Terms of Use

Terms of Use

These Terms constitute a legally binding agreement between you (“you” or “your”) and FortuneX (“FortuneX”, “we”, “our” or “us”). The Terms govern your use of the FortuneX Services made available to you on or through the Platform or otherwise. FortuneX Services may be provided by FortuneX or, if specified in these Terms, any Product Terms or any additional terms, by any FortuneX Affiliate.

By registering for a FortuneX Account, accessing the PlatformWebsite and/or using the FortuneX Services, you agree that you have read, understood and accepted these Terms, together with any additional documents or terms referred to in these Terms. You acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time.

If you do not understand and accept these Terms in their entirety, you should not register for a FortuneX Account or access or use the Platform or any FortuneX Service.

RISK WARNING

As with any asset, the value of Digital Assets can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in Digital Assets. You should therefore consider whether trading or holding Digital Assets is suitable for you in light of your financial circumstances.

We are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any Transactions or other activities you undertake when using the FortuneX Services. We do not provide investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind.

It is your responsibility to determine 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 are responsible for any associated loss or liability. We do 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 advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets based on the information provided by us, including any losses you incur arising from those decisions.

INFORMATION ABOUT OUR AGREEMENT WITH YOU

Introduction

About us. The Fortunex group is an ecosystem centred around an online exchange for Digital Assets trading. The FortuneX group provides users with a trading platform to buy and sell digital assets. This integrated custody solution allows users to store their digital assets and other digital asset-related services.
Our Services. We provide a digital trading platform, which can be accessed via a mobile and/or web-based application, where you can:

Trade contracts for difference, mainly stock trading (“Stocks”);
Trade swaps relating to crypto-assets;
Trade crypto-assets;
Trade exchange traded Futures (“Futures”)

When we say “Services”, we are talking about all of our services as described above which include all forms of Trading Services provided in the platform provided as in on the platform as well as newly added trading features that may be updated on the platform from time to time.

These Terms. By registering to open a FortuneX Account you are entering into a legally binding agreement with us. These Terms will govern your use of the FortuneX Services and tell you who we are, how we will provide the FortuneX Services to you, how these Terms may be changed or terminated, what to do if there is a problem, along with other important information.

You must read these Terms, together with the documents referenced in the Terms, carefully. Where any Local Terms apply to your use of the FortuneX Services, such Local Terms shall govern your use of the FortuneX Services.

Additional documents.These Terms refer to a number of additional documents which also apply to your use of the FortuneX Services. This includes:

Our Privacy Notice, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using the FortuneX Services, you understand and agree to such processing and you promise that all data provided by you is accurate and up to date.
Our Risk Warning, which sets out important information on the risks that

can arise when buying, selling, holding or investing in Digital Assets.

The Fee Structure page.

You acknowledge that you will be bound by, and agree that you will comply with, any relevant additional terms and conditions that apply to your use of the FortuneX services.

Eligibility

Eligibility criteria.To be eligible to register for a FortuneX Account and use the FortuneX Services, you must:

be an individual, corporation, legal person, entity or other organisation with the full power, authority and capacity to (1) access and use the FortuneX Services; and (2) enter into and comply with your obligations under these Terms;
if you are an individual, be at least 18 years old;
if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorized to act on behalf of and bind such legal entity for the purposes of entering into these Terms;
not have been previously suspended or removed from using FortuneX Services;
not be a Restricted Person, and;
not be located, incorporated, otherwise established in, or resident of, or have business operations in:
a jurisdiction where it would be illegal under Applicable Law for you to access or use the FortuneX Services, or cause us or any third party to contravene any Applicable Law; or

Amending our eligibility criteria.We may amend our eligibility criteria at any time in our sole discretion. Where possible, we will give you notice in advance of the change. However, we may occasionally need to make changes without telling you in advance. This may include the following:

we are making the change as a result of legal and/or regulatory changes;
the changes being made are in your interest; and/or
there is no other valid reason which means there is no time to give you notice.

Communicating with you

How you can contact us. For more information on FortuneX, you may refer to the information found on our Website. If you have questions, feedback, or complaints, you can contact us via our Customer Support team at cs1@fortunex.global
How we will contact you. We will contact you using the details you provide to us. This may include contacting you via website and application, by email, telephone, fax, post, newsletter, letter, electronic chats, and/or any other means of communication. We will use the details you gave us when you opened your account and as updated from you to us. It is important that you ensure that your contact details are correct and up to date. If your contact details are changed, you must let us know immediately. We will not be responsible for any consequences that may arise due to your negligence to update your information on a time-to-time basis.

FortuneX Services

Specific product terms. Once you have opened a FortuneX Account, you will be able to use the FortuneX Services in accordance with these Terms and the Product Terms that govern your use of each specific FortuneX Service.
Intra-group services. You acknowledge and agree that some of the FortuneX Services may be provided by FortuneX Affiliates.

Chat Service

Availability of Chat Service.We may make our interactive online chat service available to you (“Chat Service”) at any time in connection with your use of any of the FortuneX Services. By using the Chat Service, you may interact with a bot, chatbot, or other non-humans. We will disclose the use of a chatbot, or other non-human, to the extent required by Applicable Law. When engaging with us through the use of the Chat Service, you authorize us to monitor and save your chats.
Important information.The Chat Service is provided as a convenience, often to facilitate your understanding of the FortuneX Services. Our Chat Service will make reasonable efforts to provide you with accurate and current information based on your questions or needs. Nothing we communicate in the Chat Service will be considered a legal agreement, representation, or warranty as to the FortuneX Services, processes, decisions, or response times. Any personal data shared with us when using the Chat Service will be subject to the applicable privacy-related policies and notices described in our Privacy Notice.
User Chats. In addition, we may make available to you chats that allow you to interact directly with other users of the Platform (“User Chat”).
Prohibited actions.You must not use the Chat Service or any User Chat to send any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws, and doing so may result in termination of the Chat Service session and may lead to restrictions on the availability of FortuneX Services to you.

Fees and calculations

Payment of fees.We will charge a fee for each order we execute for you. You agree to pay all applicable fees in connection with your use of the FortuneX Services as set out on the Fee Structure page on our Website/Platform or otherwise communicated to you in any relevant Product Terms.

You authorize us to deduct all applicable fees, commissions, interest, charges, and other sums that you owe from your FortuneX Account under these Terms or any Product Terms in accordance with the method of calculation set out on our Fee Structure page. If you owe us an amount in one Digital Asset and do not have sufficient assets in that Digital Asset, we may deduct the sums owed in another Digital Asset to effect payment (in which case we will convert the Digital Asset you hold into the Digital Asset in which the sums owed to us are denominated (or the Fiat Currency equivalent), at the rate currently offered on the Website/Platform or at such other commercially reasonable rate as we may determine). In the event that there are insufficient Digital Assets in your FortuneX Account, you acknowledge that any amount due and payable from you under this clause is a debt immediately due and owing by you to us in such amount and form (whether in the form of a Digital Asset or otherwise) as we may determine, acting in a commercially reasonable manner.

The fee is different for each type of product and Service and will be listed on the Fee Structure page. We will estimate the total amount of fee that applies each time you place an order. We cannot provide you with an exact amount because the fee may differ between the time you make an order and the time we execute your order.
Amending our fees. We may adjust our fees from time to time and by using our product and services, you will agree to such adjustment. If you do not agree to such an adjustment, you should refrain from using the FortuneX product and services.
Calculations: Anycalculations made by FortuneX in connection with the FortuneX Services are final and binding on you in the absence of Manifest Error. Calculations will be made in accordance with the stated methodology for the relevant Fortune X Service in our good faith discretion.

INFORMATION ABOUT YOUR FORTUNEX ACCOUNT

Creating a FortuneX Account

Account opening. You must create and maintain a FortuneX Account in order to access the FortuneX Services and the Platform.

All FortuneX Accounts are provided at our absolute discretion. We reserve the right to refuse any application for a FortuneX Account without reason or to limit the number of FortuneX Accounts that you may hold.

Sole benefit. By opening a FortuneX Account you agree that you will use your FortuneX Account only for yourself, and not on behalf of any third party, unless you have obtained our prior written consent to do so and that you are fully responsible for all activity that occurs under your FortuneX Account.
Identity verification.You will need to comply with our identity verification procedures before you are permitted to open a FortuneX Account and access and use the FortuneX Services, whether independently or through a third-party service, by providing us with certain information about yourself. All information that you provide must be complete, accurate and truthful. You must update this information whenever it changes.

You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity and that or protect you and/or us against fraud, money laundering, terrorist financing, or other financial crime, and to take any action we deem necessary based on the results of such inquiries.

When we carry out inquiries, you acknowledge and understand that your personal data, may be disclosed to identity verification, compliance data recordation, credit reference, fraud prevention, or financial crime agencies and that these agencies may respond to our inquiries in full.

You can review our Privacy Notice to have more information about how we process your personal data.

Enhanced due diligence. We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, and your business, providing additional records or documentation, or having face-to-face meetings with representatives of FortuneX.
Records.We keep your personal data to enable your continued use of FortuneX Services, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, and as may be required by law such as for tax and accounting purposes, compliance with anti-money laundering laws, or as otherwise communicated to you. Please review our Privacy Notice for more information on how we collect and use your personal data relating to the use and performance of our Sites and the FortuneX Services.

Information requests

When we may request information.We may, from time to time, require additional information and/or documents (including as required by anti-money laundering regulations and any other similar regulations applicable to us, as well as for anti-fraud measures or any other related internal procedures), or clarifications to information and/or documents which you have provided to us.
Information Accuracy. The information you provide to us must be complete, accurate, and not misleading. If you do not provide us with the required information, or if you provide inaccurate, incomplete, or misleading information, we reserve the right to reject your account opening application, or if you already have a FortuneX account, we may freeze, block, or close your account.
What happens when you provide information?Your access to your FortuneX Account and the Transaction limits that apply to your use of the FortuneX Services may be altered as a result of information collected about you on an ongoing basis. If there is a reasonable suspicion that any information provided by you is wrong, untruthful, outdated, or incomplete, we may send you a notice to request corrections, remove relevant information, or do such other things that we consider necessary to ensure that the information provided by you is true and correct.
If you fail to provide any requested information. You must comply with any information request we send to you. If you decline to provide the requested information, or otherwise do not comply in a timely manner, we reserve the right to suspend or terminate your access to your FortuneX Account, or to all or part of the FortuneX Services immediately, without notice.

Accessing your FortuneX Account

Access.To access your FortuneX Account you must have the necessary equipment (such as a computer or smartphone) and access to the internet. Your FortuneX Account can be accessed directly using the website or by such other mode of access (including APIs) as we may prescribe. You are only permitted to access your FortuneX Account by using the Access IDs we provide to you for such purposes. We may require multi-factor authentication to keep your FortuneX Account safe and secure.

The use of the Website and other access methods may be subject to such additional terms as we communicate to you.

Restricting access to third parties.You must ensure that any FortuneX Account(s) registered under your name will not be used by any person other than yourself. If you elect to give another person access to and/or control of your FortuneX account, you do so at your own discretion and we will not be responsible for the decisions of that third party.
It is your responsibility to take all reasonable steps to keep your FortuneX account safe. We recommend that you apply two-factor authentication to your account to keep your account secure.

Account information and Transaction records

Your Account History.You will be able to access your Account History on the Platform/Website. You must review your Account History carefully and let us know if you see any entries or Transactions that you do not recognize or you think are incorrect within fourteen (14) calendar days of the date that your Account History is provided or made available to you.
Errors.We may rectify any error in your Account History at any time and reserve the right to void, cancel, or reverse any Transaction involving or deriving from a Manifest Error or to amend the details of such Transaction to reflect what we reasonably consider to be the correct or fair details of such a Transaction. You acknowledge and agree that where you execute any Transaction with Improper Intent and/or in the case of Manifest Error, FortuneX is authorized by you (without any payment or penalty or liability due by FortuneX and provided that such action is in compliance with Applicable Law) to either:

cancel/void such Transaction and treat such Transaction as if they had never been entered into; or
amend the price(s) of such Transaction (upon notice from FortuneX to you of the amended price(s) to reflect the prevailing market price(s) as at the relevant time, as determined by FortuneX by reference to an available source for fair market pricing;

If FortuneX cancels a Transaction pursuant to the rights referred herein, FortuneX will reverse any transfers of Digital Assets that have been made to and/or from your FortuneX Account in connection with such Transaction as if that Transaction had never taken place.

If FortuneX amends a Transaction pursuant to the rights referred herein, FortuneX will confirm the details of the amended terms of the Transaction to you through an agreed communication channel and will affect such transfers of Digital Assets to and/or from your FortuneX Account as are required to reflect the terms of the amended Transaction.

You acknowledge and agree that you shall be solely responsible for your own transactions with any third parties that may have been entered into in connection with or reliance on any Transaction(s) that may be subject to any cancellation/amendment according to FortuneX’s rights herein.

Information sharing.We may be required under these Terms or Applicable Laws to share information about your FortuneX Account and Account History with third parties and FortuneX Affiliates. You acknowledge and agree that we are entitled to disclose such information. For more information about how we process your data, you can review our Privacy Notice.

Open, and maintain your account

Applying for an account.To apply for an account, you will need to complete the steps to create an account and this will allow us to identify you, verify your identity, and conduct fraud checks, sanction checks, anti-money laundering and counter-terrorism checks, and any other checks as required by Applicable Law. This means we will require you to provide us with personally identifiable information.
Linking a payment method. To put money into your account, you will need to link your account to a current account, debit card, credit card, electronic wallet, or other means of payment, that is approved by us.
The payment method must belong to you and must be in your name. We do not accept money from any third party. We may require you to provide us with documents to verify the details and the ownership of your payment method. If we cannot verify the details of your payment method, or if we cannot verify that the payment method belongs to you, you will not be able to deposit money into your FortuneX account, and therefore will not be able to use our Services.
It is your responsibility to take all reasonable steps to keep your account safe. If you think that there’s a breach of your account’s security, you will need to change your security details immediately and contact us as soon as possible.
We may block access to your FortuneX account or block access to our Services if we believe that it is necessary for security or legal reasons.
You must not give any third party any access to and/or control of your FortuneX account. If you elect a third party to gain access and/or control your account, you do so at your own risk and we will not be responsible for any loss due to such action. We reserve the right to cancel or reject any orders placed by any third party for security and/or legal reasons.

Instructions, Withdrawals and Transactions

Giving Instructions.You must ensure that any Instruction submitted is complete and accurate. We are not required to verify the accuracy, authenticity, or validity of any Instruction and will not monitor or reject Instructions on the basis that they are or appear to be duplicates. However, if we are in doubt as to the accuracy, authenticity, or validity of an Instruction, we may refuse to act upon or defer acting upon any Instruction, or seek further information with respect to the Instruction.

Instructions are irrevocable, and therefore once an Instruction has been submitted you, have no right to rescind or withdraw it without our written consent. Your Instruction is not deemed to be received by us until it has been received by our server. Our record of all Instructions will be conclusive and binding on you for all purposes.

Acting on your Instructions.By submitting an Instruction you are authorizing us to initiate the Transaction on your FortuneX Account. We are, therefore, authorized to credit or debit (or provide settlement information to third parties for the third party crediting or debiting) your Digital Assets from your FortuneX Account in accordance with your Instruction. If you have insufficient Digital Assets or Fiat Currency in your FortuneX Account to effect the Transaction (i.e. less than the required amount to settle the Transaction and to pay all the fees associated with the Transaction), then we have the right to refuse to effect any Transaction. FortuneX may also refuse to act on instructions to the extent permitted by these Terms. It is your responsibility to hold sufficient Digital Assets or Fiat Currency credited in your FortuneX Account.
Protection of Instructions.You are aware that Instructions and information transmitted on the Platform/Website or by email are generally transmitted via the internet and may be routed via public, transnational installations that are not specifically protected. We cannot guarantee that the Instructions and information transmitted will be completely protected against unauthorized access, and you accept the associated risks.
Withdrawals. Subject to these Terms and any applicable Product Terms, and provided that you have sufficient balance on your FortuneX Account and the relevant Digital Assets are not on hold in your FortuneX Account in connection with any FortuneX Service, you may give Instructions to FortuneX to transfer Digital Assets to an external wallet address by submitting a withdrawal request on the Website. Upon receipt of the withdrawal request, FortuneX will:

deduct your FortuneX Account balance; and
initiate an on-chain transfer to an external wallet designated by you.

FortuneX may not process a withdrawal request if, in our reasonable opinion, we consider that Applicable Law prevents the execution of the relevant withdrawal. FortuneX may also suspend withdrawals at such time deemed appropriate by FortuneX to resolve any incidents on the Platform. Once such incidents have been resolved, FortuneX will resume withdrawals.

When you withdraw money to an alternative payment method that is also in your name, you may be required to prove that the alternative payment method belongs to you, and it has to be approved by us.

You may or may not be charged a fee each time you withdraw money from your FortuneX account. Fee charges are shown on the Fee Structure page.
To protect your money against fraud, we may put a limit on how much can be withdrawn from your account at a period.

Entering into Transactions. You may enter into Transactions directly with us, or directly with other users, which may or may not be facilitated by us. We do not represent or warrant that any Transaction will be completed successfully or within a specific period.

Unauthorized Transactions. You are responsible for the control and use of your FortuneX Account. As such, we will assume that you have authorized any Instruction sent from your FortuneX Account unless we are notified otherwise. You must monitor your Account History to ensure any unauthorized or suspicious activity on your FortunexAccount is identified and notified to us as soon as possible. We are not responsible for any claim or losses resulting from a Transaction executed as a result of an unauthorized Instruction unless you have notified us following this clause and it is confirmed by our internal investigation that you have not authorized the Instruction in any way, even by mistake, negligence, error or as a consequence of fraud and it is proven that the unauthorized Instruction is solely due to a technical issue attributable to FortuneX.

Retention of Transaction information. To facilitate compliance with global industry standards for data retention, you agree to permit us (but agree to not require us) to keep a record of all Transaction information for the lifetime of your FortuneX Account as long as it is required to fulfill their intended purposes or such other period as prescribed by Applicable Law.

Placing, Modifying, or Cancelling Your Orders

About orders. The FortuneX Website will display the indicative price to buy, and the price to sell for each product. This is called an “order”. An order is not an offer by us to buy or sell any products. FortuneX is only responsible for setting the price of instruments and products that can be traded on the Platform/Website.
Order Price. The orders are updated constantly, which means that the price to buy or sell may change between the time that you place your order and the time the order is executed.
Placing an Order. This applies to our trading services. An order is a request placed by you with us to purchase, sell, or otherwise deal in financial products, which may include a limit order, stop loss order, and/or take profit order or such order as may be available on our trading. Your order will only take effect when we approve it.
Order Made Should by from Account Owner. We will execute orders that are received from your FortuneX account, and which we reasonably believe are from you. If an order was placed accidentally, we will assume that you did this on purpose and will execute them without checking with you.
Order executed will be based on Instructions Given.We will execute your order according to the instructions that you selected. The instructions on our platform/website may change from time to time, but it is your responsibility to check the instruction before making an order.
FortuneX cannot guarantee that the execution price will match your order price due to the volatility of the market. When this happens, we will execute your order at the next best price or until a new instruction is given.
Orders Execution Hour.We will execute orders received during trading hours. Different products have different trading hours. It is your responsibility to be aware of the trading hours for the product you are trading.

Placing Order outside Working Hours. When you place an order outside of market hours, or where the product you are trading has a 24/7 market, but your order is placed during a period where there is limited trading, you are aware that there may be a delay or that the trade may not be available. FortuneX is not liable for any loss which results from your inability to access or provide certain trading functionalities and instructions.

Modifying or Cancelling an Order. You may request to cancel or modify an order which we have not executed. However, FortuneX cannot guarantee that they’ll be able to carry out the request.

Accepting an Order. FortuneX is not required to accept every order that you make and reserves the right to decline any order or transaction. If an order has been accepted, FortuneX is not required to complete/execute every order.

Order Limit. FortuneX may, at our sole discretion, place limits on the minimum and/or maximum order sizes that we accept on the platform as well as the number/volume of orders that we will accept from our users.

If we do not accept your order, complete/execute your order, or cancel or order, we will inform you by making that information available on the trading platform. If a fee was charged as part of the order, we will refund that money back into your account. If there are no fees or charges, you will not receive a refund.
If we have executed your order, and therefore a transaction has occurred, we may take corrective actions and either modify the transaction or void the transaction. We will inform you of errors by making information available on our trading platform, including any corrective actions we intend to take.
We will not be responsible for any losses you incur as a result of any action or inactions taken by us following this clause 14.

Material interests and conflicts

FortuneX group.You understand that FortuneX is a member of a group of companies which is involved in activities connected with Digital Assets.
Nature of our duties.You understand and agree that neither your relationship with us nor any FortuneX Service we provide to you nor any other matter, will give rise to any duties on our part or on the part of any FortuneX Affiliate, whether legal, equitable, fiduciary in nature, save as are expressly set out in these terms. In particular, we and any FortuneX Affiliate may from time to time act in more than one capacity, and in those capacities, we may receive fees or commissions from more than one user (including you). You agree that we may act in such capacities and provide any other FortuneX Services or carry out any business with or for you, any FortuneX Affiliate, or any other user.
Material interests.You understand and agree that neither we nor any FortuneX Affiliate will be required to:

have regard to any information known to us, or to any FortuneX Affiliate, which is a material interest;
disclose any such information to you; or
use any such information for your benefit.

You further acknowledge that from time to time we may receive general market information in the course of providing FortuneX Services to you, which we may use in the ordinary course of our business.

Conflicts of interest.We have established and maintained effective

organisational and administrative arrangements to take all appropriate steps to identify and manage conflicts of interest between us and our users and relevant third parties, to prevent conflicts of interest from adversely affecting the interests of our users. In cases where such organizational and administrative arrangements are not sufficient to ensure that the risks of damage to your interests will be prevented, we will inform you of the nature and/or sources of the relevant conflicts of interest and the steps taken to mitigate those risks to allow you to make an informed decision as to whether to continue to transact with us. We reserve the right at all times to decline to act for you where we are not able to manage a conflict of interest in any other way.

Transaction Limits

Transaction limits. Your FortuneX account may be subject to a limit on:

the amount or volume of Transactions you may undertake in connection with your FortuneX Account; and/or
the amount or value of Fiat Currency or Digital Assets you may transfer into or out of your FortuneX Account,

in each case in a given period (e.g. daily). Any applicable limits are shown in your FortuneX Account.

Changes to your Transaction limits.We reserve the right to change any Transaction limit that applies to your FortuneX Account at any time at our absolute discretion. It may also be possible for you to request a change in your limits. Any change will be made at our absolute discretion and will be subject to any further conditions that we deem necessary.

Supported Digital Assets

Supported Digital Assets.The FortuneX Services are only available in connection with Supported Digital Assets, which may change from time to time. We may remove or suspend one or more Digital Assets from time to time and we will use reasonable commercial efforts to notify you in advance, meaning that you will no longer be able to access such Digital Assets as part of the FortuneX Services and will only be permitted to withdraw the Digital Assets from your FortuneX Account. If Digital Assets that are no longer Supported Digital Assets remain in your FortuneX Account beyond a specified period notified to you, FortuneX may in its reasonable discretion convert such Digital Assets into a different type of Digital Asset.

We assume no liability in connection with any attempt to use your FortuneX Account for Digital Assets that we do not support nor for the conversion to a different type of Digital Asset, as described in this clause.

In addition, we assume no liability or obligation whatsoever with regard to unsupported Digital Assets sent to a FortuneX Account or with regard to Supported Digital Assets sent to an incompatible Digital Asset wallet address. If you send unsupported Digital Assets to a FortuneX Account or Supported Digital Assets to an incompatible Digital Asset wallet address, then you will lose those Digital Assets.

For some lost Digital Assets, FortuneX may in its sole discretion offer you the option to attempt a recovery. We may charge fees to process the recovery attempt on your behalf. We will calculate all fees at our discretion, and notify you of the applicable fees at or before the time you authorize the recovery attempt. FortuneX does not guarantee in any way the amount of assets (if any) that may be recovered in a recovery attempt. The actual amount recovered may differ from the estimated recovery amount. FortuneX does not evaluate or provide any assurance as to the authenticity, safety, or security of unsupported Digital Assets. You acknowledge and agree that FortuneX is not liable for any loss incurred during the recovery attempt or subsequent use of the recovered Digital Asset.

Forks.We may temporarily suspend any FortuneX Services in relation to a particular Digital Asset while we determine whether or not to support a Fork. We are under no obligation to support a Fork of a Digital Asset that you hold in your FortuneX Account, regardless of whether any resulting version of such Forked Digital Asset is a Dominant Digital Asset or not. If we elect to support a Fork of a Digital Asset, we will make a public announcement through our Platform/Website or by such other means as we may deem appropriate.

You acknowledge that we have no control over, nor do we have the ability to influence, the creation or implementation of a Fork. We can provide no assurances about the security, functionality, or supply of any Digital Asset, including both the new Dominant Digital Asset or other Digital Assets subject to the relevant Fork. You may not be able to trade the Forked Digital Assets on the Platforme and you may lose any value associated with the relevant Digital Assets.

Forks and Airdrops. FortuneX makes no promises, guarantees, or warranties on the outcome of or support for potential or proposed Forks, Forked Digital Assets or Airdrops. FortuneX may determine in its sole discretion whether to claim, list or distribute any Airdrop, Forked Digital Asset or any other Digital Asset, as well as the terms and conditions (including eligibility criteria) that will apply to any claim, listing or distribution of any Airdrop or Forked Digital Asset. If you wish to participate in a Fork or Airdrop, please withdraw the affected Digital Asset to your private wallet well ahead of the potential or proposed Fork or Airdrop.
Backed Digital Assets.We may from time to time support Digital Assets that purport to be backed by or otherwise tied or pegged in value to another asset, including without limitation Digital Assets, Fiat Currency, or commodities such as silver or gold (“Backed Digital Assets”). You acknowledge and agree that (a) you have read, understood, and accepted all of the terms and conditions and risks associated with each particular Backed Digital Asset before entering into any Transaction relating to that Backed Digital Asset and (b) FortuneX does not and will not in any circumstances have any no obligation whatsoever to purchase, repurchase or effect or facilitate the redemption of your Backed Digital Assets. We reserve the right to change, suspend, or discontinue any service in relation to any Backed Digital Asset at any time in our sole discretion. We make no representation as to whether any particular Backed Digital Asset will hold its value as against any asset, nor as to the amount or quality of reserves or collateral held by each issuer or any third party in relation to any Backed Digital Asset.

Account Security

Your responsibility.You are responsible for taking appropriate action to protect your hardware and data from viruses, malicious software, and any inappropriate material. Except as provided by Applicable Law, you are responsible for backing up and maintaining duplicate copies of any information you store or transfer through FortuneX Services. We are not responsible for any claim or losses resulting from your failure to comply with this clause.
Security measures.At all times, you shall maintain adequate security and control of all of your Access IDs. You are responsible for taking the necessary security measures to protect your FortuneX Account and to keep your Access ID secure, including by:

strictly abiding by all of our mechanisms or procedures;
creating a strong password and maintaining security and control of

your Access IDs;

keeping the Email Account and telephone number provided to us up to date in order to receive any notices or alerts that we may send you;
never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged on to your FortuneX Account;
remembering that under no circumstances will we ask you to share your passwords or 2-factor authentication codes; and
logging out from the Sites or the platform at the end of each visit.

You must keep the Email Account and Access IDs secure against any attacks and unauthorized access. You must notify us immediately if you have knowledge or have reason for suspecting that the security of your Email Account, has been compromised or if there has been any unauthorized use of your User’s Email.

Monitoring your Account History.It is important that you monitor your Account History to ensure any unauthorized or suspicious activity on your FortuneX Account is identified and notified to us as soon as possible. You acknowledge that any Security Breach may result in unauthorized access to your FortuneX Account by third parties and the loss or theft of any Digital Assets and/or funds held in your FortuneX Account and any associated accounts, including your linked bank account(s) and credit card(s).
If you suspect a Security Breach.If you suspect a Security Breach, you must ensure that:

we are notified immediately using the details you used to signup for an account and continue to be provided with accurate and up-to-date information throughout the Security Breach;
your FortuneX Account is immediately locked via the disable account function on the Platform/Website or via any other method as may be prescribed by us from time to time; and
you take any other steps that we may reasonably require to reduce, manage, or report any Security Breach.

We reserve the right to request, and you agree to promptly provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach. You further acknowledge and agree that we may provide such information to any third party that we deem necessary in order to investigate or resolve any Security Breach.

Changes to the Terms

How and when we can make changes?FortuneX can make changes to these Terms and any terms and conditions incorporated by reference (including any Product Terms) at any time, and your continued use of the FortuneX Services constitutes your consent to such changes.
If FortuneX is to add a new term or change an existing term in this Term of Use, we will take reasonable steps to provide you with appropriate notices, including via our website. However, we may occasionally need to make changes that are effective immediately, in which case users will be notified as soon as possible after the changes take effect. The circumstances in which changes to these Terms may take effect immediately may include, for example,and without limitation, where:

the change is to address legal and/or regulatory requirements;
the changes are to make these Terms clearer; and/or

Our customer support team is not authorized to amend or waive any term in this Term of Use
When changes come into effect. Save where changes come into effect immediately, any update to the Terms will come into effect after the changes have been notified to users. If you do not wish to accept the changes, you are free to close your FortuneX Account. Your continued access to or use of any FortuneX Services will be deemed acceptance of the updated Terms.
Changes to fees. We may also make changes to the fees, which include introducing new fees and/or charges. If you do not wish to accept the changes, you should stop using your FortuneX account. Your continued access to or use of the FortuneX Services will be deemed acceptance of the updated Terms.
We may modify, suspend,or discontinue, temporarily or permanently, all or any part of our Services with or without notice. We reserve the right, at any time and for any reason, to discontinue, redesign, modify, enhance, or update the FortuneX Platform/Website, and/or services. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of all or any part of our Services.

Closing your FortuneX Account

Your right to close your FortuneX Account. You may terminate your FortuneX Account at any time by following the account termination procedures as prescribed by us from time to time. You will not be charged for terminating your FortuneX Account, although you will be required to pay any outstanding amounts owed to us. You authorize us to cancel or suspend any pending transactions at the time of cancellation, and to deduct any outstanding amounts that you owe us from your FortuneX Account.
In the event of cancelling or suspending any pending transaction during your time of cancellation, if there is any loss during the process, FortuneX will not be responsible for the loss.
In certain cases, you may not be able to close your FortuneX Account, including where:

you are trying to evade an investigation by relevant authorities;
you have a pending Transaction or an open Claim;
your FortuneX Account has any outstanding amounts owed to us; or
your FortuneX Account is subject to a freeze, hold, limitation, or reserve.

What happens after you close your FortuneX account. If your FortuneX Account is closed, you will be required to withdraw all Digital Assets held in your FortuneX Account. In the event that you fail to withdraw your Digital Assets, or if you have not accessed your FortuneX Account for a continuous period of 90 days, will send you notice of our intention to treat your account as dormant.
Dormant Accounts.If you do not respond to your close account request within 30 days, we may:

Mark your FortuneX Account as a dormant account;
transfer such dormant account and/or any Digital Assets held in that account to any third party (including, without limitation, another FortuneX Affiliate, any third-party custodian, or an isolated wallet) if we consider it reasonably necessary to do so. If this happens, you have the right to retrieve your Digital Assets, subject to satisfying our reasonable verification requirements and any other applicable terms and conditions;
close a dormant account at any time.

You acknowledge that we will be under no obligation to pay any reward, incentive, or interest that we might otherwise have agreed to pay, under the applicable Product Terms, to your dormant account about the Digital Assets credited to it.

Termination, suspension, holds and restrictions

FortuneX may freeze, block, or terminate our Services and/or your account if:

we decide to stop providing you with Services;
we require you to provide us with information to enable us to comply with our obligations under Applicable law and/or internal procedures, and you cannot or do not provide us with the information, or the information provided to us is inaccurate, incomplete, or misleading;
you breach the rules of trading.

When an account is frozen, blocked, or terminated, FortuneX may:

refuse to complete or block, cancel, or where permitted by Applicable Law reverse any Transaction you have authorized;
terminate, suspend, or restrict your access to any or all of the FortuneX services
terminate, suspend, close, hold, or restrict your access to any or all of your FortuneX account(s);
refuse to transmit information or instructions/orders to third parties (including but not limited to third-party wallet operators); and/or
take whatever action we consider necessary, in each case with immediate effect and for any reason including, but not limited to where:
you are not, or are no longer, eligible to use one or more FortuneX Services;
we reasonably suspect that:
the person logged into your FortuneX Account is not you, or we suspect that the FortuneX Account has been or will be used for any illegal, fraudulent, or unauthorized purposes;
more than one natural person has access to and/or transacts using the same FortuneX Account, or we suspect that FortuneX Account has been or will be used for any illegal, fraudulent, or unauthorized purposes;

information provided by you is wrong, untruthful, outdated, or incomplete;
we have reasonable concerns in relation to your creditworthiness or financial status, including:

in the event that you are an individual, you become bankrupt, of unsound mind, commit an act of bankruptcy, or have action to place you in bankruptcy commenced against you;
in the event that you are acting on behalf of a partnership, any of the partners die or become bankrupt or of unsound mind, commit an act of bankruptcy, or have action to place any of the partners in bankruptcy commenced, or if action is commenced to dissolve and/or alter the partners or the constitutions of the partnership;

you convene a meeting of your creditors or propose or make any compromise or arrangement with or any assignment for the benefit of your creditors;

pending submission of enhanced due diligence;
we reasonably consider that we are required to do so by Applicable Law, or any court or authority to which we are subject in any jurisdiction;
we have determined or suspected:
that you have breached these Terms or any Product Terms;
that you have breached any express or implied warranties in these Terms or any representations you have made;
that any Transaction is unauthorized, erroneous, fraudulent, or unlawful or we have determined or suspect that your FortuneX Account or the FortuneX Services are being used in a fraudulent, unauthorized, or unlawful manner;
there is any occurrence of money laundering, terrorist financing, fraud, or any other crime in connection with your FortuneX Account or your use of the FortuneX Services;
the use of your FortuneX Account is subject to any pending, ongoing, or threatened litigation, investigation, or judicial, governmental, or regulatory proceedings, and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your FortuneX Account activity;
you owe amounts to FortuneX that are not satisfied, whether due to a chargeback or on any other basis;
any email communication to your Email Account is returned as undeliverable;

an issue has arisen with the verification of your identity;
you have taken any action that may circumvent our controls such as opening multiple FortuneX Accounts without our written consent or abusing promotions that we may offer from time to time; or

there is no other valid reason which means we need to do so.

We will take reasonable steps to provide you with appropriate notice. However, there might be times when we are required not to do so by Applicable Law.

Your acknowledgment. You acknowledge and agree that:

the examples set out in clause ‎20 above of when we might take action to terminate, suspend, close, or restrict your access to your FortuneX Account and/or the FortuneX Services is a non-exhaustive list; and

our decision to take certain actions, including, without limitations, to terminate, suspend, or restrict your access to your FortuneX Account or the FortuneX Services, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you.

Exercising our Rights.When we terminate, suspend, hold, or restrict your access to one or more FortuneX Services:
if you have Instructions, trades, positions, or Transactions that are open, they may be closed by you, or by us, depending on the circumstances of the termination, suspension, hold, restriction, or other action we take;
any chargeback resulting from the use of your FortuneX Account

or FortuneX Services may result in an immediate suspension and/or restriction of your FortuneX Account and FortuneX Services;

to reactivate suspended and/or restricted FortuneX Account or FortuneX Services, you may be required to reimburse us for the full value of the chargeback, including any amounts that are owing to us including any applicable fees; and
you are liable for any credited amounts in case of a chargeback,

and you authorize and grant us the right to deduct costs and fees directly from any assets in your FortuneX Account without notice.

Unlawful possession. If we are informed and reasonably believe that any Digital Assets or Fiat Currencies held in your FortuneX Account are stolen or otherwise are not lawfully possessed by you (whether by error or otherwise), we may, but have no obligation to, place a hold on the affected funds and your FortuneX Account. Where we place a hold on some or all of any Digital Assets or Fiat Currencies held in your FortuneX Account, or on your entire FortuneX Account, we may continue such hold until evidence, acceptable to us, proves that you are entitled to possession of the Digital Assets and/or Fiat Currency held in your FortuneX Account. We will not get involved in any dispute, or the resolution of the dispute, relating to any Digital Assets and/or Fiat Currency held in your FortuneX Account.

INTELLECTUAL PROPERTY

Intellectual Property. All content included in or made available through the Service, including but not limited to all copyright, trademarks, patents, service marks, domain names, trade names, rights in designs, software code, icons, logos, characters, layouts, rights in know-how, trade secrets, buttons, color schemes, graphics and other intellectual property rights (“IP”) is the property of FortuneX, its affiliates or its licensors and is protected by local and international IP laws and treaties.
Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, limited license to install and use the FortuneX services and all other FortuneX IP, excluding the Trade Marks, solely for your personal use and benefit following the terms of this Agreement. You may not, without our prior written consent:

Modify, copy, display, distribute, or commercially exploit any IP or materials (including text, video, audio, or user interface design) in the content of any of the Services, including in the platform;
Remove any proprietary notices from any IP;
Attempt to derive any source code for the platform/website; and
Attempt to disable, bypass, modify, defeat, or otherwise circumvent any protection system applied to or used as part of the Services.

However, we have the right at our sole discretion to remove, modify, or reject any content that you submit, post, or display on the platform/website (including any user material) for any reason. We reserve the right to take any action that we deem appropriate, including removing such material, recovering damages or other monetary compensation from you, and even suspending the use of our Services.
Your grant of License. You grant us a perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to use the User IP to the extent it:

Forms part of, or is necessary for the use of, any Created IP; and
Is necessary to allow us to provide you with the FortuneX Services, from time to time.

Our right to sub-license.The license granted by you under this clause ‎includes our right to sub-license to a third party to the extent required to enable us and any FortuneX Affiliates to provide you with the FortuneX Services, or any part of them.
You agree to:

Use all your efforts to protect our IP from being infringed by you;
Not knowingly or recklessly encourage or assist any third parties to infringe our IP; and
Immediately notify us if you become aware of any violation or suspected violation of our IP, or where our IP is being used in a manner not authorized by this Term of Use.

If any third-party software is included within the platform/website, then such third-party software shall be provided subject to the terms of this Agreement. You shall fully comply with the terms of any third-party software licenses that we provide you from time to time.
Should this Agreement be terminated for any reason, your license will be revoked and you must cease using the FortuneX services as well as any third-party software that is included in the platform/website.

Event of Default.

Each of the following will be an “Event of Default”

You fail to pay us within seven days any fees, charges, and/or liabilities of your FortuneX account, whereby such payment has been requested;
You enter into liquidation or bankruptcy, whether compulsorily or voluntarily, or a procedure is commenced against you seeking or proposing liquidation or bankruptcy, or you are generally unable to pay your debts as they become due;
You become subject to an administration order or have a receiver or similar appointment or order made or proceedings commenced in respect of any of your assets;
We consider it reasonably necessary to prevent what we reasonably consider to be or might be a violation of any Applicable Law;
We reasonably believe that you are in material breach of any term of the Agreement, including any material misrepresentation to us; and/or
We reasonably believe that you have acted in an unfair or abusive manner by breaching the rules of trading.

If an Event of Default occurs, unless otherwise prescribed by Applicable law, we may, in our absolute discretion, at any time and without prior notice, take the following steps:

Exercise the lien or charge that we have on the products that we hold for you and the money in your FortuneX account; and/or
Close your FortuneX account.

25. Exceptional Events or Force Majeure

An “Exceptional Event” includes:

Any fire, strike, riot, civil unrest, terrorist act, war of industrial action;
Any natural disaster such as floods, tornadoes, earthquakes, and hurricanes;
any epidemic, pandemic, or public health emergency of national or international concern;
any act or regulation made by a government, national body, or authority that may jeopardize the normal operation of the Platform and services;
the suspension or closure of any exchange;
the nationalization of any exchange by a government;
the imposition of limits or unusual terms by a government on any instrument and/or its derivative traded on our Platform;
the abandonment or failure of any instrument that we use to make orders;
excessive changes to the price, supply, or demand of any product. We may also call an Exception Event where we anticipate this change (within reason);
technical failure in transmission, communication, or computer facilities including power failures and electronic or equipment failures;
the failure of any supplier, intermediate broker, agent, principal custodian, sub-custodian, dealer, exchange, clearing house, or regulatory organization to perform its obligations to us;
liquidity providers not providing, or being unable to provide liquidity to us. Liquidity refers to the degree to which a product can be quickly bought or sold at a price reflecting its appropriate value; and/or
an event that significantly disrupts the market, which could include (but is not limited to) the premature close of trading in the market of a product, excessive movements in the price, supply, or demand of a product, whether regulated or unregulated, that our Services relate to.

If an Exceptional Event happens, the availability and speed of our service, including our platform, our execution of your order, the availability of different functions that we may provide as part of the Services, including instruction given for a trade, and certain obligations under this Agreement may be delayed, may not be available, or may not be carried out. We will not be liable to you for any losses which you incur as a result.
If we believe that an Exceptional Event has occurred or is occurring, we may take the following action without any prior notice:

Limit the availability of instructions that you can give in respect of an order or trade;
Close your open transaction at a price that we reasonably think is proportionate;
Change the trading hours of a product; and
Cancel all open orders or trades that are affected by the Exceptional Event.

FortuneX will not be liable for any loss incurred to you from us taking the above action.

We will use commercially reasonable efforts to resume the performance of our Services after an Exceptional Event occurs.

Acknowledgment, representations, and warranties

You acknowledge, represent, and warrant that:

You are over 18 years old, and have the capacity to enter into this Agreement;
you are eligible to enter a legally binding agreement with us in accordance with the laws governing the jurisdiction applicable to you.
you are solely and completely responsible for your own compliance with Applicable Law in your jurisdiction, including, without limitation, all exchange control restrictions that may be applicable to you and that you have obtained any necessary exchange control approval;
you have all necessary consent and the authority to enter into this Agreement and /or use the Services;
except where we have agreed otherwise in writing, you act on your own behalf and not as the agent, attorney, trustee, or representative of any other person, and that all decisions made in connection with these Terms were solely and exclusively based on your own judgement;
all information and documents that you supply are true, accurate, complete, and not misleading;
that you are not a Restricted Person;
you are not an employee of any exchange, a corporation in which any exchange owns a majority capital stock, a member of any exchange and/or firm registered on any exchange, or any bank, trust, or insurance company that trades in CFDs, Futures and/or the underlying assets held by you;
our assessment of your use of the Services is performed on the basis of the information and documents provided by you and we may rely upon information and documents provided by you and we are not responsible for any damages or losses which may arise from any inaccuracies;
you will only access and use our Services for your own personal benefit;
neither the entry into this Agreement, nor use of the Services, nor the giving of any other instruction will violate any law, rule, or regulation applicable to you;
all money that you use and invest through the Services do not originate in any way from drug trafficking, abduction, terrorist activity, or any other criminal activity that is unlawful or could be considered unlawful by any relevant authority;
you have not and will not upload or transmit any malicious code to the FortuneX platform/websiteor otherwise use any electronic device, software, algorithm, and/or dealing method or strategy that aims to manipulate any aspect of the FortuneX website or the Services; and
you will use the Services offered by us pursuant to this Agreement honestly, fairly, and in good faith.
You will not modify or adapt the whole or any part of the platform/website or combine or incorporate the platform/website into another program or application;
You will not disassemble, decompile, reverse engineer, or otherwise attempt to derive the source code object code underlying concepts, ideas, and algorithms of the platform/website or any components thereof;
You will 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 such Fortune X IP or any part of the IP, or create derivative works or otherwise take advantage of any part of the FortuneX IP;
You will not facilitate any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information in connection with the FortuneX Services;
You will not use an anonymizing proxy; any temporary, disposable, self-destructive, or similar email address when opening a FortuneX Account and/or using the FortuneX Services; or use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or services; and take any action that may cause us to lose any of the services from our suppliers;
You will not create any security over your Fiat Currency or Digital Assets held in any of your FortuneX Accounts without our prior written consent;

If you breach any warranty or representation made under this Agreement, we may close any orders or trades that you have made, and/or close or freeze your FortuneX account. You will also may be required to fully indemnify us due to any contraventions by you of Applicable Law.

Technology Disclaimers

No representation or warranty. FortuneX Services and any information provided on the platform/website, including the Chat Services are provided on an “as is” and “as available” basis without any representation or warranty, whether expressed or implied, to the maximum extent permitted by Applicable Law. We do not make any representations or warranties that access to the platform/website or any of our services will be continuous, uninterrupted, timely, or error-free.
Suspension of Access. We may, from time to time, suspend access to your FortuneX account or services for both scheduled and emergency maintenance. We will make reasonable efforts to ensure that Transactions on the platform are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing, which depends upon factors out of our control.

General Terms

Assignment and Novation

We may assign, transfer, and/or novate these Terms and Conditions and/or any of our rights and/or obligations to another appropriately regulated firm. We will tell you 15 days in advance if we do this. We will use reasonable endeavors to ensure that your rights under the assignment and/or novation will be similar to your rights under the Terms and Conditions and Schedules with us. We will treat you continuing to use the Services as you agreeing to the assignment and novation, but you can cancel your FortuneX account with us at any time.
You may not assign, transfer, and/or novate these Terms and Conditions and/or any of your rights and/or obligations to another person, whether by operation of law or otherwise, or whether on a permanent or temporary basis without our prior written agreement.

Severability

If any court or relevant authority finds any part of these Terms and Conditions to be invalid or unenforceable, the remaining parts of the Terms and Conditions and Schedules will remain in full force and effect.

Personal data and privacy

We are committed to handling information about you responsibly. By entering into this Agreement, youagree that you have been provided with a copy of our Privacy Notice, which is also available on our We will use your personal data as set out in our Privacy Notice, if you have any questions about the way in which we use your personal data you can contact our customer service.
When you open a FortuneX account, your username, your name, your picture/avatar (if provided), and any other content that you post on the FortuneX Community can be seen by other traders.
If you use one of our applications provided via social networks (such as Facebook, Twitter, G+ etc.), our application will have access to your social network account general information which includes your name and username in such social network, profile picture, and any other information you have shared with 'everyone' on the relevant social network. Additional information may be collected in specific social networks campaigns which will be specified in the terms and conditions applicable to such campaigns.
We and our affiliates and agents may collect, store and process information from you or otherwise in connection with the Services for the purpose of complying with Applicable Law and/or regulation, including disclosures to governmental authorities.

Indemnity

Third-party claims. You hereby undertake and agree to indemnify us and hold us harmless upon demand from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation), costs, and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys’ fees and other professional costs and expenses (“Losses”), arising out of or in any way connected with:

your access to or use of your FortuneX Account and/or the FortuneX Services;
your breach or alleged breach of these Terms or your contravention of any other clause or sub-clause of these Terms, including any Product Terms and any other terms and conditions incorporated by reference;
your contravention of any Applicable Law; and
your violation of the rights of any third party.

Release.You hereby irrevocably and unconditionally agree to release us from any and all claims and demands (and waive any rights you may have against us now or in the future in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user or other third party in connection with the FortuneX Services (including any Digital Asset Transactions) or the subject matter of these Terms.

Liability

Our Liability.Neither FortuneX nor any FortuneX Affiliate will have any responsibility or liability for any loss suffered by you or any third party, except to the extent that such loss arises solely and directly as a result of the gross negligence, willful misconduct, actual fraud, or material and continuing breach of an obligation under these Terms by Fortunex. Without prejudice to the foregoing and notwithstanding any other clause in these Terms, in no event will the liability of FortuneX and all FortuneX Affiliates in aggregate exceed the amount of fees paid by you to FortuneX in the 12-month period immediately before the event giving rise to the loss. Such sum shall be paid by us to you in full and final settlement and satisfaction of ours and any FortuneX Affiliate’s entire liability for any and all losses and claims, howsoever arising, from the relevant events. You acknowledge and agree that neither FortuneX nor any FortuneX Affiliate is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.
Limitations on liability.Notwithstanding any other clause in these Terms, you hereby acknowledge and agree that in no event will we or any FortuneX Affiliate be responsible or liable to you or any other person or entity for:

any direct or indirect losses (including loss of profits, business, or opportunities), damages, or costs, whether arising out of or in connection with the FortuneX Services or otherwise, including but not limited to:
any risk identified in the Risk Warning, as updated from time to time;
the operation of the protocols underlying any Digital Asset, their functionality, security, or availability;

whether Backed Digital Assets hold their value as against any asset, or if the issuer of the Backed Digital Asset holds sufficient reserves in relation to any Backed Digital Asset;

any action or inaction in accordance with these Terms;
any inaccuracy, defect, or omission of Digital Assets price data, any error or delay in the transmission of such data, and interruption in any such data;
regular or unscheduled maintenance we carry out including any service interruption and change resulting from such maintenance;

the theft of a device enabled to access and use FortuneX Services;
other users’ actions, omissions, or breaches of these Terms, and any damage caused by actions of any other third parties;

(1) for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack; (2) in the event that your hardware fails, is damaged or destroyed or any records or data stored on your hardware are corrupted or lost for any reason; or (3) for your use of the internet to connect to the FortuneX Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced;
our decision to reject your application to open a FortuneX Account(s);
any termination, suspension, hold, or restriction of access to any FortuneX Account or FortuneX Services, including your inability to withdraw Digital Assets, issue Instructions, or enter into Transactions during the period of any suspension, hold, or restriction, in accordance with these Terms or any Product Terms;

any Transaction limits applied to your FortuneX Account;
any election by us to support or not support Digital Assets;
us being unable to contact you using the contact information you provided;

us closing a dormant account;

the failure of a Transaction or the length of time needed to complete any Transaction;
our refusal or delay in acting upon any Instruction;
any breach of security of your Email Account or a Security Breach;
losses suffered by you as a result of third-party action, including third-party fraud or scams that involve FortuneX only as the recipient of your Fiat Currency or Digital Assets, and/or the conversion of Fiat Currency to Digital Assets;

losses suffered by you as a result of the transfer of Digital Assets away from our Platform at your request;

any losses arising or in connection with new offerings of Digital Assets, initial coin offerings (ICOs), or the decision to list or not list Digital Assets on the Platform;
a Network Event, a Fork, or an Airdrop;
the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing, or continued availability of the FortuneX Services or for delays or omissions of the FortuneX Services, or for the failure of any connection or communication service to provide or maintain your access to the FortuneX Services, or for any interruption in or disruption of your access or any erroneous communications between us, regardless of cause; and
any Transactions, Instructions, or operations effected by you or purported to be effected by you through your Email Account or FortuneX Account;

any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect, or consequential losses or damages, whether arising out of or in connection with our Sites, your FortuneX Account, the FortuneX Services, these Terms, the Product Terms, the Privacy Notice and/or any agreement entered into pursuant to, or in connection with, these Terms or otherwise;
any losses or damages you may incur due to Manifest Error and/or in the event of extreme market volatility and/or as a result of any cancellation/amendment of any Transactions, howsoever arising, whether direct or indirect, special or consequential, including, but not limited to, loss of profit and loss of opportunity even if FortuneX was aware of the possibility of such loss or damage arising or if such loss or damage was reasonably foreseeable; and/or

Damage or interruption. We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. You are responsible for all login credentials, including usernames and passwords, and must keep security details safe at all times.

Marketing and promotions

All promotions that we offer will have specific terms and conditions that apply to that promotion. We can change, or stop providing a promotion, in accordance with the terms and conditions of that promotion. Any benefit that is part of a promotion will only apply once per FortuneX Account.

Taxation

All amounts extracted from your account are gross amounts, meaning that we have not collected, deducted, or paid any taxes for you or on your behalf. It is your responsibility to calculate and pay all applicable taxes that you owe as a result of your trading activity on the FortuneX Platform. However, we may withhold and deduct at source any taxes due under Applicable Law at our sole discretion. You will have no claim against FortuneX where we have made such a deduction. Where necessary, we or our affiliates will deduct and report tax deductions on an aggregate basis with respect to all our clients.

Rights of third parties

A third party will not be able to benefit from or enforce a term of these Terms and Conditions.

Applicable Law and regulation

These Terms and Conditions and any orders and trades are subject to all Applicable Laws and regulations,including (but not limited to), articles, by-laws, rules, regulations, policies, procedures, and interpretations of any relevant exchanges, markets, and clearing houses in which we may elect to hedge any trades; and any other applicable regulatory, self-regulatory or governmental authority requirements ("Applicable Law").

We will not be liable to you for any action, inaction, decision, or ruling made pursuant to Applicable Law.We may also take or omit any action that we consider reasonable to comply with Applicable Law.

Any reference to a person in these Terms and Conditions shall include bodies corporate, unincorporatedassociations, trusts, partnerships, and individuals.

Notices

We may give notice by email to your Email Account. It is your responsibility to ensure that the Email Account is up-to-date and accurate. Notices may be given, and are deemed to be received if sent to your Email Account, whether or not a notice of delivery failure is received. You may give us notices only as we direct, which may change from time to time.
Any notices, consent, or other communication given under these Terms must be in writing, in English, and signed or otherwise authorized by the party giving it.
Announcements.All official announcements, news, promotions, competitions, and Airdrops will be listed on the Platform. These announcements are important and may relate to issues that may impact the value of your Digital Assets, or their security. You are responsible for monitoring the Platform/Website and reading and considering these announcements.

Governing law and jurisdiction

Aside from where Applicable Law requires or provides you with a choice otherwise, these Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the law of the United State of America.