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Binance Loan Service Agreement

Binance
2020-03-27 08:13
This Binance Loan Service Agreement (the “Agreement”) constitutes part of the Binance Terms of Use (the “Terms of Use”). Unless otherwise provided herein, the terms used herein shall have the meanings specified in the Terms of Use and matters not expressly stipulated herein shall be subject to the provisions in the Terms of Use.
The Agreement is a contract made and entered into by and between Binance operators and users on matters such as Binance’s provision of loan service to users (the “Service”) and charging of corresponding fees. Binance offers the Service to address Users’ need for holding and using a specific digital currency and other digital assets and it requires users to provide corresponding digital asset margins (the “pledged asset”) as the prerequisite for the loan. For convenience, “we” hereinafter refers to Binance and operators of Binance, and “you” refers to an individual user who utilizes the Service and enters into the Agreement. Anyone located in countries such as Belarus, Congo, Iraq, Iran, North Korea, Syria, Sudan, South Sudan, Zimbabwe, Cuba, Crimea, the United States and its territories (including American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands) is prohibited from using the Services offered by this website.
Please read the Agreement in its entirety carefully and use the Service only after you have fully read and understood it in its entirety. Your use of any service provided by the Binance loan platform means that you know, understand, and agree to all terms hereof and all terms of the Terms of Use, including any modification and update to the Agreement made by us at any time.
I. Risk Warning:
There will be high transaction risks for you when you use the Service. To help you better understand related risks, please read the following risk warning carefully.
1.1 Risks of Digital Assets and Transaction:
The digital asset market is a brand new and unconfirmed market. At present, there are many uses by speculators in the digital asset market, while the number of retail and commercial uses is relatively small. Trading in digital assets carries high risks. The transactions are uninterrupted around the clock, there is no limit on gains or losses, and the prices are susceptible to significant fluctuations due to the influence of market makers, speculators, and government policies of countries. You shall understand and agree that the investment in and transactions of digital assets may lead to partial or total loss of your assets. Therefore, you shall determine the use of digital assets and the amount of digital asset transactions according to the degree of loss that you can bear, and you shall independently be responsible for any economic loss arising therefrom.
1.2 Risks of Laws, Regulations, and Policies of Countries:
Due to the formulation or modification of related laws, regulations, and policies of various countries, digital asset transactions may be suspended or prohibited in specific countries at any time. You shall understand and agree that all risks, losses, or consequences arising therefrom shall be borne by you independently.
1.3 Risks of Privacy:
In order to abide by global industry regulatory standards, local regulatory standards, and government orders about anti-money laundering (AML), know your customer (KYC) and counter-terrorism financing (CTF), we will follow the requirements of governments or competent authorities of countries to provide related information about you if governments or competent authorities present corresponding investigation documents that require us to cooperate in the investigation of your account information, assets, or transaction data on our platform. Any privacy leakage or asset loss caused thereby shall be borne by you independently. You can refer to our Privacy Policy for details.
1.4 Risks of Information and Market:
Due to the novelty and volatility of digital asset transactions, we suggest that you seek professional guidance and assistance if you have any questions before conducting a transaction. However, we do not directly provide you with any suggestions on transactions or investments. You shall understand and agree that any assistance, information, or suggestion on investment which you have obtained or will obtain from any third party has nothing to do with us, and all risks, losses, or consequences arising therefrom shall be borne by you independently.
1.5 Risks of Internet and the Technology:
We cannot guarantee that all information, data, programs, and other things contained in the Service and related digital assets and pledged assets are free from interference and damage by any malicious programs such as viruses or Trojan horses. In addition, we cannot control the availability and stability of the Internet. There are inherent risks in using the Internet for doing transactions, including but not limited to delays or failures of software, hardware or Internet links, computer system failures, and other possible force majeure factors that may lead to delays, suspensions, discontinuance, or deviations in the performance of the Service. You shall understand and agree that it is your personal decision to log in and utilize the Service or download and use any downloaded information, data and program, and pledged digital assets. The stability of server login, web page or application access or network transaction, digital assets custody, etc. is not under our control. All risks, losses, or consequences caused by the above factors shall be borne by you independently.
1.6 Risks of Force Majeure:
Any and all risks, losses, or consequences arising from suspensions, delays, or terminations of the Service brought about by equipment or system maintenance, power failures, bad weather, epidemics, accidents, political activities, wars, government actions, orders of judicial or administrative bodies, and other actions that are beyond our control or our ability, or for third-party reasons shall be borne by you independently.
1.7 Other Risks:
1.7.1 You shall understand and agree that we have the right to fully manage your Binance account and pledged assets used for opening the Service during the provision of the Service, and that we shall have the right (but no obligation) to take compulsory position closing measures under specific circumstances, and any economic losses caused by such measures shall be borne by you independently.
1.7.2 If you violate the Agreement according to our unilateral judgment, or the Service or if your use of the Service is illegal under the laws and regulations of your jurisdiction, we shall have the right to suspend or terminate your use of the Service or related digital asset transactions at any time, and all risks, losses, or consequences caused by the above factors shall be borne by you independently.
1.8 You shall understand and agree that your action of pledged borrowing on our platform is a voluntary action. You shall consider carefully and use clear judgment to assess your financial situation and the above-mentioned risks and make any decision about the use of the Service. The risk warning herein is unable to completely list all the existing or potential risks of the Service. We will not assume any responsibility for any other risks and adverse consequences that are not caused by our gross negligence.
II. Terms of Use of the Service
Using the Service means that you have read and agreed to the following Terms of Use of the Service:
2.1 Opening and Managing the Pledge Account
2.1.1 Verification: Before using the Service, you shall meet the qualified user conditions specified in the Terms of Use and reasonable conditions that we separately require you to satisfy in accordance with relevant laws (including but not limited to global or regional standards or policies about know your customer (KYC), anti-money laundering, and counter-terrorism financing), and complete any verification process required by us. The information which may need to be provided includes but is not limited to your name, telephone number, e-mail account, identity certificate, other social media account numbers, and certificates of digital asset sources. Apart from providing such information, you shall agree to authorize us to inquire about such information and your other related information directly or indirectly (through a third party) in order to verify related contents. The Service may depend on the information authorized by you. You shall ensure that the information provided by you is accurate and true. You must promptly update your information when any changes are made to the information you have provided. Should we find that the information provided by you is wrong, untrue, inaccurate, incomplete or misleading, we shall have the right to inform you to correct or directly delete relevant wrong information and to suspend or terminate the Service in part or in whole as the case may be. You shall independently bear the losses arising therefrom.
2.1.2 Account Setup: After preliminary verification and review, you will be able to use your Binance account to immediately start utilizing the Service. You shall be responsible for properly keeping the number and password of your Binance pledge account, and you shall independently bear all legal liabilities for all activities and events that occur as a result of your use of your Binance pledge account unless otherwise specified herein.
2.1.3 Requirements for Use of Pledge: Without our consent or authorization, your Binance account pledge shall only be used by the account registrant, and you shall not give, borrow, rent, transfer, or otherwise deliver your pledge account to a third party for use. We reserve the right to suspend, freeze, or cancel the use of your pledge account by persons other than the account registrant. If you suspect or find unauthorized use of your username and password, you shall notify us immediately. We will assume no liability for any losses or damages arising from the use of your pledge account by you or any third party with or without your authorization.
2.1.4 Account Security: We are committed to maintaining the security of pledged assets and have implemented protection measures in line with industry standards for the Service. However, the actions of individual users may pose risks. You agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking necessary security measures to protect the security of your own pledge account and personal information. If you open a sub-account of the Binance pledge account and authorize a third party to operate it with our consent, you will be fully responsible for all operations and results of the sub-account utilized by the third party.
2.1.5 Requirements for Pledged Funds and Loan: You undertake to ensure that the sources of your pledged assets are legal and compliant when using the Service, and that the use of your loan is in line with the Terms of Use and related laws and regulations.
2.2 Payment of Loan and Pledged Assets
2.2.1 Before using the Service, please carefully read How to Use Binance Loans and What is Binance Loans and Frequently Asked Questions. You shall understand and agree to specific operating rules related to the Service, including but not limited to pledge rate, covering pledge rate, compulsory position closing, transaction pairs, floating rules of pledge rate, fee rate.
2.2.2 When using the Service, you shall transfer certain kinds and several pledged assets to your pledge account as a pledge. After confirming that payment procedures are completed, we will lend you certain kinds and a number of currencies, which shall be deemed as automatic completion of the loan service.
2.2.3 Unless otherwise specified herein or in the Terms of Use, you may freely choose the duration for each use of the loan service, but the maximum duration shall not exceed [180] days. You understand and agree that the longer the loan duration is, the higher the interests and related fees payable hereunder may be.
2.2.4 You agree that, unless otherwise agreed or exempted by us, you shall not withdraw any pledged assets from the pledge account before you return the loan and pay corresponding fruits and expenses. However, you may make additional transfers of pledged assets to the pledge account at your own discretion to reduce the risk of using the Service (such as the risk of being closed).
2.3 Our Rights
2.3.1 Right to charge interests and fees: According to related rules published by us, we have the right to charge the interests and/or related fees generated at the time when you use the Service as the consideration for your use of the Service. You agree and undertake to pay the afore-mentioned interests and/or fees in accordance with the requirements announced by us.
2.3.2 Right to implement risk control measures: When the price changes due to market fluctuations in the loan process, and when we unilaterally determine that there is a risk based on the change of the real-time margin rate, we reserve the right to implement risk control measures such as closing positions on the pledged assets, and you agree and unconditionally accept the final processing results.
For the purpose of the Agreement, “closing a position” refers to the right that we arrange to sell or discount the pledged assets at a certain price (including disposal through currency transaction channels or fiat currency transaction channels) and give priority to using the proceeds from disposal of the pledged assets for compensation to the extent of the value equivalent to the principal, interests, and other repayable expenses of the digital currency. We will publish detailed rules and regulations on position closing and other risk control measures in the How to Use Binance Loans .
During maintenance of the Binance platform, you agree that we will be fully responsible for managing your pledged assets in the event of a risk as unilaterally determined by us, including but not limited to closing a position and repaying the principal, interests, and related expenses of loan to us. If the risk control measures (such as closing a position) taken by us still fail to make up for all the losses incurred in providing the Service to you, we reserve the right to take other remedy measures (including but not limited to freezing and deducting the digital assets in your Binance account and other accounts) and the right to further investigate your legal liabilities.
2.3.3 Right to issue notices: You understand and agree that in the process of using the Service, we have the right (but no obligation) to issue various notices (such as early warning notices and position closing notices) to you via SMS, emails, or client messages under specific circumstances (including but not limited to the circumstance that we determine that there is a risk).
2.4 Suspension or Termination of the Service
We reserve the right to suspend or terminate the provision of the loan service for you at any time when we deem that it is necessary or reasonable. You agree that, to the maximum extent permitted by law, we do not need to assume any legal liability to you for this reason.
III. Miscellaneous
3.1 Modifications
We will adjust the Agreement and related Binance business rules from time to time in accordance with applicable laws and regulations or as we deem necessary or reasonable. You shall regularly review the Agreement and related Binance business rules and remain alert to revisions. If you do not agree with the revised contents, you shall immediately stop using the Service, repay the digital currency borrowed, and pay the unpaid interests and expenses. After the updated version of the Agreement and related Binance business rules are released, your continued use of the Service shall be deemed that you agree to the updated contents and agree to abide by the updated terms and relevant Binance business rules.
3.2 Language
The language of the Agreement is English. For the benefit of user comprehension, the Agreement may be translated into different languages. In case of any inconsistency between different language versions, the English version shall prevail. Except for the English version, other language versions are for reference only.
3.3 Contact Us.
If you have any questions or concerns about the Agreement or the Service, or if you want to submit any requests based on the Agreement, please refer to our FAQs and contact us on our support page.

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