Terms of Use
KuCoin Info is a digital asset information service Platform (hereinafter referred to as the “Platform"). The Platform provides services to Users (hereinafter referred to as the “Users") in accordance with the terms and conditions of this Agreement (defined below), and this Agreement shall be legally binding between the Users and the Platform. The Platform hereby reminds the Users to carefully read and fully understand the terms and conditions of this Agreement, especially those terms and conditions of this Agreement that exclude or limit the liability of the Platform and exclude or restrict the rights and interests of the Users. The Users shall read carefully and choose to accept or reject this Agreement. Unless a User accepts all the terms and conditions of this Agreement, the User shall not be entitled to use the services provided by the Platform. If the User does not agree to the content of this Agreement or refuses to recognize the right of the Platform to make unilateral amendments to this Agreement at any time, the User shall promptly cease to access the Platform. By using the services offered, a User is deemed to fully understand and fully accept all the terms and conditions of this Agreement, including any amendments that the Platform may make to this Agreement at any time.
For the convenience of wording in this Agreement, the Platform is collectively referred to as "we" or other applicable forms of first-person pronouns in this Agreement. All natural persons and other visitors who log onto this Website shall be referred to as "you" or any other applicable forms of the second-person pronouns. You and we are collectively referred to as “both parties”, and individually as “one party” herein.
Chapter 1 Definition and Interpretation
Article 1 In this Agreement, the following terms and expressions shall have the meanings ascribed to them below, unless any term or condition herein requires otherwise:
(1) Agreement: consists of this Service Agreement, the Privacy Policy, as well as any other rules, statements and guidelines inter alia that have been or may be released or published on the Platform.
(2) Force Majeure: includes maintenance of information network equipment, failure of access to information networks, failures of computer, communication or other systems, power failures, weather, accidents, industrial actions, labor disputes, riots, insurrections, disturbances, inadequacy in productivity or means of production, fires, floods, storms, explosions, wars or other factors on the part of cooperation partners, collapse of the digital asset market, government actions, judicial or administrative orders, and other circumstances that are beyond the control of the Platform.
(3) Affiliate(s): if a company directly or indirectly controls another company, or is directly or indirectly under the control of another company, or otherwise has significant influence over another company or is under the significant influence of another company, the former is then an affiliated company of the latter;
(4) Intellectual Property Rights: shall have the meaning ascribed to it under Article 41 of this Agreement;
(5) Digital Assets: any cryptographic tokens including any Supported Cryptocurrencies and Supported NFTs (as applicable);
(6) DEXs: any decentralised exchange on which you may stake, swap, purchase or sell cryptocurrencies;
Article 2 All codes or statutes or administrative regulations cited in this Agreement shall refer to the latest amended version thereof, regardless of whether such amendment is made before or after the signing of this Agreement.
Article 3 The headings of the terms and conditions of this Agreement are for convenience only and shall not be used for the purpose of interpreting the terms and conditions of this Agreement. References herein to any statement, term, condition, annex, schedule shall refer to statements, terms, conditions, annexes, and schedules hereunder.
Article 4 The term “include” used herein shall, under any and all circumstances, always have the meaning ascribed to the term, unless this Agreement requires otherwise.
Article 5 Unless it is agreed otherwise herein, should there be any conflict or inconsistency between the documents hereunder, the validity of the documents shall be prioritized in the following order, so as to resolve such conflict or inconsistency:
(1) User Service Agreement of KuCoin Info;
(2) Privacy Policy of KuCoin Info;
(3) other agreements, rules and guidelines as may be implemented from time to time.
Chapter 2 Basic Terms of the Platform
Article 6 The Platform is a digital asset information service platform. The Platform services are provided by this Company to its Users through App. The specific content of the services mainly includes: release of digital asset industry information and other news services, subject to the content of the services actually provided by the Platform.
Article 7 In order to protect your rights and interests, you should carefully read and fully understand all the terms and conditions of this User Service Agreement before you voluntarily use the Platform services. Upon your use of the Platform, it shall be deemed that you fully understand and accept this Agreement and any and all subsequent amendment that the Platform may make thereto at any time; and if you breach this Agreement, you shall be held contractually responsible for any and all legal consequences of such breach.
Article 8 The Platform may amend this Agreement at any time. Upon any change to the content of this Agreement, the Platform will release the latest version of this User Service Agreement, as amended, without notifying each User one by one. If a User does not agree with the amendment of this Agreement made by the Platform, the User has the right to stop using the Platform services. If the User continues to use the Platform services, it is deemed that the User accepts the amendment(s) made by the Platform to this Agreement and the User will adhere to the terms and conditions of this Agreement as amended.
Chapter 3 Content of Platform services for Users
Article 9 The Platform provides the following services to Users:
(1) relevant information disclosed by digital assets projects;
(2) real-time quotation and relevant information of various digital assets projects;
(3) other services publicly announced by the Platform.
Article 10 The Platform, as is entrusted by digital asset project owners, releases information related to digital assets in accordance with Article 10 of this Agreement. The Platform is only responsible for reviewing the text of information released by the digital asset project owners, and does not guarantee or assume any responsibility for the accuracy, completeness or legality of such information. The Users shall make decisions based on their independent judgment and shall engage their own advisors and/or conduct their own research. If Users conduct digital asset transactions on the DEXs based on such information, the risks arising therefrom shall be borne exclusively by the Users themselves, and the Users have no right to propose any legal claim to the Platform on the basis of such risks. Any dispute between a User and the digital asset project owner arising from or related to transaction shall be settled by and between the parties to the dispute themselves, and the Platform shall not bear any legal liability whatsoever.
Article 11 Except for the services listed under Article 9 of this Agreement and the other services announced by the Platform, the Platform cannot provide any investment, legal, taxation or other professional opinions to the Users in connection with digital asset transactions. Moreover, any information, discussion, analysis, price and other information provided by any Platform are general comments and do not amount to advice to the Users in connection with any digital asset transaction. A User that needs any professional advice should consult relevant professionals for professional advice on investment, law, taxation or other professional advice related to digital cash transactions. The Platform does not assume any direct or indirect losses (including any loss of profits) caused by a User's reliance on the above-mentioned general comments.
Article 12 The services provided by the Platform shall not be understood or used to make offers to Users in any country or region that determines that the services provided by the Platform are illegal.
Article 13 The Platform has the right to amend, suspend or permanently terminate some or all of the services the Platform provides to a User for any of the following reasons:
(1) as is required by any of the laws, regulations, rules and orders of the sovereign country or region where the User is based;
(2) as may be necessary for the Platform to protect the legitimate interests of the Platform or customers thereof;
(3) any other justifiable reason.
Article 14 If the Platform modifies, suspends or permanently terminates some or all of the services that the Platform offers to a User based on Article 13 of this Agreement, the effective date of such modification, suspension or termination shall be subject to the Platform’s announcement.
Chapter 4 Guarantees and Undertakings of Users
Article 15 The Users undertake that they will never use the Platform services for any illegal purpose or in any illegal way, and undertake to abide by the relevant laws and regulations of the country where they are located, as well as all international practices relating to the use of the Internet, and to abide by all network protocols, rules and procedures related to the Platform services.
Article 16 The Users agree and guarantee that they will not use the Platform services to engage in any infringement of the rights and interests of any other person or for any illegal conduct, and they shall bear any and all legal liabilities if they breach such guarantee. The above-mentioned infringements and conduct include:
(1) engaging in any illegal transaction, such as trafficking of firearms, narcotics, forbidden drugs, pirated software or other prohibited items;
(2) providing gambling information or inducing in any manner any other person to engage in gambling;
(3) engaging in suspected money laundering, cash-out or pyramid selling activities;
(4) engaging in any conduct that may result in vulnerability to computer virus or may damage the Platform services system or data therein;
(5) using the Platform services system to engage in any activity that may adversely affect the normal operation of the Internet or mobile computer network;
(6) using any technical means or other means to interfere with the normal operation of the Platform or interfering with the use of Platform services by any other User;
(7) maliciously defaming the goodwill of the Platform by fabrication or exaggeration;
(8) any other conduct that is justifiably deemed by the Platform as inappropriate.
Article 17 The User agrees that if any third party initiates or launches any claim or demand for compensation (including attorney fees) on the ground that the User breaches this Agreement or violates any document that is incorporated into this Agreement by reference and becomes a part of this Agreement, or that the User’s use of the Platform services violates any law or infringes on any right of the third Party, the User will indemnify and hold harmless the Platform and affiliated parties thereof, cooperation partners, directors and employees thereof against such claim or demand.
Article 18 The Users agree that the Platform has the right to place various commercial advertisements or other commercial information of any kind in various ways during the course of providing Platform services (including placing advertisements on any page of the Platform website).
Chapter 5 Service Interruption or Failure
Article 19 The Users agree that in view of the unique nature of the Internet, the Platform does not guarantee that services will not be interrupted, nor does it guarantee the timeliness and/or security of the services. If the system is unable to operate normally due to any event, as a result of which the Users cannot use any of the Platform services or their use of the services is adversely affected, the Platform shall not be held responsible to the Users or any third party. The aforesaid events include:
(1) where the Platform system is shut down for maintenance;
(2) where there is any error or failure in the telecommunication equipment, as a result of which it is impossible to transmit data;
(3) where the Platform services are interrupted or delayed due to such factors as hacker attacks, technical adjustments or failures on the party of network service providers, or website upgrades, inter alia;
(4) where the Platform system is unable to function due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, inter alia.
Chapter 6 Scope and Limitation of Responsibilities
Article 20 The Platform does not provide any form of guarantee for any Platform services, including the following:
(1) Platform services will meet the needs of Users;
(2) Platform services will be provided in a timely manner without any interference or error;
(3) all information, programs, text, data and other information contained in the Platform are completely safe and free from interference and destruction by any malicious programs such as viruses and Trojans;
Article 21 The quality and content of services provided by any cooperation partner of the Platform services shall be the responsibility of such cooperation partner itself. The content of the Platform may involve other websites owned, controlled or operated by third parties (hereinafter referred to as "Third-party Websites"). The Platform cannot guarantee, and has no obligation to guarantee the authenticity and validity of any information on the Third-party Websites. The Users confirm to use the Third-party Website in accordance with the service agreement of the Third-party Websites instead of this Agreement. The Third-party Websites are neither recommended nor introduced by the Platform. The Users shall judge the content, products, advertisements and any other information of the Third-party Websites at their discretion and assume the corresponding risk on their own, all of which are not related to the Platform in any manner whatsoever. The Users shall judge at their sole discretion any and all data that they download or obtain by using the Platform services an assume relevant risks; any and all damage caused by the downloaded data shall be exclusively borne by the Users.
Article 22 The advice or information obtained by Users through Platform services, whether written or oral, do not constitute any guarantee for Platform services.
Article 23 The Platform does not guarantee the accuracy, validity, security or integrity of the external links that it lists in order to provide convenience to the Users. Furthermore, the Platform does not assume any responsibility for the content on any web page that such external links may point to and that is not actually controlled by the Platform.
Article 24 To the extent permitted by law, the Platform shall not be held liable in any manner whatsoever for any indirect, punitive, special and derivative losses (including business losses, loss of profits, loss of use data or other economic benefits) in connection with or arising from this Agreement, or arising from using the Platform, or from using any of the information, content, materials and services provided to the Users through the Platform, regardless of how they arise, and regardless whether they arise due to any breach of this Agreement (including any breach of the guarantees or undertakings hereunder) or infringement. In addition, even if the exclusive relief provided in this Agreement does not achieve its basic purpose, the Platform shall also be excluded from any liability for the above losses.
Article 25 Unless this Agreement stipulates otherwise, under any and all circumstances, if a User breaches this Agreement or any of the laws and regulations of the country where the User is located, and consequently causes any damage to the Platform, the User shall indemnify the Platform against any and all direct and/or indirect losses (including litigation costs, inter alia).
Article 26 The Users recognize that common law remedies for breach of agreement or possible breach of agreement may not be sufficient to cover all or part of the losses suffered by the non-breaching party. Therefore, the Users agree that the Platform has the right to seek injunctive remedies and all other remedies permitted by common law or equity in the event of breach or possible breach of agreement by the other party to this Agreement.
Article 27 The guarantees and undertakings made by the Platform in this Agreement are the only guarantees and representations on the basis of which the Platform provides the services under this Agreement (hereinafter referred to as "agreement guarantees"), and shall supersede all the guarantees and undertakings made in any other forms and manners (hereinafter referred to as "non-agreement guarantees"), whether the non-agreement guarantees are made in writing or orally, explicitly or implicitly. All agreement guarantees are exclusively made only by the Platform, and are binding on the Platform only, and are not binding on any third party.
Article 28 Users acknowledge and agree that the Platform does not waive any right to which the Platform is entitled and limits, exempts or offsets the Platform's liability for damages to the maximum extent permitted by law, even if such right is not referred to herein.
Chapter 7 Risk Warnings
Article 29 The Platform does not provide any guarantee or condition to any Users, whether express, implied or statutory. The Platform cannot and does not attempt to control the information released by project owners. The Platform does not undertake any form of certification and authentication services for such information. The Platform cannot fully guarantee the authenticity, sufficiency, reliability, accuracy, integrity and validity of all content on the Platform, and does not need to bear any legal responsibilities arising therefrom.
Article 30 The Platform does not make any express or implied guarantee for its Users to use the Platform services, including but not limited to the applicability, absence of errors or omissions, continuity, accuracy, reliability and suitability for a particular purpose. Furthermore, the Platform does not make any undertaking and guarantee in connection with the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technologies and information involved in the services provided by the Platform.
Article 31 Under any and all circumstances, the third party shall be responsible for the services that are provided by such third party and are involved in the Users’ use of the Platform services, and the Platform shall not bear such responsibility.
Chapter 8 Termination of Agreement
Article 32 The termination of this Agreement does not affect the non-breaching party's claim against the breaching party that the breaching party shall be liable for breach of agreement before the termination of other agreements, nor does it affect the performance of the post-contractual obligations under this Agreement.
Chapter 9 Protection and Authorization of Personal Information
Article 33 The personal information under Chapter 9 of this Agreement shall include the following information:
(1) the server data in the Users’ browser that the Platform automatically receives and records when the Users use the Platform or access the Platform, including but not limited to IP address and other data and web page records required by the Users;
(2) personal information of other Users legally obtained by the Platform.
Article 34 Without additional consent from the Users, the use of the Users on the Platform shall be deemed as the Users’ consent that the Platform may collect, use or disclose the Users’ personal information, and the Users understand and agree that the Platform may use the collected personal information of the Users for the following purposes:
(1) providing Platform services to Users;
(2) reporting to relevant departments based on the requirements of relevant competent departments of sovereign countries or regions;
(3) to assist the Platform in designing new products and services and in collecting and sorting out information to improve the existing service objectives of the Platform;
(4) the Platform transfers or discloses the Users’ information to any unrelated third party in order to complete merger, demerger, acquisition or asset transfer;
(5) to invite Users to participate in surveys about relevant Platform services;
(6) to be used in data analysis for cooperation with government agencies, public affairs agencies, associations, inter alia;
(7) to be used to resolve disputes or mediate in disputes;
(8) to be used for all other legitimate purposes and other purposes authorized by the Users.
Article 35 The Platform automatically tracks certain information on Users in connection with their conduct on the Platform. On the precondition of not disclosing the Users’ privacy, the Platform has the right to analyze the entire User database and make commercial use of the User database.
Article 36 The Users agree that the Platform can use data collection devices such as "cookies" on some web pages of the Platform.
Article 37 The Platform shall protect the Users' data in accordance with relevant laws and regulations. The Users’ data may not be sold maliciously or shared with any third party free of charge, except for under the following circumstances:
(1) suppliers that provide independent services and only require information related to and necessary for the services;
(2) government departments or other institutions that have legal access to information and retrieve information through legal channels;
(3) affiliated companies of the Platform;
(4) third parties approved by the Platform Users or the authorized representative of the Platform Users.
Article 38 Unless the law requires otherwise, the User shall authorize the Platform, for the purpose of providing better services and products to the Users, to inquire and collect User information and provide such information to partners with which the Platform cooperates as may be necessary for the services.
Article 39 In order to ensure the safety of User information, the Platform and its partners are obligated to keep confidential the above information and take various measures to ensure the safety of the information.
Article 40 The provisions under chapter 9 of this Agreement shall come into effect upon the signing of this Agreement, have independent legal effect, and may not be affected by the formation of the contract or the change of its effective status.
Chapter 10 Protection of Intellectual Property
Article 41 Intellectual property rights, including trademark rights, patent rights, copyrights, trade secrets, and so on, to all the content on the platform, including works, pictures, archives, information, materials, platform architecture, the arrangement of the platform screen, platform design, text and graphics, software compilation, the relevant source code and software, are legally owned by the Platform or other rights-holders.
Article 42 Without the written consent of the Platform or other rights holders, no one is allowed to use, modify, copy, publicly disseminate, change, distribute, release or publicly publish the Platform program or content without due authorization.
Article 43 The Users are not allowed to download (except for web page caches) or modify the Platform or any part thereof without the explicit written consent of the Platform. The Users are not allowed to resell or make commercial use of the Platform or any of content thereof; the Users may not: collect and use product catalogues, descriptions and prices, make any derivatives of the Platform or content thereof. In addition, it is strictly prohibited to use the content and materials on the Platform for any purpose that is not explicitly permitted by the terms of use.
Article 44 Without the explicit written consent of the Platform, the Platform website or any part thereof may not be copied, photocopied, duplicated, sold, resold, accessed or otherwise used for any commercial purpose. Without the explicit written consent of the Platform, the Users are not allowed to use any technique to acquire any of the trademarks, logos or other proprietary information (including images, text, web designs or forms) of the Platform or affiliated companies thereof. Without the explicit written consent of the Platform, Users are not allowed to use the name or trademark of the Platform or affiliated companies thereof in the form of meta tags or any other "hidden text". Any such unauthorized use will result in termination of the permit or license granted by the Platform.
Article 45 Neither the Users’ use of any service provided by the Platform shall be deemed as the transfer of any intellectual property rights from the Platform to Users. The Users are subject to the obligation to respect intellectual property rights, and should the Users infringe on any of the intellectual property rights, the User shall bear legal liabilities to the Platform, including indemnifying the Platform against damages that may arise therefrom.
Chapter 11 General Provisions
Article 46 This Agreement is jointly signed by the Users and the Platform and is applicable to all activities of the Users on the Platform. The content of this Agreement includes the terms and conditions of the main body of the Agreement and various rules that have been issued or may be issued in the future. All the terms, conditions, and rules are an integral part of this Agreement and shall have the same legal effect as the main body of this Agreement.
Article 47 If any term or condition of this Agreement is deemed to be unenforceable, invalid or illegal by any competent authority, the validity of the other terms and conditions of this Agreement shall not be affected.
Article 48 The rights and obligations agreed on in this Agreement shall also be binding on the transferees, heirs, executors and administrators of all parties hereto that have obtained benefits from the rights and obligations through transfer or assignment of such rights and obligations. The Platform may transfer its rights and obligations under this Agreement to any third party at any time, with a notice to the Users thirty (30) days prior to the transfer.
Article 49 If any term or condition in this Agreement becomes totally or partially invalid or unenforceable for any reason, it shall be deemed that the term or condition can be separated from this Agreement and replaced by a new and effective term or condition that is as close as possible to the intentions of the parties and that can preserve the economic purposes required by this Agreement. Moreover, in this case, the other terms and conditions of this Agreement shall remain fully valid and binding.
Article 50 Unless it is otherwise agreed in this Agreement, nothing in this Agreement shall be deemed to have created, implied or otherwise treated the Platform as an agent, trustee or other representative of the Users.
Article 51 The failure of either party hereto to exercise any of the rights thereof hereunder or seek remedies in connection with a single event does not affect the subsequent exercise of such rights or seeking of remedies in connection with such event or other events.
Article 52 Waiver of breach of agreement or waiver of any term or condition of this Agreement shall take effect only after the non-breaching party or the party that does not seek such waiver signs in writing to agree to the waiver. Any waiver of breach of agreement under this Agreement cannot be deemed or interpreted as an exemption of the non-breaching party from any subsequent breach of agreement or other breach of agreement. Failure to exercise any right or remedy shall not be construed as a waiver of such right or remedy in any way.
Article 53 This Agreement is concluded in accordance with the laws of the Republic of Seychelles, and its establishment, interpretation, content and performance shall be governed by the relevant laws and regulations of the Republic of Seychelles. Any claim or lawsuit arising out of or in connection with this Agreement shall be interpreted and enforced by the laws of the Republic of Seychelles.
Article 54 Unless otherwise agreed by other rules under this Agreement, both parties agree that any claims or lawsuits arising from or related to this Agreement shall be submitted to the Singapore International Arbitration Commission for arbitration.
Article 55 This Agreement shall enter into force when the Users use the KuCoin Info App, and shall be binding on the Users and this Platform.
Article 56 The ultimate power to interpret this Agreement shall be vested in this Platform.