User agreement

By using this Website or creating an Account on the WhiteBIT Platform or using any other WhiteBIT Services available through the WhiteBIT Platform you agree to unconditionally accept and comply with this public electronic User Agreement stated below (hereinafter - the “User Agreement”).

You should read the entire User Agreement carefully before using this Website or any of the WhiteBIT Services.

As used in this User Agreement, “WhiteBIT” refers to WhiteBIT Kazakhstan Ltd, with its registered address at Astana, Esil district, 55/21, Mangilik El, office 352, Z05T3F2 and is a subsidiary of DATATECH INVESTMENTS LIMITED, with its Registered office address 63-66 Hatton Garden, London, England, EC1N 8LE.
WhiteBIT Kazakhstan Ltd. is authorised by the financial regulator of the AIFC, Astana Financial Services Authority (“AFSA”), to conduct the activities of operating a digital asset facility, providing custody services, dealing in Investments as Agent and dealing in Investments as Principal (as a matched principal) in a testing environment of FinTech Lab¹ (AIFC regulatory sandbox) under the Licence AFSA-A-LA-2025-0003 with expiry date of 22 January 2027. Status of the licence and its validity may be verified at the AFSA website (www.afsa.kz).

The text of this User Agreement posted on www.whitebit.kz contains all the essential terms and conditions of a public offer of WhiteBIT, including the Terms of Use of the Services and the Platform. Essential and integral parts of this User Agreement are:

• Anti-Money Laundering, Countering Financing of Terrorism Policy (hereinafter - the “AML/CFT Policy”),
• Privacy Policy,
• Delisting Policy (if published on the Platform separately from this User Agreement) and
• Fees.

The English version of this User agreement has the effect of original and is the only valid version for interpretation.

IMPORTANT: By creating or funding the Account or accessing or using the Platform or any of the Services (each as defined below), you acknowledge that you have read, understand, and completely agree to this User Agreement, as updated and amended from time to time. If you do not agree to be bound by this User Agreement or by any subsequent amendments, changes or updates, you may not access or use any of the Services, and if you do access or use any of the Services, you will be bound by this User Agreement, as updated and amended from time to time; your only recourse in the case of your unwillingness to be bound by this User Agreement is to stop using all of the Services.

PLEASE READ THIS USER AGREEMENT BEFORE USING THE SERVICES. BY VISITING, BROWSING, USING THE WEBSITE, OUR SERVICES, AND PRODUCTS OFFERED BY WHITEBIT, CONTACTING US YOU EXPRESS YOUR CONSENT TO THIS USER AGREEMENT. BY CLICKING THE CONFIRM-CHECKBOX WHILE CREATING THE ACCOUNT ON THE PLATFORM YOU PROVIDE US WITH YOUR EXPLICIT CONSENT TO TERMS OF THIS USER AGREEMENT.

This User Agreement comes into force when the User creates an Account on the WhiteBIT Platform or begins using any WhiteBIT Services, and it may be amended or terminated as per the terms outlined within this document.

Depending on your country of citizenship and/or residence, you may not be able to use some or all the functions of the Website, Platform.

WhiteBIT and the User have entered into this User Agreement on the following terms and conditions:

1. Terms and definitions

1.1. In addition to the other terms defined elsewhere in this User Agreement, the following terms shall have the meanings ascribed to them below:

“Account” means an account registered by the User on the Platform (including registered via mobile application).

“Business day” means any calendar day other than Saturday, Sunday or any other day on which credit institutions are closed in Astana (Kazakhstan) and/or in any other jurisdiction relevant to the execution of a transaction involving the Parties.

“Confidential information” means information that the User receives or learns as a result of using of the Services, or otherwise as a result of his/her access and use of the Platform, regardless of whether or not such information is designated as confidential, provided that such the information is not generally known to the public and/or openly published on the Website.

“Data” means all data and other information generated by or accessible through the Platform and/or otherwise provided to the User by WhiteBIT hereunder, including, without limitation, information regarding Orders, pricing, trading volume, trades, liquidity, etc.

“Digital assets” means a digital representation of value that

1. can be digitally traded and functions as
a) a medium of exchange; or
b) a unit of account; or
c) a store of value;
2. can be exchanged back-and-forth for Fiat Currency, but is neither issued nor guaranteed by the government of any jurisdiction, and
3. fulfils the above functions only by agreement within the community of users of the Digital Asset; and accordingly
4. is to be distinguished from Fiat Currency and E-money.

“Delisting” means the termination of the specific coin/token listing agreement with the subsequent complete removal of this Digital asset from the Platform, with the cessation of support for Deposits, Withdrawals and trading of the coin/token, as well as the possibility of storing these coins/tokens on the balance of WhiteBIT User’s Accounts.

“Deposit” or “Depositing” means an operation involving a transfer of Funds to the User’s Account.

“Fees” means any rewards, charges and/or commissions paid to WhiteBIT by the Users, which are established by WhiteBIT.

“Fiat currency” means currency which is issued by or on behalf of the government in its country (or countries) of issuance, and which is designated as legal tender in that or those countries through government decree, regulation or law.

“Funds” means Fiat money and/or Digital assets, which are placed into the Account and used during the execution of Transactions.

“Governmental authority” means any national, state, provincial, county, municipal or local government, foreign or domestic, or the government of any political subdivision of any of the foregoing, or any entity, authority, agency, ministry or other similar body exercising executive, legislative, judicial, regulatory, or administrative authority or functions of or pertaining to government, including any authority or other entity established to perform any of such functions.

“Law” means all applicable laws, regulations, orders and rulings, interpretations and statements of policy of any Governmental authority, authority, agency or body, which in an appropriate case has jurisdiction over WhiteBIT, the User, or their operations.

“Order” means the User’s offer on the Platform to buy (acquire), to sell (alienate) or to exchange Digital assets on certain conditions.

“Person” means any natural person, body corporate or body unincorporated, including a legal person, company, partnership, unincorporated association, government or state.

“Personal data” means information that identifies an individual, such as name, address, e-mail address, etc.

“Platform” means WhiteBIT’s Platform, designated for exchange/trading of Digital assets, accessible by User via the Website and/or mobile application and/or via other means, specifically created by WhiteBIT for that purpose (if applicable).

“Representatives” means a Person’s officers, directors, members, managers, employees, agents and/or any individuals authorized to act on behalf of the Person in the appropriate matters by Law, documents of the entity, power of attorney or similar document.

“Services” means all services and any service provided by WhiteBIT.

“Third-party provider” means a third-party software, information and/or technology provider, whose products, information or services might assist WhiteBIT in providing the Services to the User.

“Transaction” means a transaction of Funds entered into (and/or executed, completed, closed, etc.) through the Platform.

“User” means any Person, who uses the Website, the Services and/or the Platform, is a holder of the Account and has concluded this User Agreement with WhiteBIT.

“Website” means the website https://whitebit.kz

“Withdrawal” or “Withdrawing” means an operation involving a transfer of Funds from the User’s Account.

1.2. The headings (of articles/sections) of the User Agreement are for convenience only and shall not in any way affect the meaning or interpretation of the User Agreement.

1.3. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.4. Unless the context otherwise requires, a reference to one gender shall include (shall imply) a reference to the other genders.

1.5. Where the words include(s), including or in particular are used in this User Agreement, they are deemed to have the words “without limitation” following them.

1.6. Where the context permits, other and otherwise are illustrative and shall not limit the sense of the words preceding them.

2. Subject matter of this User Agreement

2.1. The subject matter of this User Agreement is the rendering of the Services allowing the Users to store and exchange the Digital assets.
2.2. In accordance with this User Agreement, WhiteBIT, in particular, provides the following Services to the Users:

• access to the Website, as well as to the Account;
• access to the Platform to store and exchange the Digital assets;
• access to the information necessary to use the Platform and to perform Transactions;
• access to the payment services operator and/or payment service provider services, necessary to perform Transactions, Deposits and Withdrawals.

Spot trading

The Company provides Users with access to Spot Trading services, which consist of the purchase and sale of Digital Assets at the prevailing market price, with immediate settlement and finality of transfer. In Spot Trading, transactions are settled “on the spot,” meaning that the transfer of ownership of Digital Assets occurs at the time the transaction is executed.

Spot Trading is conducted through the Platform’s electronic trading system, where Users may buy or sell Digital Assets against other market participants at prices determined by supply and demand. Executed prices are formed in the open market and may fluctuate significantly depending on trading activity, liquidity, and market conditions.

Spot Trading requires Users to pre-fund their accounts with the relevant Digital Assets or fiat currency supported by the Platform, and transactions may only be executed within the limits of the User’s available balance. All Spot Trading transactions are subject to applicable trading limits, system availability, and the Company’s internal controls.

The Terms of Use, which include details on trading limits and User balance restrictions, are available at the following link: https://whitebit-kz.zendesk.com/hc/en-gb/articles/31232619737629-Terms-of-use-Spot-trading-and-trading-terminal

All fees and charges applicable to Spot Trading are published on the Company’s website and
more information available at the following link: https://whitebit.kz/en/trading-data/trading-fees

Convert service

The Company provides Users with access to the Convert Service, which is an instant exchange feature of the Platform enabling Users to exchange one Digital Asset for another Digital Asset, or for a supported fiat currency, in a simplified manner. Unlike Spot Trading conducted through the public order book, conversions under the Convert Service are processed directly with the Company acting as counterparty.

For each requested conversion, the Company provides the User with a quoted rate calculated on the basis of prevailing market prices of the relevant assets, to which the Company may apply a spread, markup, or discount. The quoted rate is displayed to the User prior to execution and may be fixed for a short duration in order to reflect market conditions.

Upon the User’s confirmation, the transaction is executed instantly by debiting the specified “Give” asset from the User’s account balance and crediting the equivalent “Receive” asset, in accordance with the confirmed rate. Conversions executed through the Convert Service are final and irreversible once completed.

All completed conversions are recorded in the User’s account history and reflected immediately in the User’s balances. By using the Convert Service, the User expressly authorises the Company to act as counterparty and to execute conversion transactions on their behalf. The User further expressly acknowledges and agrees that the Company will execute such transactions on terms designed to achieve the best execution offer for the User, taking into account relevant factors such as price, costs, speed, and likelihood of execution and settlement.

Margin Trading

The Margin Trading Service enables Users to trade Digital Assets by utilizing borrowed funds made available by the Company, with the User’s own funds serving as collateral (the “margin”). This structure allows Users to amplify their market exposure beyond the value of their deposited equity, thereby creating the potential for greater profits as well as greater losses.

Through Margin Trading, Users may enter into both long positions, where profit is sought from an anticipated increase in the price of a Digital Asset, and short positions, where profit is sought from an anticipated decline in the price of a Digital Asset by selling borrowed assets and later repurchasing them at a lower price. Unlike derivatives such as futures or options, which are contractual instruments settled at a future date, Margin Trading involves the direct purchase and sale of underlying Digital Assets, with settlement occurring immediately upon execution.

Borrowed funds under the Margin Trading Service accrue a financing cost or interest rate, which is charged as a commission for the use of leverage. The level of leverage available to a User is expressed as a ratio (e.g., 2x, 3x, 5x, or 10x), which defines the multiple by which the User’s own equity may be expanded for trading purposes. The Company determines applicable leverage limits, collateral requirements, and maintenance margin thresholds in its sole discretion and may adjust them from time to time in response to market conditions, liquidity, or risk considerations.

Margin Trading carries a heightened level of market and credit risk, as adverse movements in the price of a Digital Asset may rapidly reduce the value of the User’s collateral and trigger protective measures such as margin calls, automatic order cancellation, or forced liquidation of positions. Users acknowledge that the use of leverage can result in losses exceeding their initial margin contribution and that all positions are subject to the Company’s risk management framework.

The Terms of Use, which include details on Margin Trading are available at the following link: https://whitebit-kz.zendesk.com/hc/en-gb/articles/31253319540253-Terms-of-Use-Margin-Trading

All fees and charges applicable to Margin Trading are published on the Company’s website and
more information available at the following link: https://whitebit.kz/en/trading-data/trading-fees

Over-the-Counter (“OTC”) Trading is a service that allows Users to conduct Digital Asset transactions directly with a counterparty outside of the public order book of the Platform. OTC Trading is particularly suitable for large-volume transactions, as it provides high liquidity, personalized terms, minimal impact on market prices, and enhanced privacy compared to exchange-based trading. When using the OTC service, the User submits a request to buy or sell a specified quantity of Digital Assets, after which the Company arranges a matching counterparty, negotiates and confirms the terms, and executes the transaction off-market. This structure enables Users, especially institutional and high-net-worth investors, to complete significant trades efficiently without causing major price fluctuations in the open market.

The provision and use of OTC Trading services are subject to a separate written agreement to be entered into between the User and the Company, which governs the specific terms, conditions, and risk disclosures applicable to OTC Transactions. In the event of any inconsistency between the User Agreement and the separate OTC agreement, the terms of the OTC agreement shall prevail with respect to OTC Transactions. The Terms of Use, which include details on ОТС Trading are available at the following link at https://whitebit-kz.zendesk.com/hc/en-gb/articles/31232937830813-Terms-of-use-OTC-Trading

WhiteBIT does not engage in transactions involving securities or security tokens, and there may be restrictions based on the User’s location or citizenship as detailed in this User Agreement.

2.3. Based on this User Agreement, WhiteBIT may also provide other services, which are defined in this User Agreement and/or will be available on the Website or on the Platform.
2.4. WhiteBIT also reserves the right to choose markets and jurisdictions in which it operates, and may also restrict or refuse provision of the Services in some countries at its discretion.
2.5. The User understands and agrees that WhiteBIT is not a party of Transactions (unless otherwise is stipulated by this User Agreement related to a certain specific Services) and does not provide Fiat money financial services. All operations on the Platform are performed directly between the Users. The financial services related to Fiat money are rendered by third-party financial institutions. Notwithstanding the foregoing, in order to perform security, AML/CFT and monitoring checks, WhiteBIT may administer the payment information required to perform the Deposit, Withdrawal or other Transactions.

3. Requirements and access to the Service

3.1. The User can act only on his/her own behalf or (in case of using the corporate Account) on behalf of an entity/other organization, which he/she represents and cannot use the Services as an agent, intermediary or broker for another Person, organization, entity.
3.2. The Services are provided exclusively to Persons of at least 18 years or older. Using the Services, the User confirms that he/she has reached the age of 18.
3.3. Before accessing and using the Services offered by WhiteBIT the User must assure himself/herself that the use of the WhiteBIT Services, Platform, Website and mobile application is allowed in the country of his/her citizenship/residence or the country from which the User accesses the Services, Platform, Website or mobile application, as well as check if there are any possible legal limitations and/or restrictions regarding the access and use of the Services, Platform, Website or mobile application. It is the User’s sole responsibility to follow all the applicable Laws and regulations and comply with the restrictions and prohibitions of his/her country of citizenship/residence and/or country from which the User accesses WhiteBIT Services, Platform, Website and mobile application.

WhiteBIT takes no liability for the access and use of the Services, Platform, Website and mobile application by the Person who is the citizen/resident or accesses the Services, Platform, Website and mobile application from the country in which the access to and use of WhiteBIT Services, Platform, Website and mobile application is prohibited by Law or where there are any other limitations and restrictions of the access and use of the mentioned above.

3.4. By registering the Account, the User represents and warrants that:

• he/she has reached the age of legal capability to enter into and assume obligations under this User Agreement in accordance with the applicable laws;
• he/she has reached the age of legal capability to enter into and assume obligations under this User Agreement in accordance with the applicable laws;
• he/she is an individual or legal entity or other organization with full legal capacity and capability and sufficient authority to enter into this User Agreement;
• he/she was not previously prohibited from or temporarily restricted in using our Services and/or Platform;
• he/she currently does not have another Account registered on the Platform/Website (multi-accounts);
• if the User enters into this User Agreement on behalf of a legal entity, whose authorized Representative he/she is, the User represents and warrants that he/she has all necessary rights and authority to enter into this User Agreement and to assume obligations under this User Agreement on behalf of such legal entity.

3.5. We draw the User’s attention to the fact that the use of the Services, the Website and the Platform is governed by the international compliance requirements and requirements of economic sanctions. By sending, receiving, buying, selling, trading or storing Digital assets through the Platform, the User agrees to comply with these requirements. The User is not allowed to perform Transactions on the Platform or use any Services if:

• the User is in or under control or are a citizen or resident of FATF blacklisted countries and/or countries subject to the United Nations Security Council Sanctions List, the European Union or HM Treasury’s financial sanctions regimes, the United States embargo (a “Sanctioned Country”), or if the User is a Person on EU or HM Treasury’s financial sanctions regime, Kazakhstan sanctions regime or the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List (a "Sanctioned Person"); or
• he/she is a citizen and/or a resident of the United States of America or a legal entity whose authorized capital is owned by U.S. citizen and/or resident; or

3.6. he/she is a Person, who does not meet any User due diligence/compliance standards, requests or requirements of WhiteBIT regarding compliance of the User and who otherwise belongs to a high-risk group, including, but not limited to, the factors listed above, including a politically exposed person (PEP²) (a natural person who is or who has been entrusted with prominent public functions as well as family members or close associates of such persons).
3.7. Depending on the User’s citizenship/place of residence, there may be other factors that will limit the User in the use of all or part of the Services. WhiteBIT reserves the right to restrict the Services (all or part) for citizens/residents of certain countries/jurisdictions.
3.8. Compliance with the rules, laws and regulations of the place of residence (and/or country of citizenship and/or other laws and regulations applicable to him/her) is the responsibility of the User himself/herself. The User has to comply with any and all applicable Laws and regulations related to the use of the Services.
3.9. Information about the User (provided by the User) must not contain misleading, untruthful or fraudulent information. Provision of misleading/untruthful/ fraudulent information or submitting of false documents (including fraudulent identification documents, as well as other additional documents as deemed necessary by us) is prohibited. In case WhiteBIT doubts that the data is correct, up-to-date or complete, WhiteBIT is entitled to refuse the User’s access to the Services (all or part) and/or suspend the User’s Account.

In case of provision of untruthful/fraudulent information or submitting of false documents WhiteBIT reserves the right to permanently terminate the User’s Account, regardless of the timing of such discovery.

3.10. The User is not entitled to sell, lend, share or otherwise transfer his/her Account or any data necessary to access his/her Account to third parties. The User is responsible for maintaining security and control over all of his/her logins, passwords, two-factor authentication codes or any other codes or data the User uses to access the Service. WhiteBIT is not responsible for any losses incurred by the User due to unauthorized access to the User’s Account, access of third parties to the User’s password/Account. The User must immediately notify WhiteBIT of the loss of the password and/or data of Account or illegal access of third parties to Account.
3.11. WhiteBIT may require the User to confirm his/her identity to access the Service. Verification may include verification of the User’s cell phone number, identity documents or residence address. WhiteBIT reserves the right to demand additional real-time/online video verification.
3.12. All the Accounts are initially (will be initially registered) as individual Accounts. After passing a person identity verification/compliance procedure, the User can request to upgrade the Account to a corporate Account.

If the User uses Services on behalf of a legal entity (e.g. company, corporation, partnership, non-profit, or other legal entity) the User shall previously upgrade the Account to a corporate level. Upgrading the Account to the corporate level is possible on request after passing additional KYC/compliance procedure related to the appropriate legal entity/organization.

4. Anti-Money Laundering, Countering Financing of Terrorism and Know Your Customer Policy

4.1. WhiteBIT takes all necessary measures and uses the best standards to comply with all the applicable Laws and regulations regarding combating Money Laundering and/or Financing of Terrorism. WhiteBIT will use reasonable efforts to detect and prevent persons involved in any criminal activity in any jurisdiction from using the Website.
4.2. In order to avoid and reduce possible risks of involving WhiteBIT in any type of illegal activity, WhiteBIT is acting in accordance with AML/CFT Policy and in conformity with an internal Anti-Money Laundering, Countering Financing of Terrorism and Know Your Customer procedures (hereinafter - the “AML/CFT procedures”).
4.3. AML/CFT Policy (procedures) of WhiteBIT in particular covers the following matters:

• internal controls;
• financial monitoring;
• MLRO/Compliance officer
• training of personal;
• verification procedures;
• monitoring, risk assessment and risk-based approach;
• Anti-Money Laundering, Countering Financing of Terrorism program audit.

4.4. If WhiteBIT has reason to believe that:
(1) The Account has been or will be used for any illegal, fraudulent, abnormal, or unauthorized purposes, or there are unusual behavior, questionable conduct, or third-party complaints regarding the Account or conducted by the User; and/or

(2) The User has performed and/or wishes to perform Transactions that are unauthorized, erroneous, fraudulent, abnormal, or unlawful, or we have determined or suspect that your Accounts is being used in a fraudulent, unauthorized, abnormal, or unlawful manner, or we have detected any other high-risk operations inconsistent with our internal Compliance procedures; and/or

(3) We have requested, as part of our regulatory obligations and internal Compliance procedures, certain documents and/or data, and, afterward, it has been discovered that the User does not have and/or has not provided us with the necessary documents and/or data required for Compliance, regulatory, and other requirements;

WhiteBIT may, at its sole discretion:

• Refuse provision of the Services;
• Request additional information and/or documents confirming the legitimate nature of the Transaction, such as additional KYC verification, source and origin of funds, proof of transaction (such as wallet confirmation, flow of funds, any correspondence, etc.), and/or photo/video verification, etc.;
• Block the User’s access to their Account;
• Terminate the User Agreement without prior notice to the User.

4.5. By agreeing to this User Agreement, the User confirms that he/she owns Fiat money and/or Digital assets legally.
4.6. WhiteBIT will not provide Services to the Users – citizens/residents/entities of countries blacklisted by the FATF and other organizations mentioned in paragraph 3.4. of this User Agreement, sanctioned Persons, etc.

5. User’s Account

5.1. To create Account and pass verification (KYC), the User has to go through all the registration procedures and provide to WhiteBIT all necessary information (including necessary Personal data, information, necessary for verification/KYC), as well as accept terms and conditions of this User Agreement (including AML/CFT Policy, Privacy Policy, Fees).
5.2. WhiteBIT may refuse registration and creation of Account at its discretion.
5.3. Unless otherwise expressly agreed between WhiteBIT and the User in writing, each User may register only one Account and cannot use two or more Accounts (multi-accounts). Joint deliberate actions of a User with other affiliated Users, utilizing their Accounts with insider knowledge of such Accounts’ actions, strategies, and intentions in terms of Order placement and execution are considered as operating a multi-account and it entails the termination (closure) of all these Accounts without permission (consent) of their owner(s).
Any such conduct, including coordinated activity, use of insider knowledge, market manipulation, or other material breach that may result in financial harm to WhiteBIT or other Users, shall be treated as a serious violation. WhiteBIT reserves the right to apply immediate measures to prevent or mitigate the impact of such violations, including account suspension, restriction of services, and confiscation of Funds in accordance with a decision by the appropriate state authority.

In case if User creates multi-accounts in violation of this clause, WhiteBIT is entitled to terminate (close) second by the date of creation and all subsequent User’s multi-account(s).

As a penalty for the said violation WhiteBIT has the right to charge a full amount of Funds from the balances of the User’s second and subsequent multi-account(s).

5.4. By registering the Account, the User agrees to provide the information requested to confirm the identity. This information is used specifically to detect cases of money laundering, Financing of Terrorism, fraud and other financial crimes through the Website. We will collect, use and transmit this information in accordance with our Privacy Policy. In addition to the provision of this information and for the purposes of complying with the world industry standards for data storage, the User gives us consent and permission to keep records of such information throughout the term of the Account, as well as for 6 (six) years after the closure of the User’s Account. The User also gives consent and allows us to send requests, directly or through third parties, which will be necessary to confirm the User’s identity or protect the User and/or us from financial and other crimes, such as fraud.
5.5. By providing information necessary in accordance with this section of this User Agreement, the User confirms that it is accurate and reliable. After registration on the Platform, the User must warrant that such information is true, complete, and will be updated by him/her in a timely manner in case of any changes.
If there is any reasonable doubt that the information the User provides is incorrect, untruthful, outdated, or incomplete, WhiteBIT is entitled to send the User a notification requesting to correct or update the previously provided information, to delete the relevant information directly and, depending on the circumstances, terminate the User’s access to all or part of the Services.

The User hereby undertakes to promptly, but not later than 10 calendar days from the date of any change or update of the provided information, notify WhiteBIT of the following:

• any updates, changes, and modifications of the information, that was submitted during the KYC identity verification/compliance procedure;
• any updates, changes, and modifications of the data provided during the additional onboarding compliance procedure for the corporate Account related to the relevant legal entity/organization (KYB), encompassing alterations in corporate structure, ownership, status, or other significant entity/organization changes;
• any pertinent changes to the User’s own personal and other associated data.

WhiteBIT strictly prohibits Users from undergoing the KYC identity verification/compliance procedures using ID documents and Personal Data of third parties as a covert source of such Personal Data. In the event of such violations, the User’s Account will be permanently suspended, and the full amount of funds from the User’s balances will be charged by WhiteBIT as a penalty for such breach. This is necessitated by WhiteBIT’s adherence to applicable AML/CFT laws and regulations to ensure the safety and reliability of the Platform for all our Users.

The User expressly acknowledges and accepts his sole liability and responsibility for any potential damages that may result from their failure to fulfill these obligations.

5.6. The User is solely responsible for any losses or expenses incurred while using WhiteBIT Services if the User cannot be contacted through the e-mail and/or via the address provided to WhiteBIT. By entering into this User Agreement, the User acknowledges and agrees to update all the provided information in case of any changes.
5.7. By registering the Account, as well as entering into this User Agreement, the User authorizes WhiteBIT to send, directly or through third parties, requests WhiteBIT considers necessary to confirm the User’s identity or protect the User and/or WhiteBIT from fraud or crimes, as well as to take measures WhiteBIT will reasonably find necessary based on the results of such requests.
5.8. The Account may only be used by the Person, in whose name it was registered. WhiteBIT reserves the right to temporarily restrict the use, freeze or close the Account if there are suspicions of the use thereof by a Person, who is not the Person, in whose name the Account was registered unless otherwise agreed by the Parties in writing. The User must immediately notify WhiteBIT of the unauthorized use of the User’s username, password or any other attempts of unauthorized access to the Account if the User suspects or becomes aware of such unauthorized use.
5.9. The User himself/herself must set the username and password during registration. The User can also change the password at any time after completing the registration procedure.
5.10. The User agrees that his/her Account Information is confidential and the User will not disclose such information to third parties. The User also agrees to be solely responsible for taking necessary security measures to protect the Account and the Account Information and consequences of non-compliance with such measures.
5.11. The User must ensure security measures and safety of the password and other Account details (credentials) to prevent disclosure thereof to third parties; wherein, the User independently determines the best procedure for storing such information and data and also takes measures to prevent illegal or unauthorized disclosure and use thereof.
5.12. The User agrees to:

• immediately notify WhiteBIT if he/she becomes aware of any unauthorized use of the Account Information by any Person, as well as any other breach of the security rules;
• strictly comply with the mechanisms and procedures in force on the Website concerning the security rules, identity verification, Depositing, Withdrawal, Transactions of Funds; and
• perform the appropriate actions to exit the Website at the end of each visit.

5.13. WhiteBIT is not liable for any losses or damage arising out of any unauthorized use by the User or any third party (regardless of whether it was authorized by the User for such use) of the Account using his/her login credentials (including received as a result of a phishing attack on the User).
5.14. WhiteBIT maintains a robust system of internal security, monitoring, and control, where employee actions are logged, and access to User credentials is technically restricted. While the User is responsible for safeguarding their login information and acknowledges the risk of phishing attacks or negligence on their part, this does not limit WhiteBIT’s potential liability in cases where unauthorized transactions occur due to operational failures, external breaches, or other incidents attributable to the Platform. Nothing in this clause limits WhiteBIT’s obligations under applicable AIFC Rules or Regulations.

6. Operations on the Account

6.1. All Funds legally transferred to the Account in accordance with applicable Law and this User Agreement belong to the User.
6.2. All operations on the Account are performed according to the User’s Orders made in the appropriate form on the Platform through the User’s Account.
6.3. To deposit Funds to the Account, the User needs to transfer the Funds according to the details specified by WhiteBIT in the User’s Account. We reserve the right to request various types of documents and data to verify the source of funds of the User, such as additional KYC verification, documentation regarding the source and origin of funds, proof of transactions (including wallet confirmations, flow of funds, any related correspondence, etc.), and/or photo/video verification, among others. In such cases, we shall refrain from crediting the Funds and/or accepting subsequent User Transactions/Orders related to said Funds until the required documentation and data are provided, following the requirements of WhiteBIT’s internal AML/CFT compliance rules and procedures. Failure to provide the requested information may result in the blocking/suspending of the User’s Account until the necessary data and/or documents are received.
6.4. The number of confirmations for the full Depositing of Digital assets to the Account may differ depending on the type of Digital assets (the necessary number of confirmations is determined solely by WhiteBIT). WhiteBIT may preliminarily display on the Account’s balance the Digital assets in process of Depositing (before obtaining the necessary number of confirmations) but Digital assets will be unavailable for the further Transactions (including Withdrawal) before receiving the necessary number of confirmations.
6.5. WhiteBIT is entitled to set and change minimum/maximum limits for Depositing and Withdrawing the Funds in accordance with the Acting Law of the AIFC. WhiteBIT will not be liable for not making any prior notices to the Users regarding such changes.
In such case:

• if the Account was deposited with an amount less than the minimum for Depositing, the Funds will not be deposited to the User’s Account on the Platform until the User has deposited an amount equal to or greater than the minimum Deposit Amount;
• amounts that do not meet the specified minimum Deposit Amount are cumulative and will be credited to the User’s Account balance on the Platform when they are equal to or greater than the minimum Deposit Amount;
• if the Account was deposited with an amount more than the maximum for Depositing, the operation may be investigated and considered by WhiteBIT – as a result, the Funds shall be deposited or returned, unless otherwise is required by AML/CFT regulations.

6.6. To withdraw the Funds from the Account, the User needs to pass the appropriate procedure using the appropriate functionality of the Account. WhiteBIT reserves the right to add additional confirmation procedures related to Withdrawing the Funds.
6.7. The Platform may set some restrictions on the Withdrawal of the Funds and/or on the Transactions – prohibition to initiate the Withdrawal the Funds and/or the Transactions earlier than the certain period after the change of the User’s profile/data in (bound to) the Account, including change or restoration of the password, as well as change of the authorization method. Also, the Platform or a financial institution (electronic money issuer, payment service provider, bank, etc.) may establish restrictions on the Withdrawal of the Funds for a certain period in case of Depositing the Account using certain methods (including reported/considered at the discretion of WhiteBIT as bringing AML/CFT or security risks). Confirmed Withdrawal is irreversible and cannot be cancelled.
6.8. WhiteBIT is not entitled to initiate Withdrawal/Transaction of the Funds from the User’s Account without the relevant order of the User, except as otherwise stipulated by this User Agreement.
6.9. WhiteBIT reserves the right to annul the appropriate Digital assets on the User’s Account in case if they were delisted from the Platform if the User has not initiated their Withdrawal to external wallet (address) within the period determined by WhiteBIT.
6.10. Funds can be transferred with the purpose of making Deposit, performing Transactions, Withdrawal using the services of third parties (financial institutions, etc.). In case if User deposits or withdraws the Funds using third-party services, the initiated operation is performed using the tools/assets/means used in accordance with the offers (terms and conditions) of the third party, accepted by the User, the service of which the User is using to perform the operation, provided that such the terms and conditions are compliant with this User Agreement.
6.11. By initiating operations through the Platform using the services of a third party, the User grants the right and instructs to transfer to such third party information, including Personal data, necessary to perform the initiated operations using the tools/assets/means used in accordance with the offers (terms and conditions) of the third party, accepted by the User. Responsibility for operations performed using the services of a third party lies with the User.
6.12. WhiteBIT does not bear any responsibility for the actions of such third party. The User is solely responsible for the payment of all commissions and fees related to such transfer of the Funds, and also assumes risks associated with the indication of incorrect payment details.
6.13. The User Agreement and Website Fees Section includes a breakdown of all fees and charges payable to or via WhiteBIT for providing custody of digital assets. These fees will be clearly stated and agreed upon before any custody services commence, and the timing of when these fees are charged will be explicitly outlined in the fee schedule available on the Website or Platform.
6.14. WhiteBIT will provide the User with all the necessary information required to carry out a transfer of Digital assets, including the precise steps involved, any required data (such as wallet addresses and network details), and potential fees associated with the transfer.
6.15. The form and procedures for giving consent to a transfer of Digital assets are clearly outlined in the User’s Account. The User must confirm their consent through the Platform, following the specific instructions provided by WhiteBIT to initiate any transfer.
6.16. WhiteBIT will provide an estimate of the time it will normally take to carry out a transfer of Digital assets. This estimate is based on the current network conditions and other operational factors.
6.17. A transfer will be considered complete when the Digital assets have been successfully sent to the specified recipient address and the transaction has been confirmed. The User will receive a notification confirming the completion of the transfer.
6.18. All information and communications relating to transfer services will be provided to the User through the Platform. The timing, frequency, language, and technical requirements for receiving communications will be specified at the time of the transaction. WhiteBIT will ensure that these communications are clear and accessible.
6.19. WhiteBIT has established clear policies and procedures to address unauthorized or incorrectly executed transfers. The circumstances in which the User is entitled to redress, and the procedures for reporting and resolving such issues, are detailed in this User Agreement, particularly in Section 8 (Unauthorized Operations), Section 21 (Complaints Handling Procedures) and the accompanying Privacy Policy.
6.20. If there is suspected or actual hacking, theft, or fraud, WhiteBIT will follow the procedures outlined in Section 4 (Anti-Money Laundering, Countering Financing of Terrorism and Know Your Customer Policy), Section 8 (Unauthorized Operations), and Section 16 (Restriction, Suspension or Termination). and this Agreement.
6.21. The mechanisms by which the User can track their Digital assets held with WhiteBIT are integrated into the User’s Account. WhiteBIT provides real-time access to transaction history, balances, and the status of any pending transfers through the Platform, ensuring transparency and security for all Users.

7. Cancellations and refunds

7.1. After the Funds in Fiat money have been credited to the balance of the User’s Account, the Services are deemed to be duly provided to the User in full.

7.2. If the User does not intend to make any exchange operations using the deposited funds, he/she can withdraw these Funds.
7.3. If the User did not utilize the Fiat money to make any exchange operations using the deposited Funds, he/she can withdraw these Funds exclusively to their own bank accounts, credit, and debit cards, within the functionality of the Platform, provided that such a refund is supported up to the appropriate date.
7.4. Once an Order to exchange Fiat money to Digital assets has been executed it cannot be cancelled or recalled.
7.5. All Orders are final and cannot be refunded once the Digital assets have been credited to the User’s Account. Once an amount of funds has been sent to the User’s Account it cannot be recalled or retrieved under any circumstances.
7.6. If the User makes a Deposit in Fiat money and then exchanges the Fiat money to Digital assets the tansaction of Fiat money depositing cannot be recalled or retrieved under any circumstances. In this case the services are deemed to be duly provided to the User.
7.7. WhiteBIT’s obligation towards the User will be absolutely discharged upon depositing the Digital assets to his/her Account and the User shall have no claim or right against WhiteBIT upon such Transaction.
7.8. By initiating/executing a Fiat money Deposit through our third-party payment processing providers, the User explicitly consents and instructs WhiteBIT to promptly reflect the deposited Fiat money into the Digital asset USDT (USDC), or any other relevant stablecoin. Consequently, these Fiat funds will be held under custody in USDT (USDC), or any other relevant stablecoin equivalent within WhiteBIT, and the User’s Account balance will be displayed in Fiat money (e.g., in EUR (Euros), reflecting the equivalent value of the underlying USDT (USDC), or any other relevant stablecoin Digital asset based on the Platform’s exchange rates on the date of such Fiat money deposit.
7.9. By initiating/executing a Fiat money Withdrawal, the User provides explicit consent and instructs WhiteBIT to promptly reflect the relevant amount from USDT (USDC, or any other relevant stablecoin Digital asset to Fiat money, followed by the subsequent withdrawal of the Fiat money through our third-party payment processing providers.
7.10. Under certain conditions, subsequent to the User’s successful Fiat money Deposit, we explicitly reserve the right to return/refund these Fiat money Funds to the originating/sender’s account while concurrently ceasing our operational services for such User. In such instances, the User assumes sole responsibility for bearing the Fees pertaining to Fiat money Transactions concerning the return or refund of such Funds.

8. Unauthorized operations

8.1. If the User has discovered unauthorized/abnormal operations or activities, including, but not limited to, Depositing and/or Withdrawing the Funds to/from the User’s Account and/or placing/executing the Orders that are unknown to the User and/or were not initiated by the User, the User must immediately notify WhiteBIT thereof and follow our instructions. Such notifications may be treated as complaints in accordance with Section 21 (Complaints Handling Procedures) of this Agreement.WhiteBIT reserves the right to freeze the Funds on the Account until the end of the investigation. WhiteBIT reserves the right to temporarily freeze the relevant Funds during the course of its investigation. However, such freeze shall be applied only where there is a reasonable suspicion of fraud, illegitimate activity, or risk to the Platform’s integrity, and shall not be indefinite. The User will be informed of the outcome of the investigation and the resulting actions in a timely manner.
8.2. WhiteBIT reserves the right to freeze, cancel, or revoke a Transaction (including Withdrawal of the Funds and/or any Transaction of the Funds), that has already been performed, upon the request of the financial institution involved in the settlement (performing) of the Transaction and/or based on the result (conclusion) of the investigation related to the suspicious operation report (SAR). In such cases, the User must cooperate with WhiteBIT to determine the reasons and the grounds for such action.

9. Fees

9.1 For Services provided on the Website and/or the Platform (and/or via mobile application) WhiteBIT applies the appropriate Fees. The User irrevocably authorizes WhiteBIT to charge (debit) applicable Fees from his/her Account. These fees are based on the services used by the User and are subject to change as per the discretion of WhiteBIT, with prior notice provided to the User in accordance with the terms of this Agreement. All applicable Fees are published on the Platform [link] and form part of this Agreement.
9.2. WhiteBIT reserves the right to amend the fees, costs, and other charges from time to time. Any changes will be communicated to Users through the Platform or by email, and the continued use of the Platform after such changes will be deemed as acceptance of the new fees. WhiteBIT does not impose any hidden fees. All charges are transparently communicated, and Users are encouraged to review the applicable fees before engaging in any transaction on the Platform.
9.3. If the User does not perform at least one Transaction, Depositing or Withdrawing the Funds during six (6) calendar months, such User’s Account will be considered inactive (hereinafter - the “Inactive Account”).
To all the Inactive Accounts WhiteBIT may apply a special fee (hereinafter - the “Inactive Account Fee”).

WhiteBIT will try to preliminary notify the User about applying the Inactive Account Fee but such fee may be applied by WhiteBIT regardless of sending/reception of the notice from WhiteBIT.

If the amount of Funds on the User’s Account is less than the amount of the Inactive Account Fee, WhiteBIT debits the entire balance of Funds from such Account. If the Inactive Account is empty it can be terminated (closed) by WhiteBIT without permission (consent) of its owner.

10. Orders and Transactions

10.1. The Platform allows the User to create (initiate) the Orders to buy or to sell Digital assets. This section applies to all products and financial instruments on the Platform, including but not limited to trading products such as spot and convert. It also covers all transactions, both internal and external, including deposits to and withdrawals from the Platform.
10.3. By creating (initiating) the Order the User makes an offer to all other Users to conclude a Transaction on the terms and conditions specified in the relevant Order. WhiteBIT unilaterally sets the interface for creating (initiating) the Orders, determines possible types of the Orders and which parameters of the Order shall be determined by the User, who initiates it.
10.4. The User agrees that the Order may be executed both in full and by parts.
10.5. To create (initiate) the Order the User shall have enough Funds on the Account to meet (to execute) his/her obligations corresponding with the Order (as well as other active Orders opened by the User).
10.6. The User recognizes that the Order should only be submitted after careful consideration and the User understands and accepts the consequences of its execution. The User agrees that as soon as the Order is executed, such Transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the seller’s and the buyer’s Orders without prior notice to the seller and the buyer and will be considered to have taken place at the execution date and time. Users accept that the trading engine has been designed to ensure that all matched orders are final and irreversible in normal circumstances. Users are required to review all order details carefully prior to submission, as executed trades immediately result in the provision of the service and are binding.

10.7. The User acknowledges and agrees that in case the destination address is not specified and/or is incorrectly indicated and/or if the reference number (for example, memo) is incorrectly specified; and/or if the Deposit is made from the network (Token standard) which is not supported by WhiteBIT; and/or if the Withdrawal is made to the network (Token standard) which is not supported by the recipient; and/or if the network (Token standard) wrongly selected by the User; and/or if the wallet addresses specified with the incorrect memo (Destination tag); and/or if the other details of User’s Transactions specified incorrectly, the User may lose the Funds or it may cause delay of the Order execution. In such cases, the User himself/herself bears responsibility for his/her inaccurate and incorrect actions and also carries the risk of losing Funds. WhiteBIT in any case will not compensate for such losses.
10.8. WhiteBIT may set a minimal and maximal Order amount and/or other restrictions (limits) for the trade Orders (operations). Restrictions (limits) may vary for each trading pair (and/or depending on other details).
10.9. All operations on the User’s Account, including those related to making Deposits, Withdrawals, creating/executing the Orders are displayed in the User’s Account.
10.10. The pending Order not canceled by the User, who has made it, is valid until executed. Nevertheless, WhiteBIT reserves the right to set time limits for the pending Orders.
10.11. As an integral part of this User Agreement, it is hereby understood and accepted that all transactions involving WhiteBIT products and products of the partners shall be considered irreversible, and thus no refunds are provided. WhiteBIT shall furnish said products and services strictly on an "as is" and "as available" basis.
10.12. If WhiteBIT determines in its sole discretion that one or more of your Orders, or a combination of two or more of your Orders pose a serious threat to the proper functioning of any of the Digital assets markets including to the price of Digital assets, WhiteBIT reserves the right to cancel or void any of your Orders and/or Transactions that We, in Our sole discretion, deem to be fraudulent, manipulative or disruptive to or such that may damage other Users or the Platform in any way.

11. User’s Personal data

11.1. Rules for the collection, storage and protection of Personal data received by WhiteBIT from the Users are governed by the Privacy Policy. Please refer to this document.

12. Prevention of the illegal use of the Website and Platform

12.1. By accessing or using the Platform and/or the Services, the User agrees to comply with the requirements of all Laws, regulations, intellectual property rights or other rights of third parties and not to commit offenses and to be responsible for his/her behavior when using our Platform and Services. Without limiting the foregoing, the User agrees not to:

• provide (submit) false, inaccurate or misleading information (documents);
• use the Services (the Platform) for fraud and/or for any other illegal operations, including using credit and debit cards obtained illegally;
• use the Services (the Platform) to pay, support or otherwise participate in any illegal gambling, fraud, money laundering, terrorist activity or other illegal actions (activities);
• use the Services (the Platform) for financing operations or activities, for which administrative, criminal or civil liability is provided for in accordance with the applicable Laws;
• use the Services (the Platform) in a way that may disrupt, adversely affect or prevent other Users from the full use of the Services (the Platform) or somehow damage, disable, overload or disrupt the functioning of the Services (the Platform);
• use any robots, crawlers, scrapers or other automated tools or interfaces that were not provided by WhiteBIT to access the Services or to extract data;
• use or try to use the Account of another User;
• use the Services (the Platform) bypassing the procedure stipulated by this User Agreement or bypassing/exceeding the User’s level of access to the Platform; try to access any area of the Services, the Website or the Platform, to which the User does not have access rights;
• change the software used by the Website or the Platform in any way, take any actions aimed at changing the functionality and operability of the Website, the Platform disabling or interfering with the operation of the Website;
• insult in words or perform any other actions violating rights and freedoms of other Users and/or third parties;
• copy and/or disseminate any objects or intellectual property published on the Website or used by the Platform; copy or otherwise use parts of the program (code) of the Website, the Platform, as well as design of the Website; use Personal data of third parties without their permission;
• develop any third-party applications interacting with the Services without our prior written consent.
• perform a Transaction, place an Order, or execute any other activity or operation that affects or is likely to affect the price of one or several Digital Assets, which employs a fictitious device or any other form of deception or contrivance;
• cause injury to, or attempt to harm WhiteBIT, and/or any of our Users or any Person through your access to the Website, our Platform or any of Our Services, including posting, submitting, publishing, displaying, or transmitting any Order or Transaction intended to take advantage/exploit of any error by another User/Person or manipulate one or several Digital Assets’s market;
• utilize the Website, our Platform or any of Our Services to (1) engage or attempt to engage in wash trading, spoofing, fictitious trading, or price manipulation; (2) submit Orders with the intention to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of Transactions; or (3) place Orders in one or several Digital Assets’ markets with the intention of creating the false impression of market depth or market interest.

12.2. In case of detection of unauthorized, erroneous, fraudulent, abnormal or unlawful Transactions from the Users, as well as due to Compliance reasons, or in case we have requested, as part of our regulatory obligations and internal Compliance procedures, certain documents and data from the User, the access to the Account may be limited (suspended) for verification for a term of up to 30 Business days. This period is not final and may be extended up to 90 (ninety) business days at our sole discretion, following our internal AML/CFT and Compliance, as well as in case of reasonable doubt of a breach or an actual breach of this User Agreement, AML/CFT Policy, Privacy Policy, or any applicable Laws and regulations by the User.
12.3. The User agrees that in case of a breach of this User Agreement, WhiteBIT is entitled to suspend or terminate the User’s Account.

13. Warning of the risks and acceptance of risks by the User

13.1. Trading with, Transactions, holding of Digital assets are related to significant risks. Prices may fluctuate on a daily basis. Such price fluctuations can increase or decrease the value of the User’s assets at any time. Any currency, whether virtual or not, can undergo significant fluctuations in value, as well as completely depreciate. There is an inherent risk of losses as a result of purchase, sale, or any trading in the market.
13.2. Trading with Digital assets is also related to special risks that are not usually peculiar to Fiat money and/or goods and/or commodity (not virtual/digital) assets. Unlike most Fiat money guaranteed by governments, Digital assets are unique types of assets supported by technology and trust. There is no central bank that could issue more currency or take measures to protect the value of Digital assets in a crisis.
13.3. Trading with Digital assets is often subject to irrational (or rational) “bubbles” or loss of confidence, which can lead to a drop in demand relative to supply. For example, confidence in Digital assets may fall due to unexpected changes imposed by software developers or other persons, government measures, creation of superior competing alternative Digital assets, as well as deflationary or inflationary spirals. Confidence can also be reduced due to technical problems: if the anonymity of the system is compromised, if assets are lost or stolen, or if hackers or governments can prevent any Transactions.
13.4. There may also be additional risks we did not foresee or define in this User Agreement.
13.5. The User understands that all operations with Digital assets are irreversible and that the Funds received as a result of the Transaction can be returned only under a separate additional agreement/deal with the appropriate Person. The User cannot cancel, recall or change any Order with completed or executed status. The User bears responsibility for the accurateness and correctness of the Transaction details (network/network standard/wallet address/memo or destination tag) and carries the risk of losing funds, no losses will be compensated by WhiteBIT in such cases.
13.6. The User warrants that he/she is aware of the basic principles of dealing with Digital assets, as well as of characteristics of Digital assets affecting their value and he/she is also aware of the relevant risks, in particular, volatility and fluctuations in their value. The User must understand that there is a high probability not to receive a fair and accurate price for the Digital assets when trading.
13.7. By accepting this User Agreement, the User acknowledges and accepts any risks associated with the Transactions, agrees to comply with this User Agreement, recognizes and accepts the mentioned and any other risks.
13.8. The User acknowledges and agrees that, to the maximum extent permitted by applicable law, WhiteBIT shall not be liable for any failures, delays, errors, or losses arising from circumstances that are outside its reasonable control, including but not limited to:
(i) the functionality, performance, or reliability of any public blockchain or distributed ledger; and
(ii) services or systems provided by independent third-party providers that are not under WhiteBIT’s operational control.
WhiteBIT remains responsible for the proper execution and recording of Transactions on its Platform in accordance with its internal rules and procedures. Nothing in this Agreement shall operate to exclude or limit liability for matters arising solely from WhiteBIT’s own willful misconduct, fraud, or gross negligence.
WhiteBIT’s liability, if any, shall be strictly limited to the extent mandatory under applicable law, and no additional warranties or obligations shall be implied beyond such legal requirements.
13.9. WhiteBIT is not financial consultant and does not have fiduciary relationships or obligations to the User. However, to the extent WhiteBIT acts under a regulatory license (e.g., as Custody Provider or Digital Asset Trading Facility Operator), it acknowledges and complies with the duties and responsibilities arising under applicable AIFC Rules and Regulations, including the duty to act honestly, fairly, and in the best interests of its Users where required.
13.10. By using the website of WhiteBIT and by entering into this Agreement, the User fully understand and was made aware of the inherent and potential risks associated with an investment in any products or services provided by WhiteBIT, including, but not limited to the risk of a complete loss of User’s funds and investment, or delays in payment or the realization of gains, associated with the provision of service by the WhiteBIT operating in a testing regulatory regime (“FinTech Lab”). 
I acknowledge the potential risks involved foreseen or otherwise, AND HEREBY UNEQUIVOCALLY AND IRREVOCABLY RELEASE, DISCHARGE, WAIVE AND COVENANT NOT TO SUE AND AGREE TO HOLD HARMLESS ASTANA FINANCIAL SERVICES AUTHORITY AND ITS OFFICERS, and the respective successors and assigns of all of the foregoing from any and all claims, liabilities, legal action for damages, losses, costs directly or indirectly arising out of or otherwise relating in any respect whatsoever to activities, services or products provided by the WhiteBIT.

The User may sue the WhiteBIT for all claims, liabilities, legal action for damages, losses, costs arising out of or otherwise relating in any respect whatsoever to activities, services or products provided by the WhiteBIT.

14. Intellectual property and limited use

14.1. WhiteBIT is the sole owner (except to the extent owned by third-party licensors) of all rights, titles and interests in and to the Platform, the Website, the Data, and each component thereof, trademarks, all custom modifications, work products, deliverables, or other materials created by or on behalf of WhiteBIT, and all intellectual property rights with respect thereto, and all rights not explicitly granted in this User Agreement are reserved by WhiteBIT.
14.2. The User shall not obtain any rights in or to the intellectual property rights, except for those limited rights licensed to him/her by WhiteBIT. The User shall take all steps necessary to maintain the confidentiality of all documents and material provided by WhiteBIT or any of its Third-party providers with respect to the Platform and each component thereof.
14.3. The User shall not:

• alter, maintain, enhance or otherwise modify the Platform;
• disassemble, decompile, reverse-engineer, copy, bug fix, correct, update, transfer, broadcast or create derivative based on the Platform nor otherwise take express action to develop the equivalent of the Platform (similar Platform).

14.4. Subject to the User’s compliance with the terms and conditions of this User Agreement, AML/CFT Policy and procedures, Privacy policy, Fees the User is granted a limited, revocable, non-exclusive, non-transferable license to access and use the Platform, the Website (the term may be set/limited/altered by WhiteBIT) for purposes set out in, and in a manner consistent with, this User Agreement, AML/CFT Policy and procedures, Privacy Policy.
14.5. The User acknowledges and agrees that WhiteBIT shall use information regarding the User’s Personal data (information) in accordance with its Privacy policy, as such policy may be amended from time to time by WhiteBIT.

15. Use of the Services, the Website, security, information

15.1. The User acknowledges and agrees that WhiteBIT shall have sole discretion and absolute control over, and the right to modify at any time, the Website and the Platform, as well as the exclusive right to make any changes to their functionality, configuration, appearance and content.
15.2. We do not guarantee that the Website, the Services and/or the Platform will be available all the time for use without the absence of any delays, failures, errors, or loss of transmitted information. We do not guarantee that the Services (the Platform) will be available via the mobile application.
15.3. We will make reasonable efforts to ensure that the Users can access the Website, the Services and/or the Platform in accordance with this User Agreement. However, we may suspend the use of the Website and/or the Platform for maintenance and will use reasonable efforts to notify the Users. The User acknowledges that this (prior noticing) may not be possible in an emergency, and the User assumes risks associated with the fact that he/she cannot always use the Website and/or the Platform or perform urgent Transactions using his/her Account.
15.4. Any use of the Internet may be subject to a virus attack and/or a communication failure. WhiteBIT accepts no responsibility for any damage or interruption caused by computer viruses, spyware, Trojan horses, worms or other malware that can affect the User’s system, computer or other equipment, or any phishing, spoofing or other virus attacks. WhiteBIT recommends that the User always uses reliable and affordable software to scan and prevent viruses. The User should also be careful when viewing text messages and e-mails that allegedly come from WhiteBIT, as SMS and e-mails are also vulnerable to phishing and spoofing, as well as some viruses. It is advisable that the User enters his/her Account only through the Website (to avoid fraud/phishing websites the User must carefully check the address of the Platform each time he/she uses the Services, the Platform) and avoid messages from unverified senders offering him/her entry options.
WhiteBIT’s liability, to the maximum extent permitted by applicable law, shall be strictly limited to obligations expressly imposed by such law, and no other warranties, representations, or liabilities of any kind, whether express or implied, shall arise or be deemed to arise in connection with the use of the Platform or the Services.

15.5. Despite the fact that we intend to provide accurate and timely information on the Website, the Website (including, without limitation, content thereof) may not always be completely accurate, complete or current and may also contain technical inaccuracies or typos.
15.6. In an effort to continue to provide the User with the most complete and accurate information possible, information may, within limits permitted by the applicable Laws, be amended or updated without a prior notice, including, without limitation, in relation to our policies, products and the Services. Accordingly, the User must verify all information before relying on it (the User must get acknowledged with the up-to-date version of User Agreement before each using the Services/the Platform) and all decisions based on the information posted on the Website are the User’s sole responsibility (we are not responsible for them).
15.7. If the User uploads any content to the Website, including, without limitation, any text, picture or other material, the User represents and warrants that such content will not consist of:

• false, misleading or illegally obtained information;
• copyrighted material the User is not entitled to publicly post;
• obscene, abusive, illegal content or any other content that can damage or jeopardize WhiteBIT’s reputation;
• or anything prohibited by any applicable Law.

15.8. Without exempting the User from the above liability, WhiteBIT may, at its sole discretion, delete any content violating the above requirements, in addition to any further actions WhiteBIT may deem necessary. WhiteBIT is not obligated to check any such content and assumes no responsibility in this regard.
15.9. The User acknowledges and agrees to the fact that WhiteBIT cannot and does not confirm or guarantee the authenticity, identity or reliability of any content and information posted by or attributed to any User of the Website; thus, the User relies on any content of the other Users solely at his/her discretion and risk.

16. Restriction, suspension or termination

16.1. The User can terminate this User Agreement with WhiteBIT and close his/her Account at any time after having settled all incomplete Transactions (the User participates in), having paid applicable Fees and executed all other obligations, which either directly or indirectly arose from his/her use of the Services (the Platform).
16.2. Notwithstanding any other provision of this User Agreement, the User confirms that WhiteBIT is entitled to restrict the User’s access, set limits on the User and/or temporarily suspend the Account and/or the User’s access to the Website, the Platform, the Services (including the ability to place the Orders and perform the Transactions), in whole or in part, or to refuse to enter into, to participate in any or all Transactions, to block the Funds on the Account if in WhiteBIT’s sole discretion any of the following circumstances occur or WhiteBIT considers such circumstance to be likely to occur or if any of the following circumstances is possible in the opinion of WhiteBIT:

• complete or partial failure of the Website and/or the Platform, including failure of any of the technologies constituting the Website and/or the Platform or any communication channels within the Website and/or the Platform or between the Website and/or the Platform and any other Person or counterparty or any other circumstance, when WhiteBIT considers, at its discretion, that WhiteBIT is not able to provide access to the Website and/or to the Platform;
• a breach in the security of the Website and/or the Platform;
• when there is a reasonable doubt of a breach or an actual breach of this User Agreement, AML/CFT Policy, Privacy Policy or any applicable Laws and regulations;
• in order to comply with Law (including, but not limited to, a ban or restriction of any Digital asset);
• detection of unusual and/or unauthorized, erroneous, fraudulent, or unlawful activity on the Account; detection of unauthorized access to the Account;
• in connection with the procedural actions of Governmental authorities in relation to a specific Account and/or the User, criminal investigation or any legal process; by a court decision or decision of a Governmental authority; if the User’s Account and activities related to it have become the subject of judicial and administrative proceedings;
• in connection with market conditions or conditions in relation to a particular Digital asset or pair, which justifies this as a necessary measure in the opinion of WhiteBIT;
• If you are indebted to WhiteBIT for outstanding amounts, which remain unsettled, whether arising from a chargeback or any other cause;
• If you receive, or attempt to receive, Funds from both WhiteBIT and another User for the same Transaction, or if you conduct your activities or use our Services in a manner that leads to, or may lead to, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liabilities to us, other Users, third-party providers, financial institutions, or yourself.

16.3. Any action taken by WhiteBIT in accordance with this section will continue for a term determined at the discretion of WhiteBIT, as further provided in Section 12.2. The User agrees that any evasion of or any attempt to evade access restrictions, limits or temporary suspension in accordance with this section of this User Agreement constitutes a material breach of this User Agreement; and taking any action in accordance with this section is a right and not an obligation of WhiteBIT.
16.4. In addition, the User acknowledges and agrees that in case of any of the circumstances listed in this section, WhiteBIT may cancel the Transaction the User has previously initiated or performed using the Platform.
16.5. The User agrees that WhiteBIT is entitled to immediately suspend the Account, block any Funds on the Account, to suspend the access to the Services (to the Platform) and/or terminate the Account, in the following cases:

• WhiteBIT has detected on the Account activity related to money laundering, financing of terrorism; breaking by the User the applicable Anti-Money Laundering, Countering Financing of Terrorism Laws and regulations;
• the User’s Account and activities related to it have become the subject of criminal investigation;
• using the Account by UN, EU or USA sanctioned person;
• when there is an actual breach by the User of this User Agreement, Privacy Policy or any applicable Laws and regulations;
• WhiteBIT is required to do so by a court order or an order of an authorized Governmental authority.

16.6. In case of termination of this User Agreement due to fraudulent activity, breaking Anti-Money Laundering, Countering Financing of Terrorism Laws and regulations, a material breach by the User of this User Agreement (including, but not limited to using the Services by Sanctioned Person) or within the investigation of fraudulent Transactions and combating money laundering, WhiteBIT is entitled to cancel the data of the User’s Account and/or to impose (and to charge) a fine in the amount of the entire balance of Funds on the User’s Account. Any such conduct, including but not limited to coordinated activity, use of insider knowledge, market manipulation, or other material breach that may result in financial harm to WhiteBIT or other Users, shall be treated as a serious violation. WhiteBIT reserves the right to apply immediate measures to prevent or mitigate the impact of such violations, including account suspension, restriction of services, and confiscation of Funds. WhiteBIT’s liability, to the maximum extent permitted by applicable law, shall be strictly limited to obligations expressly imposed by such law.
16.7. In instances where WhiteBIT detects any illicit use of the Website and Platform, including but not limited to market manipulation, use of insider knowledge, coordinated multi-accounting, or any other material breach that may result in financial harm to WhiteBIT or other Users,as well as any breaches by the User of the terms outlined in this User Agreement, WhiteBIT reserves the right, at our sole discretion, to seek restitution of Funds acquired as a result of such malicious and/or harmful behavior by the User.
16.8. WhiteBIT is committed to ensuring safe and reliable usage of our Platform and Services for all Users. In pursuit of this goal, we consistently implement measures to safeguard ourselves and our Users against any form of fraud and dishonest activities. Please note that upon receiving a chargeback request or fraud report from a third-party provider or any financial institution concerning a previously successful deposit transaction credited to your Account, your Account will be automatically suspended or restricted to prevent potentially fraudulent or dishonest actions and/or financial losses, until we thoroughly investigate all circumstances. This measure is implemented at our discretion without exceptions and applies to both the User’s current balance and the possibility of unlocking the Account.
16.9. Upon termination, suspension, blocking, or restriction of your Account, or your access to one or more of our Services, WhiteBIT reserves the right, at its sole discretion, to undertake the following actions:

• If you have active Orders or Transactions, they may be canceled either by you or by us, depending on the circumstances surrounding the termination, suspension, blocking, restriction, or any other action taken by us;
• Any chargeback resulting from the utilization of your Account or our Services may lead to an immediate suspension and/or restriction of your Account and the use of our Services and/or Platform;
• To restore a suspended and/or restricted Account or the provision of our Services, you may be obligated to reimburse us for the entire value of the chargeback, inclusive of any outstanding amounts owed to us, along with any applicable fees;
• You bear full responsibility for any credited amounts in the event of a chargeback. By agreeing to the terms of this User Agreement, you explicitly consent and grant us the right to deduct associated charges and fees directly from any assets held within your Account without any prior notice.

17. Representations and warranties

17.1. On the execution date of this User Agreement and on the date of each using of the Services/the Website (Depositing/Withdrawing any Funds, placing each Order, making/initiating each Transaction), the User represents and warrants to WhiteBIT and agree in favor of WhiteBIT, its affiliates and their Representatives that:

• The User has reviewed all the documents (including those published on the Website) provided to the User in connection with the Services and the Platform, and the User understands and agrees that using the Services provided by WhiteBIT will be governed by these documents as amended from time to time. The User must not apply for registration on the Platform in order to create the Account or deposit the Funds or place the Order, perform/initiate Transaction, use other Services available via the Website if the User is not aware of how the Services or the Platform operates or of risks related to the Services or of the nature of the risks associated with it.
• The execution of this User Agreement and performance of all obligations contemplated under this User Agreement have been duly authorized by all necessary action by the User; and each Person executing this User Agreement (or authorized to accept its terms electronically or otherwise) and entering into each Transaction (or using other Services) hereunder on the User’s behalf has been duly authorized to do so. All information provided by the User to WhiteBIT, including, but not limited to, the information provided by the User in his/her Account, is reliable, accurate and not misleading.

17.2. The User shall guarantee that:

• the User is able to make or take delivery of the full amount of the Funds required to be delivered as a result of each Transaction the User entered in;
• execution by the User of this User Agreement and entering into each Transaction (and/or using other Services), as well as the User’s performance of his/her obligations under this User Agreement and his/her use of the Services (the Platform) will not violate any applicable Law;
• the User has received and will comply with the terms and conditions of all licenses, consents, registrations, permits, authorizations, exceptions and memberships necessary to use the Services and the Platform under this User Agreement, including Depositing/Withdrawing the Funds, entering/executing Transactions on the Platform;
• the User has sufficient expertise, experience and knowledge necessary to make informed decisions regarding using the Services/the Platform, and the User will not rely on any message or statement (written or oral) of WhiteBIT as investment advice or recommendations to enter into any Transaction; the User will be prudent and careful in determining whether to enter into Transaction or otherwise perform activities on the Platform (use the Services);
• Person accessing the Platform acts as a principal, and not on behalf of any third party unless this Person is a Representative of the User.

17.3. WhiteBIT represents and warrants that it shall provide the Services and shall carry out its obligations with reasonable care and skill.

18. Limitation of the liability and no advice

18.1. To the maximal extent permitted under the applicable Law, the Services, the Platform, the Website, the mobile application, materials and any product or other item provided by or on behalf of WhiteBIT are provided on an “as is” and “as available” basis and WhiteBIT expressly disclaims, and the User waives, any and all other warranties of any kind, whether expressed or implied, including, without limitation, implied warranties of functionality, fitness for a particular purpose or non-infringement or warranties arising from course of performance, course of dealing or use of the Services, the Platform, the Website, the mobile application.
Without limiting the foregoing, WhiteBIT does not represent or warrant that the Services, the Platform, the Website, the mobile application or materials are accurate, complete, reliable, up-to-date, error-free, or free of viruses or other harmful components.

18.2. WhiteBIT does not guarantee that any Order will be executed, accepted, recorded or remain open. Except for the express statements set forth in this User Agreement, the User hereby acknowledges and agrees that he/she has not relied upon any other statement or understanding, whether written or oral, with respect to his/her use and access of the Services, the Platform, the Website, the mobile application.
Without limiting the foregoing, the User hereby understands and agrees that WhiteBIT will not be liable for any losses or damages arising out of or relating to:

• any inaccuracy, defect or omission of Digital assets price Data;
• any error or delay in the transmission of such Data, interruption in transmitting/obtaining any such Data;
• any damages incurred by another User’s actions, omissions or violation of this User Agreement.

The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by the applicable Law.

18.3. To the maximum extent permitted by the applicable Law, in no event will WhiteBIT’s affiliates, WhiteBIT’s and its affiliates’ shareholders, owners, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other benefits) arising out of or in connection with the Services, the Platform, the Website, the mobile application, any performance or non-performance of the Services, the Platform, the Website, the mobile application, or any other product or other item provided by or on behalf of WhiteBIT.
18.4. Notwithstanding the foregoing, in no event will the liability of WhiteBIT, its affiliates and their shareholders, owners, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with using the Services, the Platform, the Website, the mobile application, any performance or non-performance of the Services, the Platform, the Website, the mobile application, or any other product or other item provided by or on behalf of WhiteBIT or its affiliates exceed the amount of Fees paid by you to WhiteBIT under this User Agreement in the six-month period immediately preceding the event giving rise to the claim for liability.
18.5. Without prejudice to the foregoing, WhiteBIT makes no representations or warranties regarding the timeliness, accuracy or completeness of any Data or other information on the Platform or results the User receives when accessing or using the Platform. WhiteBIT does not bear any responsibility for claims related to any software, technology or equipment, the Platform, existing technology, Data or any other information, materials, Digital assets or the fact that the Platform meets the User’s requirements or that access to it must be continuous, timely, safe, complete, accurate, free from errors and defects.
18.6. The User acknowledges that the software and equipment he/she uses may not support certain functions of the Platform.
18.7. Neither WhiteBIT nor any third party providing information on the Website, the Platform recommends, endorses, protects or acts as a guarantor of any Digital asset, trading pair or Transaction that is present or performed on the Platform. The User acknowledges significant risks associated with the Digital assets markets and trading Transactions. WhiteBIT does not provide financial, tax, legal, investment or other recommendations. Any information on prices, quotes, forecasts, profitability estimates or historical indicators is intended for informational purposes only and does not guarantee future results and is not an offer to buy or sell, or a recommendation to buy or sell any Digital asset or to perform any Transaction. The User agrees that the Platform is not and cannot be considered the main reason for his/her decision to perform any Transaction, and WhiteBIT is not and cannot be considered the User’s financial consultant or fiduciary trustee. By entering into this User Agreement, the User acknowledges that any use of the Data or other content of the Platform is solely at the User’s responsibility.
18.8. The User understands and agrees that, provided that we have taken reasonable precautions, provided our Services properly and performed all of our obligations under this User Agreement, WhiteBIT will be exempted from the liability for any direct or indirect losses, any lost profit, data, ability to use the Platform, operational downtime, loss of business reputation, costs on the replacement of the Services or downtime incurred to the User, the User’s affiliates and any other Person as a result of execution of or in connection with this User Agreement, even if the User, the User’s affiliate or any other Person had not previously been notified of the possibility of such losses, etc.
18.9. Nothing in this User Agreement shall and can be construed as excluding or limiting the liability of any of the parties for:

• fraud or intentional misrepresentation;
• other actions, the liability for which cannot be excluded or limited by virtue of the Law.

18.10. The Platform may contain links to third-party(ies) websites and direct the Users to other websites. Such websites are not under control of WhiteBIT; furthermore, publication of links does not mean that WhiteBIT approves such websites. WhiteBIT does not provide any warranties or representations and does not bear any responsibility with regard to the accuracy, content, terms of use, privacy policy, legality, reliability, perception, relevance, compliance with moral standards and other aspects related to such websites.
External websites have separate and independent terms and conditions of use and related policies. We ask the Users to familiarize themselves with the rules, policies, terms and conditions of each website they visit. The User must take precautions to make sure that everything he/she chooses to use is free from viruses, worms, Trojan horses and other malware.

18.9. Performing an operation, the User agrees to and independently bears all risks of Transactions. No claims regarding cancellation of operations can be filed against WhiteBIT. Unless otherwise prescribed by this User Agreement for special cases, WhiteBIT does not accept or process applications for the return and/or cancellation of operations from anyone.

19. Indemnification

19.1 The User agrees to defend, indemnify and hold harmless WhiteBIT, its affiliates and relevant employees, officers, directors and shareholders against all and any losses from property damage as a result of personal injury, death or other injuries resulting from negligence or misbehavior of the User or any Person, for whom the User is legally liable.
19.2. The User agrees to defend, indemnify and hold harmless WhiteBIT against any losses, damage, expenses, claims, litigation, fine, including court expenses incurred by WhiteBIT, which are a direct or indirect consequence of:

• the User’s misuse of the Website/the Services/the Platform or the User’s use of the Website/the Services/the Platform;
• the User’s inability to fully and timely perform any of his/her obligations under this User Agreement, including the User’s failure to perform obligations related to any Transaction or Order;
• any of the User’s representations or warranties provided in accordance with this User Agreement is or has become false or incorrect;
• any violation by the User of any Law, rule, regulation or third party rights;
• using the Platform, the User’s Account by any other Person (except the authorized Representative of a legal entity), using the User’s password or any other User’s Account data (credentials) regardless of whether it was done with or without the User’s knowledge.

20. Conflicts of Interest

20.1. WhiteBIT is committed to conducting its operations in a manner that avoids conflicts of interest. However, should any conflict of interest arise**,** including those arising from the structure of our services, third-party relationships, or the introduction of new products, it will be disclosed to Users as soon as it is identified. WhiteBIT will take all reasonable steps to manage and mitigate the impact of such conflicts.
20.2. Any conflicts of interest that may have a material impact on the services provided to Users will be clearly communicated, along with the measures taken to address and manage the conflict. WhiteBIT strives to ensure that such conflicts do not adversely affect the Users’ interests.
20.3. In the absence of any identified conflicts of interest, WhiteBIT affirms that there are no existing conflicts that would impair the impartiality and fairness of the services provided under this User Agreement. As WhiteBIT gradually expands its product suite, the Company undertakes to assess on an ongoing basis whether any additional conflicts arise and to disclose them to Users in a clear, fair, and non-misleading manner.

21. Complaints Handling Procedures

21.1. WhiteBIT is committed to providing high-quality services to its Users and takes all complaints seriously. Users who are dissatisfied with any aspect of the services provided by WhiteBIT are encouraged to raise their concerns through the official complaints process. A copy of the complaints handling procedures is available free of charge upon request and may also be accessed via website or by contacting the support team.
21.2. Once a complaint is received, WhiteBIT will acknowledge the complaint in writing within 7 days, and investigate the matter thoroughly. The User will be informed of the progress of the complaint and provided with a final response as soon as possible, and in any event no later than 60 days from the date of receipt of the complaint.
The final response will include reasons for the decision, particularly where the complaint is not upheld, and any steps taken to resolve the issue.
21.3. How to Complain
Users may submit a complaint to WhiteBIT by contacting the Complaints Manager at:
support@whitebit.kz
info@whitebit.kz
Z05T3F2,Astana,Esil district,55/21,Mangilik El,office 352
21.4. Once a complaint is received, it will be acknowledged, and WhiteBIT will investigate the matter thoroughly. The User will be informed of the progress and the outcome of the investigation, along with any steps taken to resolve the issue.
21.5. How to Complain
Customers and individuals who are aggrieved about the services or products offered by WhiteBIT or their staff may complain to the Astana Financial Services Authority (“AFSA”), the financial regulator of the Astana International Financial Centre.

To lodge a complaint to the AFSA, dispute :

+7(7172) 64 72 60

fintechlab@afsa.kz

AFSA Office, Mangilik El 55/17, pavilion C3.2

22. Applicable Law and dispute resolution

22.1. This User Agreement is governed by and construed in accordance with the Acting law of the AIFC. Any dispute, whether contractual or non-contractual, arising out of or in relation to this agreement, including any question regarding its existence, validity or termination, may first be submitted to mediation at the AIFC International Arbitration Centre (“the IAC”) under its Arbitration and Mediation Rules 2022. If the dispute is not resolved by mediation, then the Parties shall refer the dispute to arbitration at the IAC. In that case, any dispute, controversy, difference or claim, whether contractual or non-contractual, arising out of or in relation to this agreement, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the IAC in accordance with the IAC Arbitration and Mediation Rules in force on the date on which the Request for Arbitration is filed with the Registrar of the IAC, which Rules are deemed to be incorporated into this clause. The number of arbitrators shall be one. The arbitrator shall be appointed by agreement of the Parties. The seat of the arbitration will be Astana International Financial Centre, Astana, Kazakhstan. The language of the arbitration proceedings shall be the English language. Such a decision shall be final and binding on both parties and may be used or prepared for enforcement in any court having jurisdiction; if necessary, an application may be submitted to the appropriate competent court.
22.2. The Parties agree that information on the arbitration, including, but not limited to, information on the content of any arbitral award, is confidential and shall not be disclosed to third parties without the written consent of the Parties unless otherwise stipulated by the Law.

23. Confidentiality and disclosure of information

23.1. The User agrees not to disclose any Confidential information relating to WhiteBIT or its affiliates received in connection with the conclusion of this User Agreement or any investigation conducted in connection with this User Agreement and, if applicable, the User will also ensure the performance of this obligation by his/her officials, employees and consultants, to whom such information has been disclosed. Obligations stipulated by this section do not apply to Confidential information which:

• was lawfully in the User’s possession prior to the entering this User Agreement;
• voluntarily disclosed to the User by third parties if such Persons do not breach any obligations not to disclose such information;
• voluntarily released by WhiteBIT;
• is already known to the public.

23.2. WhiteBIT will not share or otherwise transmit information about the Users and/or potential users of the Website and/or the Platform, with the exception of its Representatives, the appropriate employees (in accordance to the applicable personal data protection Laws and regulations) in the ordinary course of WhiteBIT’s activities, as well as for the purposes of implementation of WhiteBIT’s banking or credit relations.
23.3. WhiteBIT may also transfer the User’s Personal data to the law enforcement agencies, data protection authorities, government officials, Governmental authorities if:

• this is required by Law;
• this is required by Governmental authorities on the basis of a subpoena, court order or decision or other legal procedure;
• WhiteBIT believes that such disclosure is required to prevent losses or financial loss;
• disclosure is necessary to report alleged illegal activity;
• disclosure is necessary to investigate breaches of this User Agreement or any applicable Law.

23.4. Privacy Policy has the priority other than this section of the User Agreement.

24. Notices

24.1. Except as expressly stipulated by this User Agreement and the applicable Law, all notifications, messages and documents related to fulfillment by the Parties of the obligations arising out of this User Agreement shall be sent and considered received by the Parties if they are e-mailed from the authorized address of one of the Parties to the authorized address of the other Party. Authorized addresses are:

• for the User: e-mail address or postal address, specified in the User’s Account (personal cabinet);
• for WhiteBIT: the appropriate e-mail address, specified on the Website or postal address of the company, managing the Website, specified on the Website.

24.2. If, in accordance with the above provision, any notification, request or other messages to WhiteBIT was delivered or made after 5 p.m. (UTC) and/or not on Business day such notification, request or other messages shall be deemed delivered or received at 9 a.m. (UTC) on the next Business day.
24.3. WhiteBIT may provide the User through the Platform with information, notifications and confirmations regarding the Orders, the Transactions, the Services, the Platform, and the use thereof. Such information, notifications and confirmations shall be deemed received by the User as soon as they become available to the User through the Platform.
24.4. WhiteBIT social media (Facebook, Telegram, Twitter, Medium, etc.), links to which are indicated on the Website home page and in the footer, are WhiteBIT official sources of communication.

25. Entire agreement, amendments and severability

25.1. This User Agreement and any other documents referred to in it constitute an entire agreement between the Parties and supersede any previous agreements, stipulated terms and conditions or agreements between them relating to the subject matter of this User Agreement. Each of the Parties acknowledges that when concluding this User Agreement, it does not rely on any statements, representations or warranties (“representations”) of any Person (regardless of whether it is a Party of this User Agreement), except as expressly specified in this User Agreement or other documents specified in this User Agreement.
25.2. WhiteBIT is entitled to unilaterally amend the terms and conditions of this User Agreement, Privacy Policy, AML/CFT Policy and procedures, as well as Fees and limits. Such amendments take effect upon the expiry of three (3) days from the date of posting a new version of the relevant documents on the Website.
25.3. With each subsequent visit to the Website before using the User’s Account, the User shall familiarize himself/herself with a new version of the above documents. Continued use of the Website and/or the Platform, through the User’s Account, will mean the User’s acceptance of the terms and conditions of a new version of the mentioned above documents.
25.4. If the User does not agree to the terms and conditions of new versions of the above mentioned documents, the User must stop using the Website and the Platform, including by closing all incomplete Transactions with WhiteBIT.
25.5. If any provision of this User Agreement is or becomes (whether or not it is such on the basis of any decision or otherwise) invalid, illegal or unenforceable in any way in accordance with the applicable Law the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
25.6. If any court or Governmental authority finds that any provision of this User Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part thereof shall be considered deleted to the necessary extent, and this shall not affect the validity, legality, and enforceability of the remaining provisions of this User Agreement.

26. Change of control and assignment

26.1. If WhiteBIT is acquired by or merged with a third party or WhiteBIT’s assets and/or business (in whole or in part) are acquired by a third party (in any of these circumstances), WhiteBIT reserves the right to transfer or to assign the information, which WhiteBIT has received from the User, including the User’s Personal data and other information as part of such acquisition, merger, sale, transfer or other change of control.
26.2. The User must not assign the rights and obligations under this User Agreement in any way without the prior written consent of WhiteBIT, and any alleged assignment in violation of this clause is invalid. WhiteBIT may assign rights and obligations under this User Agreement (in whole or in part) to other entity(ies) in connection with the transfer of all or part of WhiteBIT’s assets or business to WhiteBIT’s affiliate or any third party with prior notice at least five Business days before. By accepting this User Agreement, the User gives the irrevocable consent to the aforementioned assignment and/or transfer, including transfer of the User’s Personal data and other information, related to the User, as well as transfer of any Funds on the User Account by WhiteBIT as part of such assignment.

27. Data recording

27.1. The User acknowledges and agrees that any telephone conversations and other communications between the User and WhiteBIT, including WhiteBIT technical support service, may, at the discretion of WhiteBIT, be recorded with or without using an automatic sound notification device. In addition, the User unconditionally agrees and authorizes WhiteBIT to use such records and any transcripts thereof as evidence in connection with any dispute or lawsuit that may arise or any issue arising out of or in connection with this User Agreement, the Services, any Order or Transaction.

28. Delisting Policy

28.1. WhiteBIT is entitled to delist any coin/token from the Platform for any reason specified in the coin/token listing agreement. Having made such a decision, WhiteBIT shall send a delisting notification to the coin/token issuer (or to the team/legal entity managing the appropriate project, or to the appropriate project owner(s), or to the Person who was the initiator of listing) fourteen (14) calendar days prior to the start of the Delisting procedure. 28.2. WhiteBIT makes the decision to delist coin/token following the next criteria/circumstances:

• the coin/token is no longer supported by the team, issuer, community, etc.;
• blockchain or related technology becomes compromised or defective or has serious technical or security problems/issues (including if it became known from public sources);
• due to the implementation of new regulatory standards and other compliance issues;
• the coin/token faces significant legal issues related to compliance with applicable Laws and regulations;
• violation of the WhiteBIT User Agreement or the appropriate listing agreement;
• in cases prescribed by the appropriate listing agreement;
• multiple complaints (or suspicious activity reports) related to the coin/token from the Users;
• if it is necessary to prevent and/or stop fraud, manipulation, security breaches or other unlawful actions, hacking attacks.

28.3. The start of the Delisting procedure is marked by disabling Deposits and trading of the coin/token, specifying a time period for Withdrawal of the coins/tokens, and sending the Delisting notice to Users that possess such coins/tokens on their Accounts. 28.4. WhiteBIT will send the Delisting notices to Users that have such coins/tokens on their Accounts about the coin/token Delisting by means of e-mail notification and/or by social media post(s). Users bear the sole responsibility for regularly checking updates on the coin/token Delisting.
28.5. WhiteBIT shall give to the Users a certain time period, which will be specified in the Delisting notice to Users, to withdraw coins/tokens from their WhiteBIT Accounts to external wallets. The time period, stated in the Delisting notice to Users, shall be 30 calendar days from the date of issuing. After the end of such period Users won’t be able to see the balance of coin/token which is undergoing the Delisting procedure in the WhiteBIT User’s Accounts.
28.6. If the User does not withdraw the specified coins/tokens within the time period indicated in the Delisting notice, WhiteBIT shall give him/her an additional 120 calendar days term (hereinafter - the “Penalty period”) to withdraw coins/tokens from his/her WhiteBIT Account with an appropriate penalty that will be automatically charged by WhiteBIT.
28.7. On the last day of the time period indicated in the Delisting notice WhiteBIT shall send the Final delisting notice to the Users that still possess the coin/token which is undergoing the Delisting procedure by e-mail notification. Final delisting notice shall contain information on the amount of such coin/token on WhiteBIT User’s Account and the information about the penalty that will be automatically applied in case the User didn’t withdraw such coins/tokens from their WhiteBIT Accounts before the start of Penalty period. 28.8. WhiteBIT has the right and is freely entitled to remove the coin/token from the Platform after the expiration of the Withdrawal period specified in the Delisting notice to Users. In that case, the technical support of coin/token (as well as the technical possibility to keep coins/tokens on the wallet of the platform) is terminated, and all balances of Users in delisted coin/token will be annulled without compensation.
28.9. To withdraw the coin/token which is undergoing the Delisting procedure during the Penalty period, User shall contact WhiteBIT Support Team at support@whitebit.kz , via online chat or by creating a ticket on WhiteBIT User’s Account and follow its instructions.
28.10. During the Penalty period WhiteBIT applies an appropriate penalty which is 25% of the amount of coin/token which is undergoing the Delisting procedure and which User possesses on the first day of the Penalty period. WhiteBIT charges such a penalty once every 30 calendar days from the start of such Penalty period.
28.11. During the Penalty period once for 30 calendar days WhiteBIT shall send notice about a penalty that will be automatically charged. WhiteBIT shall send such notices till the end of the Penalty period or till the time the User’s balance in the coin/token which is undergoing the Delisting procedure is less than the minimum limits for Withdrawing or equal to zero. 28.12. WhiteBIT has the right and is freely entitled to remove the coin/token from the Platform after the expiration of the Withdrawal period specified in the Delisting notice to Users and the end of the Penalty period (if it was given to User). In that case the technical support of coin/token (as well as the technical possibility to keep coins/tokens on the wallet of the platform) is terminated and all balances of Users in coin/token which is undergoing the Delisting procedure will be annulled without compensation.
28.13. In cases if WhiteBIT, due to the technical or other changes or arisen technical issues in appropriate blockchains (major technical issues or updates), can’t guarantee the Withdrawal of the appropriate Digital assets (related to such blockchain) within 30 calendar days, WhiteBIT reserves the right to shorten this period. In this case, WhiteBIT shall issue no less than 3 (three) warnings to the Users per e-mail and/or per the official social media channels.

29. FORCE-MAJEURE

29.1. Force Majeure event means any circumstance not within a Party’s reasonable control including, without limitation:
a) acts of God flood, drought, earthquake or other natural disaster;

b) epidemic or pandemic;

c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

d) nuclear, chemical or biological contamination or sonic boom;

e) any law or any action taken by a government or public authority imposing restrictive measures;

f) collapse of buildings, fire, explosion or accident; and

g) any labour or trade dispute, strikes, industrial action or lockouts.

29.2. Provided it has complied with clause 29.4 (Force Majeure), if a Party is prevented, hindered or delayed in or from performing any of its obligations under this Agreement by a Force Majeure event(Affected Party), the Affected Party must not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations must be extended accordingly.
29.3. The corresponding obligations of the other Party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.
29.4. The Affected Party must
a) as soon as reasonably practicable after the start of the Force Majeure event but no later than five (5) business days from its start, notify the other Party in writing of the Force Majeure event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure event on its ability to perform any of its obligations under the Agreement; and
b) use all reasonable endeavors to mitigate the effect of the Force Majeure event on the performance of its obligations under the Agreement. If the Force Majeure event prevents, hinders, or delays the Affected Party’s performance of its obligations for a continuous period of more than five (5) weeks, the Party not affected by the Force Majeure event may terminate the Agreement by giving fourteen (14) business days written notice to the Affected Party.

30. Final provisions

30.1. This User Agreement is valid until one of the Parties terminates it. The User may terminate this User Agreement at any time (after fulfilling the appropriate demands stipulated by this User Agreement) by ceasing the use of the Services (the Platform) and removing all copies of any components of the software from all of his/her devices and equipment.
30.2. In addition to cases specially stipulated by this User Agreement, WhiteBIT may unilaterally terminate this User Agreement at its discretion, with prior, at least 10 days before, notice to the User.