Trading Signal Bot User Agreement

Gepubliceerd op 31 jul 2023Geüpdatet op 2 sep 202428 min. leestijd

Last updated: 12 December 2023

1. Overview

1.1 The Trading Signal Bot Service (the "Service" or "Services") offered by OKX (referred to as "OKX", "we", "our" or "us") is a digital asset trading service provided through our OKX platform.

1.2 This Trading Signal Bot User Agreement (this "Agreement") governs your access and/or use of the Service, and any related services provided by OKX. By accessing the Service and other relevant services, you acknowledge that you have carefully read and fully understand this Agreement, including any amendments to the terms under this Agreement made by OKX from time to time. It is important to review the terms that exclude or limit OKX Platform's liabilities and users' rights. If you do not agree to this Agreement or refuse to acknowledge and accept OKX's right to modify this Agreement, you must avoid or cease using the Service. Unless otherwise specified, the terms used in this Agreement have the same meaning as defined in OKX's Terms of Service.

1.3 This Agreement includes OKX's system specifications, other agreements or rules related to the Service, and any additional agreements and rules published on our website. Once officially released or published, these terms become an integral part of this Agreement, and you are legally bound by them. By using the Service, you confirm that you have read, understood, and accepted this Agreement, the OKX Terms of Service, Risk & Compliance Disclosure, and any relevant terms and conditions, user agreements, transaction and operation rules, policies, announcements, and other rules published by OKX (collectively, the "User Agreements"). You agree to be legally bound by all the terms and conditions of this Agreement and all User Agreements. If you have not read and accepted all the terms and conditions of this Agreement and the applicable User Agreements, you are not authorized to use the Service or any corresponding services.

1.4 This Agreement, along with any applicable User Agreements, constitutes the entire agreement between you and OKX regarding the use of the Service. The specific terms and conditions may vary depending on your location, nationality, the services used, and your level of KYC completion.

1.5 This Agreement shall supplement our Terms of Service. In the event of any conflict or inconsistency of any term or provision set forth in this Agreement, our Terms of Service and any User Agreements, such conflict or inconsistency shall be resolved by giving precedence first to this Agreement. All other provisions of our Terms of Service not modified by this Agreement shall remain in full force and effect.

2. Eligibility to Use the Service

2.1 You acknowledge and agree to the following conditions:

(a) You have agreed to abide by the OKX Terms of Service and meet the eligibility requirements to use the Services defined therein.

(b) If you are registering for the Service as an individual, you must be at least 18 years old, possess all necessary legal rights and capacity, and have the authority and ability to enter into this Agreement. Once you execute and agree to this Agreement, it becomes binding upon you.

(c) If you are registering for the Service on behalf of a legal entity, you declare and guarantee that the entity is legally established and valid according to applicable laws and regulations. You further confirm that you are duly authorized by the legal entity and have the right to act on its behalf.

(d) You possess the necessary experience, risk tolerance, and knowledge to use the Service and invest in non-guaranteed digital asset products.

(e) Before making any decisions regarding the use of this Service, you shall carefully evaluate your financial condition, assess the associated risks, and bear any resulting losses.

(f) You have the technical ability to perform internet-based operations required to use the Service.

(g) This Agreement does not conflict with the laws of your country or region, and you agree to comply with the relevant laws.

(h) You are the legal owner of the digital assets in your OKX Account and guarantee that the sources of these digital assets are legal.

2.2 You further agree and undertake that you shall not use the Service or engage in or promote price manipulation, market manipulation, insider dealing, abusive trading or any other form of illegal conduct, including but not limited to illegal gambling, money laundering, fraud, extortion, data breaches, terrorist financing, or any other prohibited business activities.

3. Subscription model

OKX provides various subscription models for OKX users to subscribe the Services, including but not limited to the following three (3) models:

(a) Free signals: any subscriber can use the signals for free, and signal providers will not receive any fees if subscribers use such signals to conduct any trades.

(b) Monthly subscription: a signal provider can set up a monthly fee (payment to be made in the form of USDT) for the provision of signals. OKX shall provide guidelines for the minimum and maximum monthly fees that the signal providers shall set. Any OKX user who subscribes to these signals under this model shall prepay the monthly fee before access to these signals shall be provided. The signals will be valid for one month from the date of subscription. The signal provider will receive the subscription fees from OKX on an agreed settlement date.

(c) Profit sharing: A signal provider shall obtain certain percentage of profit sharing from any OKX user subscribing to these signals under this model. Any OKX user who uses the signals to conduct trades shall be obliged to share certain percentage of his/her gain obtained from following the order or trade with the signals provided. The profit will be calculated based on the realized PnL (after trading fees deduction) of each trade. The total profit share will be based on the net realized PnL within a settlement period. The signal provider will receive the profit sharing from OKX on an agreed settlement date.

4. Payment of Service Fees

Any OKX user may activate or subscribe the Services at any time on the OKX Platform. OKX does not charge any service fee for the Service, and all subscription fees shall be received by the signal provider(s) upon subscription. Any subscription fee shall be charged depending on the subscription models in Section 3. The pricing schedule of the subscription models shall be published at the OKX Platform from time to time and OKX shall have the sole discretion to update the pricing unilaterally from time to time. Any paid subscription fees shall be non-refundable.

5. Early Termination of the Service

5.1 OKX reserves the right to terminate this Service at any time at its sole discretion if:

(a) due to any applicable laws or regulations of relevant jurisdictions;

(b) due to force majeure and/or other unexpected events, OKX cannot continue to offer and/or provide the Service;

(c) there is a reasonable suspicion that prohibited trading activities, including but not limited to, (i) price or market manipulation, insider dealing, abusive trading, are or may be reasonably suspected to be conducted; (ii) fraudulent or incorrect information has been provided or may be reasonably determined to be provided by signal provider or subscriber during the application or account opening process; or (iii) signal provider or subscriber has acted in bad faith.

(d) OKX considers to be necessary to terminate the Services based on market conditions or any other related situations.

5.2 We will take reasonable steps to monitor the performance of any OKX users under the Service, as well as the performance of the different trading strategies or signals under the Service. We reserve the right to suspect, block, or terminate any OKX user from accessing or using the Services. In such circumstances, any open or pending trades entered into as a result of or arising from the Service will be automatically closed without prior notice to the OKX user.

5.3 We reserve the right to terminate the eligibility of any signal provider at our sole discretion, including without limitation, if such signal provider no longer meets the criteria to receive the Services or it is not feasible to provide the Services as a result of any Applicable Laws.

5.4 If OKX announces the early termination of this Service, OKX may publish an announcement on the OKX website three (3) days in advance but is not under any obligation to do so.

5.5 Any prepaid subscription fees shall be non-refundable upon termination of the Service, and you shall settle any profit sharing due and payable to signal provider(s) within two (2) days after the termination date.

5.6 You hereby understand and agree that OKX is not responsible for the speed or accuracy of data transmission regarding this Service. You agree that if OKX determines that there is an obvious error in any trade or order placed by you after following the signals, OKX shall have the right to cancel the purchase order after the purchase order is placed. If OKX cancels the purchase order, OKX will promptly notify you of the cancellation. If the payment has already been deducted from your account, OKX will promptly refund the Subscription Amount to your OKX account.

6. Limitation of Liabilities

6.1 Risk Disclosure

(1) YOU EXPRESSLY AGREE THAT YOUR USE OR NON-USE OF THIS SERVICE AND RELATED SERVICES ARE AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY UNDER THIS AGREEMENT, THE SERVICES, ALL PRODUCTS AND SERVICES PROVIDED TO YOU THROUGH THIS SERVICE AND RELATED SERVICES PROVIDED TO YOU ARE STRICTLY OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND OKX AND ITS AFFILIATES OR ITS SERVICE PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, NO ERRORS OR OMISSIONS, CONTINUITY, ACCURACY, RELIABILITY OF THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. OKX DOES NOT MAKE ANY UNDERTAKINGS AND WARRANTIES FOR THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF THE TECHNOLOGY AND INFORMATION IN CONNECTION WITH THIS SERVICES OR OTHER SERVICES PROVIDED BY THE OKX.

(2) NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW OR REGULATIONS.

(3) Like any asset, the value of Digital Assets may fluctuate significantly, and there is a huge risk that Users may incur economic losses when buying, selling, holding or investing in Digital Assets and other related transactions. The choice to use and how to use the Services of the Platform is the User's personal decision, and the User shall bear any and all of the risks and potential losses. OKX does not make any express or implied warranties regarding the market, value or price of Digital Assets. Users acknowledge and understand the instability of the Digital Asset market. The price and value of Digital Assets may fluctuate or collapse at any time. Trading digital assets is of the free choice and decision of Users, and Users shall solely bear their own risks and possible losses. Your use of this Service means that you confirm and agree:

(a) You fully understand all of the risks associated with Digital Assets and related transactions;

(b) You agree to solely bear any and all risks and losses associated with the use of these Services and engaging in any transactions involving digital assets;

(4) OKX, its affiliates, service providers or suppliers make no representations, warranties, or guarantees to you regarding the performance of any trader, investment, account, portfolio, or strategy. OKX, its affiliates, service providers or suppliers make no representations, warranties, or guarantees of the recurrence of past rates of return that have been made by a trader or portfolio you choose to follow, and the profits (or losses) you make or incur may not match those of a trader or portfolio you follow.

(5) Past performance, risk scores, statistics, and any other information with respect to our Platform's traders under or related to our Signal Provider Services, or of different portfolios and trading strategies under our Signal Provider Services are not reliable indicators of future performance.

(6) OKX, its affiliates, service providers or suppliers make no representations, warranties, or guarantees that you will achieve profits or losses similar to those shown to a trader or portfolio that you are or may be following or subscribing.

(7) You understand and accept the risks in connection with the Services including without limitation, automatic trading operations, where your account may enter into and close transactions without your manual intervention; and the Services may fail or incur high costs due to latency. You shall be solely responsible for any and all losses arising from the automatic operations of the Services.

(8) OKX, its affiliates, service providers or suppliers shall not be liable for any losses arising from:

(a) actions taken by us in order to carry out your instructions;

(b) decisions or actions taken by a followed trader that you have chosen to copy, subscribe and/or follow;

(c) specific investment decisions or actions taken or omitted in good faith by any copied, subscribed or followed account strategy or portfolio.

(9) OKX cannot guarantee the authenticity, reliability, accuracy, completeness or validity of the content on the Platform, and shall not bear any legal liability arising therefrom. You shall solely rely on your independent judgment to conduct transactions, and you shall bear all responsibilities and/or losses that result or arise from your judgment and/or decisions.

(10) You understand and accept the risks that you may incur by using this Service, and the related losses that you may suffer as a result, including but not limited to:

(a) If there is a force majeure event, or a force majeure event that may cause the price of Digital Assets to collapse, it may cause OKX to fail to provide this Service to you and may cause severe and/or total loss of your Digital Assets;

(b) Technical abnormalities may occur, which may delay or prevent you from using this Service or conducting related transactions, which may cause severe and/or total loss of your Digital Assets;

(d) In order to maintain the overall health of the market, OKX may add, delete or modify the relevant provisions of this Agreement or any related User Agreements from time to time. Such modifications may benefit or harm Users like you.

(11) You should use any information gathered from our Platform and/or the Services as a starting point for your own independent research and investment decision making. However, you should not make investment decisions based on information provided on the Platform. You choose to use the Services at your sole discretion, and you determine to follow a specific signal provider, trader and/or a particular signal or trading strategy at your sole discretion. In making these decisions, you have carefully and duly considered your overall financial situation, including without limitation, your financial plans, and understand that using the Services is highly speculative and risky, and you may suffer losses much more significant than the amount of Digital Assets you used to follow a respective trader under the Services as a result of the following:

(a) it may involve automated trading execution whereby trades are opened and closed in your account without your manual intervention;

(b) if you manually modify or close an order generated by the Services, you may achieve a materially different result than the signal provider that you followed or subscribed;

(d) if you are attempting to copy all trades which are currently open, we will open your position at the best available price at the time your request is received by the Platform and not the price at the time which the copied trade was originally opened;

(e) the trader, strategy, and/or portfolio you attempt to copy may make withdrawals during the same time that you are using the Services to attempt to copy their actions, and this may also generate a materially different result for you. This is due to a number of different factors, including but not limited to, starting account balance, minimum trade size, the user's account settings, differences in spread, interest and trading price at time of investment, and also the difference in fees that may be incurred;

(f) following/copying the trading decisions of inexperienced and/or unprofessional traders;

(g) following/copying traders whose ultimate purpose, intention, and/or financial status may differ from yours;

(h) following/copying traders who trade products restricted for you as a result of Applicable Law, and where a replacement equivalent trade cannot be executed may result in the economic performance, portfolio composition, risk rating and other factors relating to your portfolio deviating from the portfolio of the copied trader.

(12) You confirm that you fully understand the nature, risks and potential losses related to the Services. Before making an investment decision, you should exercise independent judgment and carefully consider using the Services based on your own investment experience and capability, financial situation, investment objectives, investment period, willingness and ability to bear investment risks, the extent of your understanding of the nature and risks of this product, and other relevant circumstances. The aforementioned risks do not include all the risks and market conditions of your transactions related to this Service. If you have any questions or concerns, please seek advice from an independent financial advisor.

6.2 The trading market is volatile and may change rapidly in terms of liquidity, market and trading dynamics. You are fully responsible and liable for any and all trading and non-trading activities from your account used on or through OKX. You acknowledge and agree that you are fully responsible for all your transactions and non-trading behaviors and omissions on or through OKX, as well as all gains and losses resulting or arising from your use of this Service and any other services provided on the OKX Platform. You are responsible for any and all of your assets and liabilities in your OKX Account, and you are responsible for all your financial activities and obligations on OKX. OKX is not responsible for any and all losses arising from this Service and any other services provided on the OKX Platform and shall not assume any compensation or any other responsibility.

6.3 You agree and accept that the aggregate liability of OKX shall not exceed the Service Fee that OKX received from you when this Agreement is terminated.

6.4 You agree and accept that OKX reserves the right to amend the content of this Agreement any time in its sole discretion. OKX shall not be liable for any losses arising from your misunderstanding of this Agreement, or your delay of reading the amendments to this Agreement.

6.5 You agree and accept that if the OKX Platform cannot function properly or the Service is interrupted arising from the following conditions, such that you are unable to use the Services or cannot make commands or perform related trading operations, including but not limited to failure, delay, interruption, no system response, delayed system response or any other abnormal circumstances, OKX and its affiliates shall not be liable for any losses. These circumstances include but are not limited to:

(a) service suspension for maintenance;

(b) hacker attack(s) on OKX for purposes including but not limited to stealing user account passwords, secret keys, API key(s), and other information, that result in losses caused by illegal hacking into the User's accounts and / or illegal transfer of Digital Assets;

(d) force majeure events or accidents, such as but not limited to typhoons, earthquakes, tsunamis, flooding, plagues, epidemics, power outage, war, turmoil, government actions, terrorist attacks and any other events that may lead to the suspension of OKX and/or its Services;

(e) service interruption or delay arising from hacking, computer virus, technical adjustment or failure, website upgrades, banking issues, temporary closure arising from government regulations and any other reasons;

(f) service interruption or delay caused by OKX Platform's computer system being damaged, defective or unable to perform normally;

(g) losses arising from technical problems that cannot be predicted or solved by existing technical forces in the industry;

(h) losses suffered by you or other third parties arising from the fault or delay of the third party;

(i) losses suffered by you or other third parties arising from changes in Applicable Laws;

(j) losses suffered by you or other third parties arising from force majeure events or accidents caused by other objectively unforeseeable, unavoidable and/or unsolvable circumstances; and/or

(k) other losses not attributable to OKX due to external uncontrollable events.

6.6 You agree and accept that the aforementioned reasons may lead to abnormal transactions, market interruptions and other possible abnormal circumstances, and OKX reserves the right to refuse to execute your commands based on the actual circumstances. You understand and agree that OKX shall not be liable for any of your losses (including but not limited to direct or indirect losses, actual losses, or loss of possible yield and other similar or related losses).

6.7 Software Protocols and Operational Challenges

(a) Software protocols that underlie Digital Assets are typically open source projects, which means that: (i) the development and control of such Digital Assets are outside of OKX's control, and (ii) such software protocols are subject to sudden and dramatic changes that may have a significant impact on the availability, ease of use, or value of a given Digital Asset. You also are aware of and accept the risks associated with any operational challenges. OKX may experience sophisticated cyber attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Services. You understand that the Services may experience operational issues that lead to delays. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree that OKX shall not be responsible or liable for any related losses.

(b) You understand and accept that the technology underlying Digital Assets is subject to change at any time, and such changes may affect your Digital Assets stored on our platform. You agree to be fully responsible for monitoring such technological changes and understanding their consequences for and regarding your Digital Assets. You shall conduct all trading and make all related decisions based on your own volition, and OKX shall not be liable for any and all losses or damage incurred as a result of your use of any Services or your failure to understand the risks involved or associated with Digital Assets in general or your use of our Services.

6.8 You agree and accept that OKX shall not be liable for any losses caused by the risks described in this Section 6 (including but not limited to any direct or indirect losses, actual losses or possible loss of profits).

6.9 The aforementioned provisions do not indicate all the risks arising from or related to Users' transactions through the Platform or all the conditions of the market. Before making any trading decisions, Users shall fully understand the relevant Digital Assets; make cautious and prudent decisions based on their own trading objectives, risk tolerance, and financial conditions; and solely bear all risks and losses.

7. Indemnification

7.1 You shall take each and every possible step to protect OKX and its affiliates from any damages or losses arising from your use of the Service or other actions related to your OKX account; otherwise you shall be liable to OKX for any and all losses.

7.2 You hereby agree to release OKX and its affiliates from liability for any and all losses, and you hereby agree to defend, indemnify and hold OKX and its affiliates harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party against OKX arising from or arising out of your breach of this Agreement, your improper use of this Service, your violation of any laws or regulations of applicable jurisdiction(s) or the rights of a third party and/or the actions or inactions of any third party to whom you may grant permission to use your OKX account or access our website, software, and/or system for OKX (including any network and servers used to provide any of this Service) operated by us or on our behalf, or any of these Services on your behalf.

8. No Business, Legal, Financial or Tax Advice

The User acknowledges and agrees that no information provided by OKX, notwithstanding whether included in this Agreement or any other document or statement, shall be deemed as business, legal, financial or tax advice. The User may and should consult their own business, legal, financial or tax advisers regarding especially, inter alia, the User's particular opportunities, risks, obligations or further costs arising from the reception of and in connection with Digital Assets under this Service. OKX is not your broker, dealer, agent or consultant. The User acknowledges and agrees that for any transactions or other decisions or activities through which you use any OKX Services, OKX does not have a fiduciary relationship with or fiduciary duty towards you. No communication or information provided by OKX to you, notwithstanding whether included in this Agreement or any other document or statement, shall be deemed, considered or interpreted as investment, business, legal, financial, tax, trading, or any other type of advice. You shall determine whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial condition and risk tolerance, and you shall be solely responsible for any and all losses or liabilities. You should consult your own business, legal, financial or tax advisors regarding especially, inter alia, your particular opportunities, risks, obligations or further costs arising from using this Service. OKX does not make any recommendations to you regarding whether to buy, acquire, sell, transfer or hold any Digital Assets. Before making a decision to buy, sell, transfer or hold any Digital Assets, you shall conduct due diligence and consult your financial advisor. OKX shall not be responsible for your decision to buy, sell, transfer or hold digital assets based on the information provided by OKX.

9. Third Party Website Disclaimer

Any links of third party websites in OKX Services do not mean that OKX endorses any products, services, information and disclaimers provided therein, and OKX does not guarantee the accuracy of the information contained therein. OKX shall not be liable for any losses caused by your use of such third party products and services. In addition, OKX has no control over the terms or privacy policies of third party websites. If you use this Service, you acknowledge and agree that you know, understand and agree to all the terms of service, Privacy Notice(-ies) and relevant transactional and operational rules (as amended from time to time) of the third party websites. OKX and each third party website are independent legal entities, and this Agreement shall not constitute any form of agency, partnership or cooperative relationship between the parties. OKX and each third party websites shall be responsible for their respective claims, debts and disputes arising from the performance of their respective contracts and agreements.

10. Governing Law

This Agreement, your access and use of the Services, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of this Agreement, directly or indirectly, shall be governed by, and construed in accordance with the laws of England and Wales without regard to the principles of conflicts of laws thereof.

11. Jurisdiction and Dispute Resolution

11.1 You acknowledge and agree that in the event of any dispute, controversy, difference or claim, including the existence, validity, interpretation, performance, breach or termination of the Terms or any dispute arising out of or relating to the Terms ("Dispute"), the parties shall first refer the Dispute to proceedings at the Hong Kong International Arbitration Centre ("HKIAC") in accordance with HKIAC's Mediation Rules in force for the time.

11.2 If the Dispute has not been settled upon the signing of a settlement agreement within ninety (90) days following the filing of a request for mediation set forth in Section 11.1, such Dispute shall be referred to and finally resolved by arbitration administered by the HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the laws of Hong Kong.

11.3 You agree that the seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). OKX shall appoint one (1) arbitrator and you shall appoint one (1) arbitrator. The third arbitrator shall be appointed by the Chairman of the HKIAC. Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The arbitration proceedings shall be conducted in English.

11.4 You agree that OKX shall not be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant and material to the outcome of the Dispute.

11.5 Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.

12. Miscellaneous

12.1 OKX reserves the right to unilaterally modify this Agreement (including the aforementioned contents) if necessary. Such modification may happen at any time without prior notice. If any changes are made, the revised contents may be posted on OKX's website. Please regularly check the latest information posted therein to inform yourself of any changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes. If you do not accept the revised content, please stop using the Services.

12.2 You shall carefully read this Agreement, and any document referred to in this Agreement, that constitute the contents of this Agreement. If there is anything that you do not understand in the Agreement and/or any document referred to herein, you should contact OKX and seek clarification. Unless otherwise instructed by OKX, any formal communication and document transfer between you and OKX shall be undertaken through email. Any formal communication between you and OKX should, unless otherwise agreed, be made in English language. In the event of any discrepancy between the communication in English and that in a foreign language, the English version shall prevail. In the event of any discrepancy between any formal and/or informal communications and the Agreement, the Agreement shall prevail.

Please contact OKX Customer Service at the following email: [email protected]

12.3 If any provisions of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any way. However, if any provisions of this Agreement shall be invalid, illegal or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be invalid, illegal or unenforceable only to the extent of such invalidity, illegality or limitation on enforceability without affecting the remaining provisions of this Agreement, or the validity, legality or enforceability of such provision in any other jurisdiction.

12.4 No failure or delay by OKX in exercising any right, power or remedy it is entitled to under this Agreement or by stipulation of law or regulation shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of such rights, power or remedies.

12.5 You shall not transfer, novate or assign this Agreement, and the rights and obligations hereunder, in whole or in part, without the prior written consent of OKX. OKX has the right to transfer, novate or assign any rights or obligations under this Agreement by serving written notice on you, which takes effect upon the delivery of such notice.

12.6 The headings of all this Agreement are for convenience only and shall not be used as a basis for interpretation of the meaning of this Agreement.

12.7 If there is a discrepancy between the English version of this Agreement and the translation of other languages version, the English version of this Agreement shall prevail.

12.8 OKX has the sole and final discretion of interpretation of this Agreement.