Terms of use

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I.   SAFE POOLS

VYNKSFE brings SAFE POOLS to its platform, a feature that allows users to stake their single crypto assets and generate rewards while auto-compounding, all through a straightforward process.

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What are the SAFE POOLS?

SAFE POOLS are a unique feature brought by SAFE POOLS allowing users to stake their tokens and generate rewards. SAFE POOLS are always auto-compounding every 24 hours. The SAFE POOLS can do that for you in a single click.

Currently, the BUSD POOL is available for users. VYNC, BNB and more POOLS will open soon!

By staking BUSD into SAFE POOLS, you will be a liquidity provider, which is not risk-free. When the market price of tokens fluctuates significantly, the staking amount may be lower than the staked amount, called Impermanent Loss. For more details about impermanent loss, please refer to https://academy.binance.com/en/articles/impermanent-loss-explained
SAFE POOLS are still in beta. Please use it at your own risk.

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Managing Pricing:

We are fetching the VYNC prices from coinmarketcap through our database in SAFE POOLS. We are doing this to avoid any manipulation.

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Staking Limits

We use some functions in the contract to limit staking and unstaking amounts. There are some minimum and maximum bounds implemented on swap functionality which are off-chain.

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I.   Definitions

01)   VYNKSAFE:

refers to an ecosystem comprising VYNKSAFE websites (whose domain names include but are not limited to www.vynksafe.com), mobile applications, clients, applets and other applications that are developed to offer VYNKSAFE Services, and includes independently-operated platforms, websites and clients within the ecosystem (e.g. VynkPay & VYNK CHAIN). In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.

02)   VYNKSAFE Operators:

refer to all parties that run VYNKSAFE, including but not limited to legal persons, unincorporated organizations and teams that provide VYNKSAFE Services and are responsible for such services. For convenience, unless otherwise stated, references to “VYNKSAFE” and “we” in these Terms specifically mean VYNKSAFE operators.UNDER THESE TERMS, VYNKSAFE OPERATORS MAY CHANGE AS VYNKSAFE’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF VYNKSAFE OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW VYNKSAFE SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE VYNKSAFE SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED VYNKSAFE OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.

03)   VYNKSAFE Services

refer to various services provided to you by VYNKSAFE that are based on Internet and/or blockchain technologies and offered via VYNKSAFE websites, mobile applications, clients and other forms (including new ones enabled by future technological development). VYNKSAFE Services include but are not limited to such VYNKSAFE ecosystem components as Digital Asset Trading Platforms, the financing sector, Vynk Academy, Launchpad, Vynk Ultra Chain, existing services offered by VynkPay and novel services to be provided by VYNKSAFE.

04)   VYNKSAFE Platform Rules

refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by VYNKSAFE, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.

05)   Users

refer to all individuals, institutions or organizations that access, download or use VYNKSAFE or Its Services and who meet the criteria and conditions stipulated by VYNKSAFE. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.

06)   Digital Currencies

refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.

07)   Digital Assets

refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.

08)   VYNKSAFE Accounts

refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by VYNKSAFE for Users to record on VYNKSAFE their usage of VYNKSAFE Services, transactions, asset changes and basic information. VYNKSAFE Accounts serve as the basis for Users to enjoy and exercise their rights on VYNKSAFE.

09)   Crypto-to-crypto Trading

refers to spot transactions in which one digital currency is exchanged for another digital currency.

10)   Fiat Trading

refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.

11)   Collateral Accounts

refer to special accounts opened by Users on VYNKSAFE to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the VYNKSAFE Contract Services Agreement and VYNKSAFE Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.

12)   Loan/Lending

refers to VYNKSAFE’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by VYNKSAFE.

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II.   General Provisions

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1.   About These Terms

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a.   Contractual Relationship

These Terms constitute a legal agreement and create a binding contract between you and VYNKSAFE Operators.

b.   Supplementary Terms

Due to the rapid development of Digital Currencies and VYNKSAFE, these Terms between you and VYNKSAFE Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore,THE PRIVACY POLICY (（）), VYNKSAFE PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND VYNKSAFE ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF VYNKSAFE SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.

c.   Changes to These Terms

VYNKSAFE reserves the right to change or modify these Terms in its discretion at any time. VYNKSAFE will notify such changes by updating the terms on its website () and modifying the [Last revised] date displayed on this page.。ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF VYNKSAFE SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING VYNKSAFE SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF VYNKSAFE SERVICES.

d.   Prohibition of Use

BY ACCESSING AND USING VYNKSAFE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. VYNKSAFE RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF VYNKSAFE SERVICES IN CERTAIN COUNTRIES OR REGIONS.

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2.   About VYNKSAFE

As an important part of the VYNK Ecosystem, VYNKSAFE mainly serves as world's first decentralized crypto bank for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with VYNKSAFE, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.

Although VYNKSAFE has been committed to maintaining the accuracy of the information provided through VYNKSAFE Services, VYNKSAFE cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall VYNKSAFE be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about VYNKSAFE Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. VYNKSAFE does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on VYNKSAFE or any other communication medium. All Users of VYNKSAFE Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.

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3.   VYNKSAFE Account Registration and Requirements

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a.   Registration

All Users must apply for a VYNKSAFE Account at (https://accounts.vynksafe.com/en/register) before using VYNKSAFE Services. When you register a VYNKSAFE Account, you must provide your real name, email address and password, and accept these Terms, the Privacy Policy, and other VYNKSAFE Platform Rules. VYNKSAFE may refuse, in its discretion, to open a VYNKSAFE Account for you. You agree to provide complete and accurate information when opening a VYNKSAFE Account, and agree to timely update any information you provide to VYNKSAFE to maintain the integrity and accuracy of the information. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time. Institutional Users (including Users that are businesses and other legal entities) can open one or more sub accounts under the main account with the consent of VYNKSAFE. For certain VYNKSAFE Services, you may be required to set up a special account independent from your VYNKSAFE Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this article and article 6, unless otherwise stated in these Terms or the Supplementary Terms.

b.   Eligibility

By registering to use a VYNKSAFE Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using VYNKSAFE Services; (iv) you do not currently have a VYNKSAFE Account; (v) you are neither a U.S. User nor an Ontario (Canada)-based User; nor are you acting on behalf of a U.S. User or Ontario (Canada)-based User. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of VYNKSAFE Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.

c.   User Identity Verification

Your registration of an account with VYNKSAFE will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through VYNKSAFE, or for other lawful purposes stated by VYNKSAFE. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate.AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, VYNKSAFE RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF VYNKSAFE SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO VYNKSAFE DURING YOUR USE OF VYNKSAFE SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE VYNKSAFE TO CONDUCT INVESTIGATIONS THAT VYNKSAFE CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR VYNKSAFE FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.

d.   Account Usage Requirements

The VYNKSAFE Account can only be used by the account registrant. VYNKSAFE reserves the right to suspend, freeze or cancel the use of VYNKSAFE Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify VYNKSAFE immediately. VYNKSAFE assumes no liability for any loss or damage arising from the use of VYNKSAFE Account by you or any third party with or without your authorization.

e.   Account Security

VYNKSAFE has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for VYNKSAFE Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your VYNKSAFE Account and personal information.

You should be solely responsible for keeping your VYNKSAFE Account and password, and be responsible for all the transactions under your VYNKSAFE Account. VYNKSAFE assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.

By creating a VYNKSAFE Account, you hereby agree that:

1. you will notify VYNKSAFE immediately if you are aware of any unauthorized use of your VYNKSAFE Account and password or any other violation of security rules;
2. you will strictly abide by all mechanisms or procedures of VYNKSAFE regarding security, authentication, trading, charging, and withdrawal; and
3. you will take appropriate steps to logout from VYNKSAFE at the end of each visit.

f.   Personal Data

Your personal data will be properly protected and kept confidential, but VYNKSAFE has the right to collect, process, use or disclose your personal data in accordance with the Terms (including the Privacy Policy) or applicable laws. Depending on the products or services concerned, your personal data may be disclosed to the following third parties:

1. your transaction counterparty;
2. VYNKSAFE Operators, and the shareholders, partners, investors, directors, supervisors, senior managers and employees of such entities;
3. our joint ventures, alliance partners and business partners;
4. our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archival;
5. third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us;
6. insurance companies or insurance investigators and credit providers;
7. credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute;
8. business partners, investors, trustees or assignees (actual or expected) that promote business asset transactions (which can be broadened to include any merger, acquisition or asset sale) of VYNKSAFE Operators;
9. professional consultants such as auditors and lawyers;
10. relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;
11. assignees of our rights and obligations;
12. banks, credit card companies and their respective service providers;
13. persons with your consent as determined by you or the applicable contract.

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III.   VYNKSAFE Services

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Upon completion of the registration and identity verification for your VYNKSAFE Account, you may use various VYNKSAFE Services, including but not limited to, Crypto-to-crypto Trading, Fiat Trading, contract trading, leveraged trading, VYNKSAFE Savings services, staking, acquiring market-related data, research and other information released by VYNKSAFE, participating in User activities held by VYNKSAFE, etc., in accordance with the provisions of these Terms (including VYNKSAFE Platform Rules and other individual agreements). VYNKSAFE has the right to:

• Provide, modify or terminate, in its discretion, any VYNKSAFE Services based on its development plan; and
• Allow or prohibit some Users’ use of any VYNKSAFE Services in accordance with relevant VYNKSAFE Platform Rules.

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1.   Service Usage Guidelines

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a.   License

Provided that you constantly comply with the express terms and conditions stated in these Terms, VYNKSAFE grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use VYNKSAFE Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use VYNKSAFE Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding VYNKSAFE Services should be stipulated in the discretion of VYNKSAFE. VYNKSAFE reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using VYNKSAFE Services in any way not expressly authorized by these Terms.

These Terms only grant a limited license to access and use VYNKSAFE Services. Therefore, you hereby agree that when you use VYNKSAFE Services, VYNKSAFE does not transfer VYNKSAFE Services or the ownership of intellectual property rights of any VYNKSAFE intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through VYNKSAFE Services, are exclusively owned, controlled and/or licensed by VYNKSAFE Operators or its members, parent companies, licensors or affiliates.

VYNKSAFE owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about VYNKSAFE or VYNKSAFE Services that you provide through email, VYNKSAFE Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to VYNKSAFE. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.

b.   Restriction

When you use VYNKSAFE Services, you agree and undertake to comply with the following provisions:

1. During the use of VYNKSAFE Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of VYNKSAFE;
2. Your use of VYNKSAFE Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using VYNKSAFE Services;
3. You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
4. Without written consent from VYNKSAFE, the following commercial uses of VYNKSAFE data are prohibited:
   1. Trading services that make use of VYNKSAFE quotes or market bulletin board information.
   2. Data feeding or streaming services that make use of any market data of VYNKSAFE.
   3. Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from VYNKSAFE.
5. Without prior written consent from VYNKSAFE, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
6. You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of VYNKSAFE Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through VYNKSAFE Services; (ii) attempt to access any part or function of the properties without authorization, or connect to VYNKSAFE Services or any VYNKSAFE servers or any other systems or networks of any VYNKSAFE Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of VYNKSAFE Services or any network connected to the properties, or violate any security or authentication measures on VYNKSAFE Services or any network connected to VYNKSAFE Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of VYNKSAFE Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of VYNKSAFE Services or VYNKSAFE, or the infrastructure of any systems or networks connected to VYNKSAFE services; (vi) use any devices, software or routine programs to interfere with the normal operation of VYNKSAFE Services or any transactions on VYNKSAFE Services, or any other person’s use of VYNKSAFE Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to VYNKSAFE, or (viii) use VYNKSAFE Services in an illegal way.

By accessing VYNKSAFE Services, you agree that VYNKSAFE has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:

• Blocking and closing order requests;
• Freezing your account;
• Reporting the incident to the authorities;
• Publishing the alleged violations and actions that have been taken;
• Deleting any information you published that are found to be violations.

2.   Crypto-to-crypto Trading

Upon completion of the registration and identity verification for your VYNKSAFE Account, you may conduct Crypto-to-crypto Trading on VYNKSAFE in accordance with the provisions of these Terms and VYNKSAFE Platform Rules.

a.   Orders

Upon sending an instruction of using VYNKSAFE Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in VYNKSAFE’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, VYNKSAFE will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain incomplete until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize VYNKSAFE to temporarily control the Digital Currencies involved in your Transaction.

b.   Cancellation

For Orders initiated through VYNKSAFE Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel VYNKSAFE’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. VYNKSAFE reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, VYNKSAFE may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to VYNKSAFE are deducted as stated in paragraph (c) below).

c.   Fees

You agree to pay VYNKSAFE the fees specified in www.vynksafe.com/en/fee/schedule. VYNKSAFE may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize VYNKSAFE to deduct from your account any applicable fees that you owe under these Terms.

d.   Other Types of Crypto-to-crypto Trading

In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, VYNKSAFE may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated VYNKSAFE Platform Rules, such as One Cancels the Other (OCO) and block trade.

3.   Fiat Trading

Prior to conducting Fiat Trading, in accordance with type of fiat trading, you shall separately read and sign User Agreements with various VYNKSAFE partnered OTC platforms, and comply with the Legal Statement, Privacy Policy，P2P User Transaction Policy and other specific VYNKSAFE Platform Rules related to Fiat Trading as well as the business rules of such partners, and open an account on such VYNKSAFE OTC platforms, following the completion of the registration and identity verification for your VYNKSAFE Account, if applicable.

4.   Lending Services

Unless otherwise provided by VYNKSAFE, to borrow currencies, you must conclude with VYNKSAFE a separate Lending Services User Agreement and open a special Collateral Account and/or finish other relevant procedures, following the completion of registration and identity verification for your VYNKSAFE Account. You understand and agree that:

• There are considerable risks involved in Lending Services, which include without limitation to risks of fluctuation of the borrowed Digital Assets’ value, derivative risks and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using Lending Services, and you shall be responsible for all losses arising therefrom;
• you shall cooperate to provide the information and materials related to identity verification and Lending Services as required by VYNKSAFE, and be solely responsible for taking necessary security measures to protect the security of your Collateral Account and personal information;
• you shall carefully read relevant VYNKSAFE Platform Rules before using Lending Services, and be aware of, understand and observe the specific information and rules regarding the operations of Lending Services, and you undertake that the use of the assets borrowed shall conform to requirements of these Terms and related laws and regulations;
• VYNKSAFE has the full right to manage your Collateral Account and collateral during the period in which Lending Services are offered, and reserves the right, under the circumstances specified in the Lending Services User Agreement or these Terms, to implement various risk control measures, which include but are not limited to forced liquidation. Such steps may cause major losses to you and you shall be solely responsible for the outcomes of such measures;
• VYNKSAFE has the right to temporarily or permanently prohibit you from using Lending Services when it deems it necessary or reasonable, and to the maximum extent permitted by law, without liability of any kind to you.

5.   Staking Programs

VYNKSAFE will from time to time launch Staking Programs for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their VYNKSAFE Accounts. When participating in Staking Programs, you should note that:

• Unless otherwise stipulated by VYNKSAFE, Staking Programs are free of charge and Users may trade during the staking period;
• VYNKSAFE does not guarantee Users’ proceeds under any Staking Program;
• VYNKSAFE has the right to initiate or terminate Staking Program for any Digital Currencies or modify rules on such programs in its sole discretion;
• Users shall ensure that sources of the Digital Currencies they hold in VYNKSAFE Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, VYNKSAFE has the right to take necessary steps in accordance with these Terms or VYNKSAFE Platform Rules, including, without limitation, freezing VYNKSAFE Accounts or deducting the Digital Currencies awarded to Users who violate the rules of respective Staking Programs.

IV.   Liabilities

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1.   Disclaimer of Warranties

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TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, VYNKSAFE SERVICES, VYNKSAFE MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF VYNKSAFE ARE OFFERED ON AN “AS IS'' AND “AS AVAILABLE” BASIS, AND VYNKSAFE EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, VYNKSAFE DOES NOT REPRESENT OR WARRANT THAT THE SITE, VYNKSAFE SERVICES OR VYNKSAFE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VYNKSAFE DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF VYNKSAFE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT VYNKSAFE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY VYNKSAFE AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY VYNKSAFE; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY VYNKSAFE.

THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

2.   Disclaimer of Damages and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VYNKSAFE, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF VYNKSAFE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF VYNKSAFE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF VYNKSAFE AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF VYNKSAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF VYNKSAFE’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF VYNKSAFE, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF VYNKSAFE AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF VYNKSAFE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO VYNKSAFE UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

3.   Indemnification

You agree to indemnify and hold harmless VYNKSAFE Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, VYNKSAFE Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of VYNKSAFE Services. If you are obligated to indemnify VYNKSAFE Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, VYNKSAFE will have the right, in its sole discretion, to control any action or proceeding and to determine whether VYNKSAFE wishes to settle, and if so, on what terms.

V.   Announcements

Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on www.vynksafe.com/en/support/announcement .USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. VYNKSAFE WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.

VI.   Termination of Agreement

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1.   Suspension of VYNKSAFE Accounts

You agree that VYNKSAFE shall have the right to immediately suspend your VYNKSAFE Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to VYNKSAFE for any reason including if VYNKSAFE suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that VYNKSAFE shall not be liable to you for any permanent or temporary modification of your VYNKSAFE Account, or suspension or termination of your access to all or any portion of VYNKSAFE Services. VYNKSAFE shall reserve the right to keep and use the transaction data or other information related to such VYNKSAFE Accounts. The above account controls may also be applied in the following cases:

• The VYNKSAFE Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
• We detect unusual activities in the VYNKSAFE Account;
• We detect unauthorized access to the VYNKSAFE Account;
• We are required to do so by a court order or command by a regulatory/government authority.

2.   Cancellation of VYNKSAFE Accounts

In case of any of the following events, VYNKSAFE shall have the right to directly terminate these Terms by cancelling your VYNKSAFE Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your VYNKSAFE Account on VYNKSAFE and withdraw the corresponding VYNKSAFE Account thereof:

• after VYNKSAFE terminates services to you;
• you allegedly register or register in any other person’s name as a VYNKSAFE User again, directly or indirectly;
• the information that you have provided is untruthful, inaccurate, outdated or incomplete;
• when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your VYNKSAFE Account or by other means;
• you request that VYNKSAFE Services be terminated; and
• any other circumstances where VYNKSAFE deems it should terminate VYNKSAFE Services.

Should your VYNKSAFE Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, VYNKSAFE shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit will also be subjected to the termination protocol stated above.

If VYNKSAFE is informed that any Digital Assets or funds held in your VYNKSAFE Account are stolen or otherwise are not lawfully possessed by you, VYNKSAFE may, but has no obligation to, place an administrative hold on the affected funds and your VYNKSAFE Account. If VYNKSAFE does lay down an administrative hold on some or all of your funds or VYNKSAFE Account, VYNKSAFE may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to VYNKSAFE has been provided to VYNKSAFE in a form acceptable to VYNKSAFE. VYNKSAFE will not involve itself in any such dispute or the resolution of the dispute. You agree that VYNKSAFE will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.

3.   Remaining Funds After VYNKSAFE Account Termination

Except as set forth in paragraph 4 below, once a VYNKSAFE Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to VYNKSAFE) will be payable immediately to VYNKSAFE. Upon payment of all outstanding charges to VYNKSAFE (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.

4.   Remaining Funds After VYNKSAFE Account Termination Due to Fraud, Violation of Law, or Violation of These Terms

VYNKSAFE maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of VYNKSAFE Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.

VII.   No Financial Advice

VYNKSAFE is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities affected by you using VYNKSAFE Services. No communication or information provided to you by VYNKSAFE is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. VYNKSAFE does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. VYNKSAFE will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by VYNKSAFE.

VIII.   Compliance with Local Laws

It is Users’ responsibility to abide by local laws in relation to the legal usage of VYNKSAFE Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL USERS OF VYNKSAFE SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT VYNKSAFE WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. VYNKSAFE maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.

IX.   Privacy Policy

Access to VYNKSAFE Services will require the submission of certain personally identifiable information. Please review VYNKSAFE’s Privacy Policy at www.vynksafe.com/en/privacy for a summary of VYNKSAFE’s guidelines regarding the collection and use of personally identifiable information.

X.   Resolving Disputes: Forum, Arbitration, Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.

1.   Notice of Claim and Dispute Resolution Period.

Please contact VYNKSAFE first! VYNKSAFE wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with VYNKSAFE, then you should contact VYNKSAFE and a ticket number will be assigned. VYNKSAFE will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against VYNKSAFE, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to VYNKSAFE. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your VYNKSAFE account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with VYNKSAFE. After you have provided the Notice of Claim to VYNKSAFE, the dispute referenced in the Notice of Claim may be submitted by either VYNKSAFE or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to VYNKSAFE for resolution internally and the delivery of a Notice of Claim to VYNKSAFE are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or VYNKSAFE shall not be disclosed to the arbitrator.

2.   Agreement to Arbitrate and Governing Law

You and VYNKSAFE Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and VYNKSAFE (and/or VYNKSAFE Operators) arising in connection with or relating in any way to these Terms or to your relationship with VYNKSAFE (and/or VYNKSAFE Operators) as a user of VYNKSAFE Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and VYNKSAFE Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC. Rules) in force when the Notice of Arbitration is submitted, as modified by this Section X. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST VYNKSAFE OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the HKIAC in accordance with the HKIAC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with VYNKSAFE is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Hong Kong. Place of Hearing: The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Hong Kong. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.

3.   Class Action Waiver

You and VYNKSAFE agree that any claims relating to these Terms or to your relationship with VYNKSAFE as a user of VYNKSAFE Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and VYNKSAFE further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including VYNKSAFE.

4.   Modifications

VYNKSAFE reserves the right to update, modify, revise, suspend, or make any future changes to Section X regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your VYNKSAFE account shall be deemed to be your acceptance of any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section X, VYNKSAFE may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.

5.   Severability.

If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.

XI.   Miscellaneous

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1.   Independent Parties

VYNKSAFE is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

2.   Entire Agreement.

These Terms constitute the entire agreement between the parties regarding use of VYNKSAFE Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.

3.   Interpretation and Revision.

VYNKSAFE reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on VYNKSAFE websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of VYNKSAFE Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, VYNKSAFE will not be responsible for any modification or termination of VYNKSAFE Services by you or any third party, or suspension or termination of your access to VYNKSAFE Services.

4.   Force Majeure

VYNKSAFE will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond VYNKSAFE’s reasonable control.

5.   Severability

If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

6.   Assignment

You may not assign or transfer any right to use VYNKSAFE Services or any of your rights or obligations under these Terms without prior written consent from VYNKSAFE, including any right or obligation related to the enforcement of laws or the change of control. VYNKSAFE may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

7.   Waiver

The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.

8.   Third-Party Website Disclaimer

Any links to third-party websites from VYNKSAFE Services does not imply endorsement by VYNKSAFE of any product, service, information or disclaimer presented therein, nor does VYNKSAFE guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party products and services, VYNKSAFE will not be liable for such loss. In addition, since VYNKSAFE has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.

9.   Matters Related to Apple Inc

If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through VYNKSAFE Services, such activities and programs are provided by VYNKSAFE and are not associated with Apple Inc. in any manner.

10.   Contact Information

For more information on VYNKSAFE, you may refer to the company and license information found on VYNKSAFE websites. If you have questions regarding these Terms, please feel free to contact VYNKSAFE for clarification via our Customer Support team at www.vynksafe.com/en/support/requests/new.