Derivative Terms of Service

Bitfinex Privacy Statement

Last updated November 13, 2024

IMPORTANT: By creating or funding a Derivative Account or accessing or using any of the Derivative Services (each as defined below), you acknowledge that you have read, understand, and completely agree to these Derivative Terms of Service, as updated and amended from time to time. If you do not agree to be bound by these Derivative Terms of Service or with any subsequent amendments, changes or updates, you may not access or use any of the Derivative Services, and if you do access or use any of the Derivative Services, you will be bound by these Derivative Terms of Service, as updated and amended from time to time; your only recourse in the case of your unwillingness to be bound by these Derivative Terms of Service is to stop using all of the Derivative Services. These Derivative Terms of Service were last updated November 13, 2024.

Only Persons (as defined below) who meet the requirements of the Derivative Terms of Service are permitted to access or use the Derivative Services. Any Person that is not eligible that utilizes the Derivative Services or that accesses the Derivative Site (defined below) will be in breach of these Derivative Terms of Service and may have any Fiat, Digital Tokens, Derivative Products, funds, proceeds or other property, confiscated (all as defined below).

These Derivative Terms of Service apply to users of the Derivative web pages (together with the mobile application and application programming interfaces utilized in connection, the “Derivative Site”) of Bitfinex.com (all web pages at such address, including the Derivative Site, the mobile application and application programming interfaces, are sometimes referred to as the “Site”). You should read these Derivative Terms of Service carefully to determine which provisions apply to you. These Derivative Terms of Service should be read in conjunction with the terms of service applicable to other web pages of the Site (the “Other Site Terms of Service” and, together with these Derivative Terms of Service, the “Site Terms of Service”) which will continue to apply to you in respect of all other services on the Site, which shall be in addition to these Derivative Terms of Service and shall not be exclusive. By creating or funding a Derivative Account (including a Derivative Wallet or Derivative Cross-Margining Wallet) or accessing or using any of the Derivative Products offered from time to time on the Derivative Site (collectively or individually, the “Derivative Services”, and, together with the other services available at the Site, the “Site Services”), the user (referred to herein as “you” or “your”) agrees to these Derivative Terms of Service.

These Derivative Terms of Service, together with the incorporated materials, constitute the entire agreement and understanding with respect to the access or use of any or all of the Derivative Services, and any manner of accessing them via the Derivative Site, between you and iFinex Financial Technologies Limited or any successor operator of the Derivative Site (together with any successors or assigns, “BFXD”) (each of you and BFXD being a “Party” and collectively, the “Parties”).

The following documents are incorporated into these Derivative Terms of Service by reference: the API Terms of Service; the Derivative Products Risk Disclosure Statement; the Bitfinex Market Data Terms of Use; the Anti-Spam Policy; the Law Enforcement Requests Policy; the Derivative Fee and Margin Schedule, the Funding Payment Summary and, for each Derivative Product, its Product Description. Also, these Derivative Terms of Service should be read in conjunction with the Privacy Statement and the Cookies Policy. In particular, please note that all transactions involving the Derivative Products may be subject to fees levied by BFXD as set out and updated in the Derivative Fee and Margin Schedule from time to time as well as funding obligations as set out and updated in the Funding Payment Summary(ies) from time to time. In respect of the Derivative Products, in the event of any inconsistency between these Derivative Terms of Service and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained within or on the Site, these Derivative Terms of Service shall prevail. For greater certainty, in respect of all other Site Services, the Other Site Terms of Service shall prevail.

PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE ALL PERSONS TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND TO WAIVE ANY RIGHT TO PROCEED AS A REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. BY UTILIZING THE SITE SERVICES OR HOLDING GOLD TOKENS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION

The Derivative Services are complex and carry a high level of risk and are not appropriate for users who do not possess the appropriate level of knowledge and experience to deal in them. BFXD is under no obligation to assess the suitability of the Derivative Services for users and any comment or statement which may be made by BFXD or any of its Associates as to the suitability of the Derivative Services to you should under no circumstances be considered as investment or legal advice and should not be received or relied upon as such.

These Derivative Terms of Service may be amended, changed, or updated by BFXD at any time and without prior notice to you. You should check back often on the Site to confirm that your copy and understanding of these Derivative Terms of Service is current and correct. Your non-termination or continued access or use of any Derivative Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Derivative Terms of Service, as modified by such amendments, changes, or updates. For further information on the risks of Derivative Products and Derivative Services, you can review the Derivative Products Risk Disclosure Statement.

The access or use of the Derivative Site and any of the Derivative Services is void where such access or use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.

“AML” means anti-money laundering, including all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat, or Digital Tokens, including the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations, which may also require internal controls to detect, prevent, report, and maintain records of suspected money laundering or terrorist financing;