IMPORTANT INFORMATION ABOUT USE OF THE PIONEX.US PLATFORM AND RISK DISCLAIMER

By accessing the website https://www.pionex.us and any webpages thereof, and the Pionex.US mobile application (available for free download at App stores for iOS and Android mobile device operating systems) (collectively, the “Platform”), you acknowledge that you have read the following information and accept the terms and conditions set out below, and agree to be bound by this document. This document (“Pionex.US Risk Disclaimer”) shall constitute part of Pionex.US User agreement between you and Pionex.US. The terms “you” or “your” in this document refer to both you personally and any other person on whose behalf you are accessing the Platform as the context requires, which shall be subject to Pionex.US’s prior permission. We may change this document along with other documents or agreements between you and the Platform from time to time by posting such changes on the Platform without notice to you.  By visiting or using the Platform, you are deemed to have agreed to the terms of this document along with other documents  and agreements as then posted on the Platform.

General 

The Platform is operated by Pionex Inc., a Delaware company (hereinafter referred to as “Pionex.US”, “we”,”us” and “our”).

If you are in any doubt as to the contents of the Platform, you should obtain independent professional advice.

The Platform is not directed at, nor intended to be distributed to, or accessed or used by, any person in any Prohibited Jurisdiction as defined in Pionex.US User Agreement, including but not limited to Russia, Cuba, Iran, North Korea, and Syria.  Persons in respect of whom such prohibitions apply must not access the Platform.  It may be unlawful to access or download the information on the Platform in certain jurisdictions, and to the greatest extent permitted by law, we disclaim all responsibility if you access or download any information from the Platform in breach of any law or regulation of the jurisdiction in which you reside or are then present.  By proceeding, you are representing and warranting that the applicable laws and regulations of your jurisdiction allow you to access the information on the Platform.

Anti-money laundering and counter-terrorist financing (AML/CTF) and regulatory compliance

Pionex.US is committed to complying with all applicable laws, regulations and regulatory standards and guidance related to AML/CTF, including but not limited to, the International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation issued by the Financial Action Task Force, and the Bank Secrecy Act and the USA PATRIOT Act of the United States.

Pionex.US has implemented a robust AML/CTF compliance program in compliance with all applicable AML/CTF requirements it is subject to.

As provided in the User Agreement and Privacy Policy, you agree to Pionex.US’s collection and use of your personal data to enable Pionex.US to comply with AML/CTF and other regulatory requirements.

No offer

The contents of the Platform have been provided for the purposes of information and arms-length transactions only and do not constitute any solicitation to buy, offer to sell, or advice or recommendation to buy, sell or otherwise acquire or dispose of, any interest in any investment, or any advice or recommendation to pursue any investment strategy.

No advice

The Platform allows users that have registered to open an account with Pionex.US to trade cryptocurrency with Pionex.US in a principal capacity.  After accepting a user order, the Platform will uses reasonable efforts to complete the user’s order.  Users can utilize various proprietary automated trading systems (“Robots”) offered by Pionex Investments Inc., which is an independent third party in executing their trades by filling in the trading parameters in respect of the chosen Robots.  The operation of any Robots is dictated by the parameters set by the user.  No Robots has the ability to exercise any discretion with regard to any trade position without the input of the user.  A user may stop the operation of any Robots at any time, and withdraw all cryptocurrency involved, including principal and realized profit or loss, at any time.

Pionex.US is not licensed in any jurisdiction as a broker, financial advisor, investment advisor, portfolio manager or tax advisor.  Nothing contained in the Platform constitutes investment, legal, tax or other advice.  You should not rely on the contents of the Platform as advice or to make any decision.  Before making any trading or investment decision, you should obtain professional advice specific to your circumstances, and obtain and read the terms and conditions and other information relevant to any trade or investment, including risk disclosures pertaining to such trade or investment.  Pionex.US does not make any determination as to the suitability of any trade or investment conducted on the Platform and makes no representation or warranty that any such trade or investment is suitable for you.  Any statement of risks of any trade or investment referenced on the Platform should not be regarded as a full disclosure of all risks.

By accessing the Platform, you acknowledge and agree that Pionex.US is not responsible for your use of any information that you obtain from the Platform, that your trading or investment decisions are made on your own for which you bear sole responsibility, and that you use the Platform and the Robots at your sole risk. Also, Pionex.US shall not be liable for any liability caused by your usage of any information that you obtain from the Platform.

Risk of trading and investments in cryptocurrency

As a user or potential user of the Platform and before you pay Pionex.US any money or cryptocurrency you should be aware of the following:

1. You should not transact in a cryptocurrency if you are not familiar with that cryptocurrency. Transacting in cryptocurrency may not be suitable for you. Once you transact on the Platform, your behavior shall be deemed willingly by yourself, and you shall be deemed to be fully familiar with the cryptocurrency and fiat currency (if involved in the transaction).   

2. You should be aware that the value of cryptocurrency may fluctuate greatly. You should buy cryptocurrency only if you are willing and prepared to accept the risk of losing all of the money you put into such assets.

3. Past performance is not indicative of likely future performance and the value of any cryptocurrency available on the Platform may go down as well as up.  Pionex.US does not guarantee the performance of any trade or investment, the return of any user’s principal or the achievement of any rate of return.

4. Investment in any of the digital assets available on the Platform carries substantial risk, including the possible loss of principal.  And performance and returns of any cryptocurrency may vary significantly over time.

5. Trading and investment in cryptocurrency available on the Platform are not suitable for all persons.  You should only trade or invest in a cryptocurrency after you have thoroughly reviewed the relevant information of the cryptocurrency.  You may wish to consult an independent financial adviser for personal and specific trading and investment advice before entering into any trade.

6. We may, in our sole discretion, open and/or maintain external wallets/accounts with third party cryptocurrency wallet solution providers and/or external cryptocurrency trading platforms (each, an “External Provider”) to custody and safe-keep all or part of your cryptocurrency, and/or to facilitate your trading and investment in cryptocurrency through Pionex.US. While we will undertake measures to carefully select and engage an External Provider, Pionex.US does not guarantee the security or functionality of an External Provider’s software or technology and is not responsible for any loss of cryptocurrency due to the failure of the External Provider’s software or technology. As a result, you may risk losing cryptocurrency that have been placed with an External Provider, and Pionex.US will not be liable you for such loss. Furthermore, no compensation shall be expected from Pionex.US under such circumstance.  

7. We use various blockchains and/or blockchain technology to process your cryptocurrency transactions, for example, the Ethereum blockchain.  All blockchains and/or blockchain technology may experience unintended events or consequences, including but not limited to backlogs, higher than normal transaction fees, changes to the network, failure, or forks in the protocol. We do not own or control any blockchain or blockchain technology, are not responsible for the operation of the blockchain network, and make no guarantee regarding the blockchain network’s security, functionality, or availability. You may suffer loss as a result of any such events or consequences, and we will not compensate you for such loss. You acknowledge and accept that we have sole discretion to determine our response to any operating change to any cryptocurrency protocol and that we have no responsibility to assist you with unsupported currencies or protocols.

No warranties

While Pionex.US believes in good faith that the information provided on the Platform is accurate and up-to-date, it gives no representations or warranties as to the accuracy or completeness of such information, and shall not be liable for any direct, indirect, consequential or special losses or damages of any kind arising from or in connection with the use of the Platform (including the use of any links on the Platform to external websites or resources) or the use of such information.  The information on the Platform is provided strictly for the purposes of information and arms-length transactions only, and does not constitute trading or investment advice.  No reliance may be placed for any purpose other than arms-length transactions on the information provided on the Platform or the accuracy or completeness thereof, and neither Pionex.US nor any of its affiliates, directors, officers or employees accepts any responsibility or liability in respect of any information provided on the Platform, which is subject to change without notice.  No content on the Platform is tailored to the specific needs of any person.  Contents on the Platform may not be used as a basis for any financial instrument, commodity or other product without the express prior written consent of Pionex.US.

Some contents on the Platform, including contents made available to the Platform through hyperlinks to external websites, platforms or sources, are provided to Pionex.US by unrelated third-party providers, including providers of pricing information for the cryptocurrency.  While Pionex.US selects such third-party content providers based on rigorous criteria and with reasonable care, Pionex.US does not review such third-party contents for accuracy, completeness or reliability, and does not warrant or guarantee their accuracy, completeness, reliability or any other aspect of such contents.  The performance of the Platform is directly linked to the performance of certain unrelated third-party services.  Pionex.US disclaims all responsibility for non-performance of such third-party services, and shall not be held liable for any performance issues of the Platform caused by failures of such third-party services.

Cryptocurrency and the trading and investment thereof are based on a new and insufficiently tested technology.  In addition to the risks described herein, there are other risks associated with your use of the Platform, and the purchase, holding, sale and use of cryptocurrency, many of which Pionex.US is not aware of and cannot anticipate.  Such risks may materialize in unanticipated ways as variations or combinations of the risks discussed herein or otherwise unknown.

To the maximum extent permitted by applicable law, Pionex.US hereby disclaims all implied warranties regarding the availability of the Platform.  Except as expressly provided herein, the Platform is made available to you “as is” and “as available” without warranty of any kind.  Pionex.US, its affiliates, directors, officers, employees and agents expressly disclaim all other representations, endorsements or warranties of conditions, express or implied, including, without limitation, merchantability, fitness for a particular purpose, title or non-infringement, completeness, security, reliability, suitability, accuracy, currency, availability, error-free or uninterrupted operation, or that defects will be corrected, or any warranty arising from a course of dealing, performance, or trade usage.  Your sole and exclusive remedy, and our sole obligation to you or any third party for any claim arising out of your use of the Platform is that you are free to discontinue your use of the Platform at any time.

To the maximum extent permitted by applicable law, Pionex.US does not guarantee or warrant that files or data available for downloading from the Platform will be free of viruses or other harmful codes or components.  You are solely responsible for your use of the Platform and your device and data security.  To the maximum extent permitted by applicable law, Pionex.US, its affiliates, directors, officers, employees and agents will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data, or other proprietary material due to your use of the Platform, or your downloading of any material posted on the Platform or any third-party platform linked to the Platform.

Limitation of liability

Pionex.US does not make any representations or warranties other than those explicitly mentioned in Pionex.US User Agreement.  The Platform has not been developed to meet your individual needs.

To the maximum extent permitted by applicable law, you acknowledge and agree that Pionex.US, its affiliates, directors, officers, employees or agents shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages that you may suffer in connection with your use of the Platform, however caused and under whatever theory of liability, including but not limited to, loss of profit, lost opportunities, loss of data, and other intangible loss.  By accessing the Platform, you acknowledge that you are fully aware of the risks of trading, investing in and using cryptocurrency and take full responsibilities for these risks.

Assignment

Pionex.US reserves the right to assign its Services without restriction, to any affiliate, holding company, subsidiary or business partner of Pionex.US, or to any successor in interest of any business associated with the Services.

Pionex.US shall close your account and terminate its relationship with you upon assigning its Services, rights and obligations to a third party. No claim shall be filed against Pionex.US after assignment.  

Availability of the website and software

The Platform is available on computers and handheld mobile devices running the Pionex.US App.  Pionex.US will use best efforts to make the Platform available at all times.  However, you understand and acknowledge that the Platform is provided over the internet and mobile networks and thus the quality and availability of the Platform may be affected by factors outside Pionex.US’s reasonable control.

Pionex.US does not accept any responsibility whatsoever for unavailability of the Platform, any difficulty or inability to download or access contents on the Platform, or any other system failure that may result in the Platform being not fully available or functioning.

Pionex.US is not responsible for providing any technical support or maintenance to you regarding the Platform.  Pionex.US may, at its own discretion, update, modify, or adapt the Platform and its functionalities from time to time to enhance user experience.  Pionex.US is not responsible for any downtime resulting from these actions.

Helpdesk

Pionex.US maintains an online helpdesk on the Platform that answers your questions about the Platform.  Pionex.US will only address questions about the functionalities of the Platform, and does not give you any personalized advice or recommend any system settings on your personal computers or mobile devices.  Pionex.US may upload general tutorials and instruction videos on the Platform to introduce the functionalities of the Platform. All tutorials, videos and other instruction materials uploaded by Pionex.US are for general usage only, and do not contain any personalized solutions.  Your use of all such services and materials is at your own risk.

PRIVACY

Pionex.US is committed to protecting the privacy, confidentiality and security of the personal information or personal data of users collected in compliance with all applicable data protection laws.  Pionex.US is equally committed to ensuring that all our staff comply with all our internal policies and standards on data security and confidentiality, and protect your personal data from unauthorised access, unlawful processing or accidental loss, destruction or damage.