crypto assets into your Bots Account, and (ii) to which you may transfer crypto assets from your Bots Account and which has been approved by we for the foregoing purposes.
1.2.“Funds” means the crypto assets you transfer to or from your Bots Account.
1.3.“Bots Account” means a user account accessible via the Services where Funds may be stored by us on behalf of you.
1.4.“Help Center” means the customer service center with address at https://support.kucoin.com.
1.5.“Trading Bot” means a software application that which allows a user to carry out trades for crypto assets based on perimeters defined by the user.
1.6. ““Platform” means an information intermediary service website (www.kucoin.com) operated and managed by KuCoin.
2.1. 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 (“Restricted Locations”).
2.3. Nothing on the Platform shall be deemed to constitute solicitation or intention to solicit any individuals to use Trading Bots. You shall promptly stop using Trading Bots if you are a resident of a jurisdiction which does not allow the use of Trading Bots or engaging in crypto-related activities.
2.4. Additionally, 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 Trading bots and the risks attached to them and their trading, including but not limited to the risks highlighted in the Risk Disclosure Statement.
3. Bots Account
3.1. In order to engage in any trades via the Services, you agree to take responsibility for all activities that occur under your Bots Account and accept all risks of any authorized or unauthorized access to your Bots Account, to the maximum extent permitted by law.
3.2. You are solely responsible for doing all things and taking all actions necessary to monitor and secure your Bots Account, and you must allocate enough crypto assets in your Bots Account to fulfil any payment obligations in relation to transactions occurred in your account.
3.3. We may create sub-account(s) for each Trading Bot adopted by you to perform investment strategies. Each such sub-account may be created automatically once you have submitted your investment strategy or transaction using a Trading Bot. You may be able to see the details of the sub-account on the Platform.
3.4. You must not create security or any other collateral interest over the funds in your Bots Account except with our prior written consent.
5. General Obligations
This Section 5 applies to (i) all trades completed via the Services, and (ii) any transaction in which you transfer Funds into your Bots Account from your External Account or transfer Funds from your Bots Account into an External Account.
5.1. Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any trade submitted via the Services, impose limits on the trade amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services without prior notice. For example, we may restrict trades from certain locations.
5.2. Accuracy of Information. You must provide any information required when creating a Bots Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
5.3. Insufficient Funds. If you have an insufficient amount of Funds in your Bots Account to complete an order via the Services, we may cancel the entire order or may fulfill a partial order using the amount of Funds currently available in your Bots Account, less any fees owed to we in connection with our execution of the trade(s) (as described in Section 9 below).
5.4. Taxes. It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding, or remitting any taxes arising from any trades.
5.5. Compliance with all applicable laws and regulations. You represent, warrant and undertake that you have and shall at all times comply with all applicable laws and regulations in all jurisdictions relevant to any Service provided or made available by us to you.
5.6. Security of Account. It is your responsibility to keep your login details and account information safe and secure. All actions performed using your account are deemed to be done by your or by someone authorised by you.
6. Funds in Bots Account
Ownership of Funds. You hereby represent and warrant that any Funds transferred to your Bots Account from an External Account or otherwise used by you in connection with the Services are owned by you legally and beneficially, and that all orders, investment strategies, trades and transactions initiated with your Bots Account are for your own account and not on behalf of any other person or entity.
7.1. Market volatility. Particularly during periods of high volume, illiquidity, fast movement, or volatility in the marketplace for any particular one or more Trading Bots, the actual market rate at which a trade is executed may be different from the prevailing rate indicated via the Services at the time of your order or trade. You understand that we are not liable for any such price fluctuations. In the event of a market disruption or Force Majeure event (as defined in Section 22), we may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services, including closing any open positions. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such an event.
7.2. Independent Relationship, No Advice. You acknowledge and agree that: (a) we are not holding monies and/or Funds as your trustee, and are not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by us shall be considered or construed as advice.
We shall 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 investment strategies, investment parameters, or other written or oral communications from us as investment recommendations or advice or as expressing our view as to whether a particular trade, investment strategy, or Trading Bot 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 Trading Bots services. 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.
7.3. You agree and understand that any tutorial, Frequently-asked Questions, videos, guidelines or templated made available on the Platform is for illustration purposes only and should not be treated as personal and/or financial advice. You are at your own risk should you take it as any kind of advice.
8. Risk Disclosure
8.1. Please refer to the Risk Disclosure Statement which is available at [https://www.kucoin.com/news/en-futures-risk-disclosure-statement].
8.2. Nothing provided by us or available on the Platform shall be construed as legal advice. You may reside in a jurisdiction which prohibits dealing with crypto assets. If you are unsure the states of dealing with crypto assets in your jurisdiction, please seek professional legal advice in your jurisdiction.
8.3. You must read the Terms carefully before start trading. Certain Trading Bots are provided by third party service providers. If you accept the use of Trading Bots are provided by third party service providers, you agree and acknowledge that we are not responsible for the services provided by third party service providers
9.1. Amount of Fees. You agree to pay the fees for trades completed via our Services (“Fees”) as made available via the Fees, which we may change from time to time. Changes to the Fees are effective as of the effective date indicated in the posting of the revised Fees to the Services, and will apply prospectively to any trades that take place following the effective date of such revised Fees.
9.2. Third-Party Fees. In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.
9.3. Payment of Fees. You authorize us, or our designated payment processor, to charge or deduct your Bots Account for any applicable Fees owed in connection with trades you complete via the Services.
10. Electronic Notices
10.1. Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that we provides in connection with your Bots Account and/or use of the we Services. You agree that we may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through the Help Center to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
10.2. Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by contacting the Help Center. If you decline or withdraw consent to receive electronic Communications, we may suspend or terminate your use of the Services.
10.3. Updating Contact Information. It is your responsibility to keep your email address on file with we up to date so that we can communicate with you electronically. You understand and agree that if we sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.
11. Availability of Trading Bots
11.1. We endeavour to make reasonable efforts to ensure that the Trading Bots are available at all times. However, you acknowledge and agree that the Services are provided to you over the internet and mobile networks which means the delivery, quality and/or availability may be subject to factors beyond our reasonable control which may include internet disruption and/or communication system failure. We are not responsible for any unavailability or difficulty in accessing the Services by you and any consequential losses.
11.2. We may update, modify, or adapt Trading Bots from time to time to enhance your experience. We are not responsible for any consequential downtime and any losses suffered by you.
12. Acceptable Use
12.1. When accessing or using the Services, you agree that you will not violate any law 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:
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;
Use our Services to pay for, support 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 Trading bot); money-laundering; or terrorist activities; or other illegal activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
Use or attempt to use another user’s account without authorization;
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;
Introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
Develop any third-party applications that interact with our Services without our prior written consent;
Provide false, inaccurate, or misleading information;
Encourage or induce any third party to engage in any of the activities prohibited under this section.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, and ideas or other information or materials regarding we or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and shall become the sole property of we. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. You also acknowledge and agree that we have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our website.
14. Copyrights and Other Intellectual Property Rights
14.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the we or we logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Materials”) are the proprietary property of ours or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
14.2. We hereby grant you a limited, nonexclusive, and non-sublicensable license to access and use the Materials for your personal use. Such license is subject to these Terms and does not permit (a) any resale of the Materials; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Materials, or any portion thereof; or (d) any use of the 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.
15. Third-Party Content
In using our Services, you may view content 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, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
16. Suspension; Termination
In the event of any Force Majeure Event (as defined in Section 22.6), breach of these Terms or any laws or regulations, or any other event that would make provision of the Services commercially unreasonable for we, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services and/or as may be required by applicable laws, file a suspicious transaction report with the relevant authorities or otherwise report to or inform the relevant authorities or take any other steps to protect our interests as we deems appropriate. We may also terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Bots Account and all related information and files in such account 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 access to the Services or deletion or deactivation of your Bots Account: (a) all amounts payable by you to we will immediately become due; (b) we may cancel any open orders or other transaction requests that are pending at the time of discontinuation or termination or deletion or deactivation;(c) we will, where possible, return any Funds stored in your Bots Account not otherwise owed to we and/or will use commercially reasonable efforts to provide you with a period of 90 days to transfer affected Funds from your Bots Account, unless prohibited by applicable laws or regulations or by order of law enforcement or governmental authority, or we believes you have committed fraud, negligence or other misconduct; and/or (d) we may take such other steps as we deems necessary or desirable to protect its own interests. We are not and shall not be responsible or liable for any loss or damages incurred as a result of or arising from any actions taken under this section.
17. Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of our Services, which may include but is not limited to suspending trading in or ceasing to offer Services in respect of any of the Trading Bots or prohibiting use of the Services in or from certain jurisdictions.
18. Disclaimer of Warranties
18.1. 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.
18.2. You acknowledge that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third-party providers, internet outages, force majeure event or other disasters including third-party Distributed Denial of Service attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
19. Limitation of Liability
19.1. Except as otherwise required by law, in no event shall we, 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 we Materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from we, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft of, destruction of or unauthorized access to our records, programs or services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
19.2. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of we (including our directors, officers, members, employees, and agents), 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, we or to these terms exceed the fees paid by you to we during the 12 months immediately preceding the date of any claim giving rise to such liability.
19.3. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any Trading Bots that you may adopt. We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete a trade or transaction or is authorized to do so. If you experience a problem with any services purchased from, or sold to, a user using the Services, or if you have a dispute with such user, you should resolve the dispute directly with that user. If you believe a user has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify the Help Center if you have any questions.
19.4. You acknowledge that there is no guarantee fund established or other arrangements in place to cover or compensate you for any pecuniary loss suffered by you as a result of any defaults by or the insolvency of any other users of the Services.
You agree to defend, indemnify and hold harmless we (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms or any agreement incorporated by reference in these Terms; and/or (d) your violation of any rights of any other person or entity or of any laws and regulations including but not limited to anti-money laundering and countering the financing of terrorism laws and regulations. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
21. Applicable Law and Disputes Resolution
Please read the following paragraph carefully because it requires you to settle disputes with us and it limits the manner in which you can seek relief.
You and we agree to notify each other in writing of any dispute within thirty (30) days of when it arises. You and we further agree that you and we shall spend not less than three (3) months on full communication, consultation, or mediation before either party submits the disputes in question for litigation. If no settlement can be reached through consultation, the litigation shall be under the jurisdiction of the court located in the place where the plaintiff has his/her/its domicile.
These Terms shall be governed by and construed in accordance with English Common Law. The International Business Companies Act 2016 is the principal legislation that governs corporates in the Republic of Seychelles.
22. Insurance Fund
22.1 You acknowledge and agree that in the event that your particular position is closed and unable to be better than the bankruptcy price, we shall have the right to use the insurance fund (if available) to make up for the losses caused hereof with the intention of reducing the possibility of auto-deleveraging.
22.2 You further acknowledge and agree that we shall, at its own sole discretion, determine: (a) whether to use the insurance fund in a particular event; and (b) the specific amount of the insurance fund to be spent in a particular event, and such decision shall be final.
22.3 The above particular event set out in Section 22.2 shall include, without limitation: (a) the downtime of the system; and (b) the hacker attack which causes we user assets to be stolen.
23.1. Entire Agreement; Order of Precedence.
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. 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 we product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with we, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
23.2. Third-Party Rights
A person who is not a party to these Terms has no right to enforce any term of these Terms.
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 provide you with notice of such changes, such as by sending an email, providing notice on the homepage of our website and/or by posting the amended Terms via the applicable we websites and mobile applications and updating the “Last Updated” date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for pre-existing users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after we provides notice of such changes. 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 and contact us to terminate your account.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
23.6. 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 its 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 Trading bots, the Services and/or the Bots Accounts and Funds held therein, or equipment or software malfunction or any other cause beyond our reasonable control (each, a “Force Majeure Event”).
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from we, including by operation of law or in connection with any change of control. we may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
23.9. Governing language and translations
Sections 2 (Eligibility), Section 3 (Bots Account), Section 8 (Risk Disclosure), Section 9 (Fees), Section 11 (Unclaimed Property), Section 13 (Feedback), Section 14 (Copyrights and other Intellectual Property Rights), Section 15 (Third-Party Content), Section 18 (Disclaimer of Warranties), Section 19 (Limitation of Liability), Section 20 (Indemnity), Section 21 (Applicable Law; Arbitration) and this Section 22 (Insurance Fund), Section 23(Miscellaneous) shall survive any termination or expiration of these Terms.