THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
Ubit App is developed by XIT TECH LIMITED. It is owned by WS Brtoker Limited.
These Terms of Service and any amendments and restatements thereof (the "Agreement") constitute a legal agreement covering the services provided by Ubit to you, including, but not limited to, providing a marketplace for buyers and sellers of "digital assets" to trade with each other, providing escrow digital wallet services, holding and releasing digital assets as directed upon completion of a transaction, purchasing digital assets and any other services described in this Agreement (collectively, the "Services") provided by Ubit, Ltd. and all of its affiliates, to you as an individual (also referred to as a "User" or "You") "U-bit.com and its related services are owned and operated by Ubit. Your use of the Services will be governed by this Agreement and our Privacy Policy and other agreements.
These terms require the use of arbitration to resolve disputes, rather than jury trials or class actions.
By registering to use an account through the Ubit mobile application, including any URL operated by Ubit (collectively, the "Ubit App"), you agree that you have carefully and thoroughly read, understood and accepted all of the terms and conditions contained in this Agreement, including our Privacy Policy and other agreements.
The value of digital assets can go up or down, and you may lose money by buying, selling, holding or investing in digital assets. You should carefully consider whether trading or holding digital assets is right for you in light of your financial condition.
Ubit is the leading peer-to-peer marketplace facilitating the purchase and sale of digital assets, with sellers accepting multiple payment methods in exchange for their digital assets. Negotiations and exchanges are made on a peer-to-peer basis between buyers in the marketplace ("Buyers") and sellers in the marketplace ("Sellers"). Our users agree which payment method to use to complete a transaction and assume full responsibility for using such payment method in a lawful manner.
Ubit also offers hosted digital wallet services through the world's leading digital asset wallet provider. Our global user base is able to post offers to buy and sell digital assets in a variety of convenient ways. The creator of the contract is responsible for listing the terms of the transaction, including the payment method the seller will accept. Once other Ubit users select an offer, the seller's digital assets are locked in as part of our transaction process (which we call "Ubit Escrow") until all conditions necessary to complete the transaction have occurred. Once the buyer has completed the terms of the transaction and the payment has been confirmed as valid and received by the seller, the sale is completed and the digital asset is unlocked by the seller and released to the buyer; Ubit does not act as a payment processor. All responsibility for sending and receiving payments and confirming the validity of the transaction rests with the buyer and seller. If the buyer chooses to cancel the transaction, our locked digital assets will be returned to the seller. The seller may not cancel the transaction at any time. The seller may only choose to unlock the digital assets and release them to the buyer. This is for the buyer's security protection. If Seller needs to cancel a transaction due to Buyer's non-compliance with the terms of the transaction, they must dispute and provide a reason for doing so, as described in Section 8 of this Agreement. Transactions on our site are between the buyer and the seller. Therefore, Ubit is not a party to any transaction.
Ubit offers a hosted digital currency wallet service as a secure method of storing, sending and receiving digital currency. ubit does not store or hold any digital assets. Digital assets are always stored on their respective networks or blockchains. All digital currency transactions occur within the digital currency network and not on Ubit. There is no guarantee that transactions will take place on the Digital Currency Network. Ubit reserves the right to refuse to process any transaction if required to do so by law or if we believe that the transaction violates our terms and conditions in this Agreement. You hereby accept and acknowledge that you are solely responsible for all activities that occur under your wallet and accept all risks of any authorized or unauthorized access to your wallet to the fullest extent permitted by law.
1.1. We reserve the right to modify, change or amend this Agreement at any time, in our sole discretion and without notice. Any such changes relating to your use of the Services will be effective upon posting on the Ubit application and will not be retroactive. If you have provided us with an email address, we may also notify you by email that the Agreement has been modified. If you do not agree to the terms of the amended Agreement, your sole and exclusive remedy is to immediately terminate your use of the Services and close your account.
1.2. It is your responsibility to read this Agreement carefully and to review it periodically as it is posted on the Ubit application. Your continued use of the Services constitutes your acceptance to be bound by the then-current Agreement.
1.3. Failure or delay in enforcing or partially enforcing any provision of this Agreement shall not be construed as a waiver of any of our rights or remedies.
2.1. In order to use the Services, you will need to register for an account through our application. During the registration process, we may ask you to provide certain information, including but not limited to your name, address and other personal information, to verify your identity. We may, in our sole discretion, refuse to maintain an account for you. You hereby accept and acknowledge that you: (a) have reached the legal age of consent to this Agreement in your respective jurisdiction; and (b) have not previously been suspended or revoked from using our Services.
2.2. By using your account, you agree and represent that you will use our services for yourself and that you may not use your account to act as an intermediary or broker for any other third party, person or entity. Unless expressly authorized by Ubit, you may have only one account and may not sell, loan, share or otherwise make available your account or any details necessary to access your account to persons or entities other than you. You are solely responsible for maintaining adequate security and control over all user names, email addresses, passwords, two-factor authentication codes, or any other codes or credentials you use to access the Services. Your account must not contain misleading or fraudulent information. Creating false information for your account, falsifying your country of origin, or providing fraudulent identification documents is strictly prohibited.
2.3. During your account registration, you agree to provide us with the information we request for the purposes of identity verification and detection of money laundering, terrorist financing, fraud or any other financial crime, and to allow us to keep a record of such information . Before you are allowed to use the Services, you will be required to complete certain verification procedures, which may be modified based on information collected about you on an ongoing basis. The information we request may include certain personal information, including but not limited to your name, address, telephone number, email address, date of birth, social security number, taxpayer identification number, and government identification. By providing us with this information or any other information that may be required, you confirm that all information is true, accurate and not misleading. If any of the information you provide changes, you agree to promptly keep us updated. You authorize us to make inquiries, either directly or through third parties, that we believe are necessary to verify your identity or to protect you and/or us from fraud or other financial crimes, and to take such action as we deem necessary. When we make these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies, and that these agencies may respond to our inquiries. Whether directly or through a third party, we believe it is necessary to verify your identity or protect you and/or us from fraud or other financial crimes and take such action as we deem necessary based on the results of such investigations.
2.4. If you are using the Services on behalf of a legal entity (such as a corporate entity), you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction in which it is organized, and (ii) you are duly authorized by such legal entity to act on its behalf. A Company verified account is specific to that legal entity and may only be used by the person who registered it. Company accounts may not be shared or used with other individuals or entities. Verified Corporate Accounts are subject to the following limited exemptions.
2.4.1 Approved Corporate accounts may have multiple active user accounts at any time, provided that such accounts are verified by the Company and operated by designated Company employees, as previously disclosed and approved by Ubit in its sole discretion.
2.4.2 Corporate accounts may have only one active quote for a particular transaction at any time and are not permitted to provide multiple quotes for such particular transaction from their other corporate accounts.
2.5. You are solely responsible for creating strong passwords and maintaining adequate security and control over any and all IDs, passwords, prompts, personal identification numbers (PINs), API keys, or any other code you use to access our Services. Any loss or disclosure of the above information and/or your personal information may result in unauthorized access to your account by third parties and the loss or theft of any digital assets and/or funds associated with your account, including your associated payment methods. You are solely responsible for updating your email address, phone number and other contact information in your account profile to receive any notices or alerts that we may send you.You should never allow remote access or share your computer screen with others while you are logged into your account. We are not responsible for any damages caused to you as a result of the disclosure of your account login credentials through no fault of Ubit and/or your failure to follow or implement any notices or alerts that we may send you.
2.6. To use our Services, you may be required to fulfill certain legal obligations in your country and/or state of residence. By accepting these terms in this Agreement, you acknowledge that you have read the local laws and regulations and that you understand and comply with any and all such obligations. We do not provide access to our Services in certain jurisdictions due to legal or regulatory prohibitions. By accepting the terms in this Agreement, you acknowledge that you are not a resident or subject to the laws and regulations of those jurisdictions.
2.7. We may not offer all Services in all markets and jurisdictions and may restrict or prohibit access to all or part of the Services from certain jurisdictions ("Restricted Jurisdictions"). If you are located in one of these Restricted Jurisdictions, you may not attempt to use our Services. You may not attempt to circumvent any restrictions imposed through the Services, such as by hiding your IP address or submitting any inaccurate information about your location.
3.1. This Agreement and your use of the Site and Services shall be governed by and construed in accordance with the Cayman Islands, without regard to its conflict of laws principles.
3.2. Arbitration. You and Ubit agree that any dispute arising out of or in connection with this Agreement or the Services shall be subject to the Arbitration Rules for Consumer-Related Disputes of the Cayman Islands Arbitration Association. Subject to applicable jurisdictional requirements, consumer claimants (individuals whose transactions are intended for personal, family or household use) may elect to pursue their claims in the local small claims court rather than through arbitration, so long as their matter remains before the small claims court and proceeds on an individual (non-class or non-representative) basis only.
3.3. Class Action Waiver: To the extent permitted by law, all claims will be brought solely on an individual basis and not as a plaintiff or class member in any purported class action, class action or representative action. Arbitrators may not consolidate more than one individual's claims or participate in any class of arbitration. You acknowledge that by agreeing to these Terms, both you and Ubit waive any right to a jury trial, and you waive any right to participate in a class action against Ubit.
3.4. If any part of this Agreement is held to be invalid or unenforceable in whole or in part by any arbitrator or the courts of the Cayman Islands, the validity or enforceability of the other parts of these terms and conditions shall not be affected. Any headings contained in this Agreement are for reference purposes only and are not enforceable provisions of this Agreement.
4.1. We strive to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the security risks inherent in providing information and online transactions over the Internet, and we are not responsible for any security breaches unless they are due to our negligence.
5.1. The services are provided on an "as is" and "as available" basis without warranty, representation or guarantee of any kind, either express, implied or statutory. to the fullest extent permissible pursuant to applicable law, ubit expressly disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. Ubit makes no representations or warranties that access to any portion of the Ubit Services or any materials contained therein will be continuous, uninterrupted, timely or error-free, and Ubit shall not be liable for any interruptions or damages that may be suffered by users. You hereby acknowledge and agree that you are not relying on any other written or oral representations or understandings in connection with your use of and access to the Services. Without limiting the foregoing, you hereby acknowledge and accept the various risks inherent in the use of digital currency, including, but not limited to, hardware failure, software problems, Internet connection failure, malware, third party or your third party access to third party software, server failure or loss of data. You accept and acknowledge that Ubit is not responsible for any communication failures, interruptions, errors, distortions or delays that you may experience while using the Services.
5.2. Even if an authorized representative of ubit has been advised or knew or should have known of the possibility of such damages, and notwithstanding any agreed or other remedy for failure to achieve its essential purpose. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
5.3. We do not own or control the underlying software protocols that govern the operation of digital assets. The underlying protocols in general are open source and can be used, copied, modified and distributed by anyone. We are not responsible for the operation of the underlying protocols, and we cannot guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including, but not limited to, "forks"). Any such material operational changes may have a significant impact on the availability, value, functionality and/or name of such digital currencies, and Ubit does not control the timing and characteristics of such material operational changes. It is your responsibility to keep yourself informed of impending operational changes, and you must carefully consider publicly available information and information that may be provided by Ubit when deciding whether to continue using the Services. In the event of any such operational changes, Ubit reserves the right to take necessary measures to protect the security and safe operation of its platform, including suspending the operation of the relevant digital currency, and other necessary measures, and Ubit will use its reasonable efforts to notify you of its response to any material operational changes; however, such changes are beyond our control and may occur without notice to Ubit users However, such changes are beyond our control and may occur without notice to Ubit users. Our response to any material operational changes is at our sole discretion, including a decision not to support any new forks or other actions. You acknowledge and accept the risk of operational changes to the Digital Asset Agreement and agree that Ubit is not responsible for such operational changes and will not be liable for any loss of value you may suffer as a result of such changes to the operating rules. You acknowledge and accept that Ubit may respond to any operational changes in its sole discretion, and that we are not obligated to provide you with unsupported currencies or agreements.
5.4. In using our Services, you may view content or utilize third parties, including hyperlinks to third party websites and such parties ("Third Party Content") as provided in the Services. We do not endorse, adopt or control the content of any Third Party Site and assume no responsibility for the content of any Third Party. In addition, your dealings or communications with such third parties will be solely between you and the third party. We are not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings, and you understand that your use of the Third-Party Site Content and interaction with the Third-Party is entirely at your own risk.
5.5. For the avoidance of doubt, all transactions through our market are conducted in a peer-to-peer manner between the seller and the buyer, and you are solely responsible for whether the transaction is suitable for your risk tolerance based on your personal investment goals, financial situation or related transactions. You should consult your legal or tax professional about your specific situation. We may provide educational information about our platform and products from time to time to help users learn more about our services. Information may include, but is not limited to, blog posts, third-party content, news feeds, tutorials, and videos. Before making a decision to buy, sell or hold any digital asset, you should conduct your own due diligence and consult your financial advisor before making any investment decision. Ubit is not responsible for your decision to buy, sell or hold digital assets based on the information provided by Ubit.
5.6. You agree that we are not responsible for any fluctuations in the price of digital assets. In the event of a market disruption or force majeure event (as described in Section 17), we may do one or more of the following: (a) suspend access to the Services; (b) prevent you from completing any action through the Services. We will not be liable for any damages you may suffer as a result of such actions. After any such event, when the Service is restored, you acknowledge that prevailing market prices may differ significantly from the prices available prior to such event.
5.7. We do not warrant that this application or the servers that make it available are free of viruses or bugs, that its content is accurate, that it will not be interrupted, or that defects will be corrected. We are not responsible for any damages of any kind arising from actions taken or to be taken in reliance on the materials or information contained on this site.
6.1. If you have a dispute with one or more users of our Services, you release Ubit, its affiliates and service providers, and each or their respective officers, directors, employees, agents and representatives from any and all claims, demands and damages of every kind and nature (actual and consequential) arising out of or in any way related to such dispute. You agree to indemnify and hold harmless Ubit, its affiliates and each of their respective officers, directors, employees, agents and representatives from and against any claims or demands (including attorneys' fees and any fines, costs or penalties imposed by any regulatory authority) ) arising out of or related to your breach of this Agreement or violation of any law, rule or regulation or the rights of any third party.
7.1. The app allows users to solicit offers to buy or sell digital assets.
7.2. When User initiates a transaction to buy or sell a digital asset, the transaction will be completed in accordance with this Agreement and the additional terms detailed by User or User's counterparty, if any.The following general terms apply to each of the following transactions.
7.3. Buying digital assets. When purchasing digital assets in Ubit OTC.
7.3.1. As part of the transaction, there is no need for the buyer to pay on our marketplace.
7.3.2. Ubit counterparties' offers have their own terms and conditions, and each offer may vary in terms of exchange rates, conversion rates, and other terms and conditions imposed by the seller. By accepting an offer from a seller, you agree to be bound by the terms and conditions of that offer. The terms and conditions specified by the seller are valid in all cases unless they conflict with or violate this Agreement, are unlawful, unreasonable or difficult to comply with (as determined by Ubit in its sole discretion), or if the parties to the transaction agree to change the terms and conditions of such offer. You are responsible for carefully reading the terms and conditions of the Seller's offer and strictly complying with them. If you do not comply with the terms and conditions, your payment will not be accepted. Do not submit payment unless you have complied with all of the terms and conditions set forth in the offer. If you submit a payment without complying with the terms and conditions, Ubit cannot assist you in recovering the payment during the dispute process.
7.3.3. If a seller does not release a digital asset to you after properly completing the seller's terms and conditions, please report the issue immediately via the designated dispute button in the specific transaction chat, and Ubit support will review and resolve the dispute. This dispute resolution process is further described in "Section 8 - Disputing Transactions through Ubit's Dispute Resolution Process" below. If you do not follow this dispute resolution process, Ubit will not be able to assist you.
7.4. Selling Digital Assets. When selling digital assets in Ubit OTC.
7.4.1. The seller must verify and process the payment within a reasonable time and within a certain time frame specified in the terms of the offer. Once a buyer submits a payment to you in accordance with the terms of the offer, it is your responsibility to verify and process the payment in a timely manner and then unlock the digital assets from the Ubit application and release them to the buyer. If you do not follow the instructions in the offer, you may not be entitled to a refund of your locked digital assets.
7.4.2. As a seller, you assume all risk and liability for any breach of this Agreement that results from the sale of digital assets. All taxes to be paid are your responsibility, and Ubit charges you, as the seller of the Digital Assets, a fee for locking the Digital Assets in Ubit's escrow and for selling them. Unless Ubit, in its sole and absolute discretion, determines otherwise, Ubit will not indemnify the seller for any loss suffered as a result of breach of this Agreement, fraud, or otherwise, and our fees are not refundable under any circumstances.
7.4.3. Any payments received should be fully processed and confirmed to you before unlocking digital assets from the Ubit application. Ubit is not responsible for your losses if you unlock digital assets early before the payment is properly verified and received. You must be attentive and responsive to your buyers.
7.4.4. It is strictly prohibited to post any website advertising in any part of the Ubit application (such as your profile or transaction chat) that facilitates the purchase or sale of digital assets outside of the Ubit service. In limited circumstances, it is permitted to share your website that is dedicated to the seller receiving payment to complete the transaction as described in the transaction description (i.e. trusted third party debit/credit card processing); provided that the use of such external websites is clearly stated in the terms of the offer and that such websites do not contain any other advertising or your contact information.
7.5. Compliance
7.5.1. Ubit and the Services are not affiliated with, endorsed by, or sponsored by any third party, including but not limited to any gift card issuer. Designated trademarks, brands and other identifiers are the sole property of their respective owners, and Ubit and its Services are not endorsed, sponsored, associated or affiliated with such owners.
7.5.2. Ubit is not a licensed gift card supplier or authorized reseller of any gift card issuer. Any gift cards you receive directly from users of the Ubit Marketplace are subject to the terms and conditions of the redeemable third party merchant ("Issuer"). Marketplace is not responsible for any fees, expiration dates, penalties or terms and conditions associated with issuer gift cards received through the Marketplace. By receiving a gift card from a subscriber, you acknowledge that you have read the terms and conditions of the gift card and represent to Ubit that you are eligible to use such gift card in accordance with the terms and conditions of the gift card issuer or applicable law.
7.5.3. Brokering or reselling of gift cards is strictly prohibited on our platform. You must be the legal owner of the Gift Card and, upon request by Ubit, you agree to provide Ubit with valid proof of ownership of your Gift Card (such as a receipt.) Ubit does not represent, warrant or warrant that any third-party payment method on the Site allows transactions through Ubit's services or that any third-party payment method on our Site is supported. You should not use such third party payment methods on Ubit if such third parties do not allow them.
7.5.4. You are solely responsible for compliance with all laws and regulations of the jurisdiction in which you conduct your transactions.
7.5.5. All transactions must take place within Ubit. Trading or exchanging external contacts outside of the Ubit platform is strictly prohibited.
7.6. Transfer Restrictions. We may, in our sole discretion, impose limits or restrictions on the size, type or manner of any proposed transfer transaction, such as limits on the total amount of digital assets that may be posted for sale.
7.7. No Guarantee.Ubit does not guarantee that you will be able to sell digital assets on its marketplace. The act of buying or selling digital assets through Ubit does not guarantee that you will be able to buy or sell digital assets through other marketplaces in the future.
7.8. Relationship. Nothing in this Agreement is intended to create, nor shall it create, any partnership, joint venture, agency, consulting or escrow, and you and Ubit are independent contractors to each other.
7.9. Accuracy of Information. You represent and warrant that any information you provide through the Services is accurate and complete. You accept and acknowledge that Ubit is not responsible for any errors or omissions arising from any transactions you initiate through the Services, for example, if you enter an incorrect wallet address or otherwise provide incorrect information. We strongly recommend that you carefully review your transaction details before completing a transaction through the Services.
7.10. No Cancellation or Modification; wallet activity. Ubit will not be able to assist you in cancelling or otherwise modifying your transactions once the transaction details have been submitted to the digital currency network via the Services. ubit has no control over any digital currency network and cannot facilitate any cancellation or modification requests. ubit does not store or hold any locked digital assets. Digital assets are always recorded on their respective networks or blockchains. All digital currency transactions occur within the digital currency network and not on Ubit. There is no guarantee that transactions will take place on the Digital Currency Network. Ubit reserves the right to refuse to process any transaction if required to do so by law or if we believe that the transaction violates our terms and conditions in this Agreement. You hereby accept and acknowledge that you are solely responsible for all activities that occur under your eWallet and accept all risks of any authorized or unauthorized access to your eWallet to the fullest extent permitted by law.
7.11. Taxes. You are responsible for determining what taxes, if any, apply to transactions for which you submit transaction details through the Services, and you are responsible for reporting and remitting the correct taxes to the appropriate tax authorities. You agree that Ubit is not responsible for determining whether taxes are applicable to your digital currency transactions and is not responsible for collecting, reporting, withholding or remitting any taxes arising from any digital currency transactions.
7.12. User Reputation. When you conduct a transaction, we allow other users to provide feedback about their interactions with you. We also allow users to submit reports if they believe that you have violated this Agreement in any way. These reports are confidential, but we may use them to address disputes as described in Section 8.
7.13. Transaction History. You may view your transaction history through your account. You agree that the failure of the Service to provide such confirmation shall not impair or invalidate the terms of such transactions.
7.14. Merchants. Ubit is not responsible for any goods or services purchased by you from an Authorized Merchant using your account. If you have a dispute with any Authorized Merchant, you should resolve the dispute directly with that Authorized Merchant.
7.15. Returns, Refunds. When you use your account to purchase goods or services from a third party, that decision is final. We do not process refunds or returns. Authorized merchants may offer you a return, store credit or gift card at their sole discretion and in accordance with their policies.
7.16. Ubit charges a fee for its services, and the applicable fee will be displayed before you use any services for which a fee is charged. For more detailed information, please refer to the Ubit in-app announcement. Our fees are subject to change and Ubit reserves the right to adjust its prices and fees at any time.
8.1. Disputed Transactions. In most cases, the easiest way to resolve a dispute is for the buyer and seller to communicate, work together to find out what happened, and reach an agreed-upon solution. When buyers and sellers cannot reach an agreed-upon solution, Ubit's support team ("Ubit Support") can help. Either party can initiate a dispute resolution process ("Disputed Transaction" or "Dispute") regarding a transaction. Disputes can only be initiated for transactions that are marked as fully paid by the buyer. Transactions that are not marked as paid in full by the buyer, cancelled by the buyer, automatically cancelled due to expiration of the time frame specified in the offer, already disputed and resolved, or for which the seller has released digital assets to the buyer cannot normally be disputed, reversed or changed.
8.2. Dispute Resolution Process. The following are the steps taken by Ubit Customer Service in the event of a dispute.
8.3. Initiation.You can initiate a dispute by logging into your Ubit account, opening the transaction you want to dispute and selecting the "Grievance" button. The "Grievance" button will only appear as active if the transaction has been marked as paid in full by the buyer. After initiating a dispute, you will select the type of dispute from the options displayed and describe the issue causing the dispute.
8.4. Notification. When a dispute is submitted, Ubit support will provide notification to the other party via email and messages sent through the transaction chat feature available to buyers and sellers in the Marketplace, alerting that a dispute has been initiated. If one of your transactions is in dispute, Ubit Customer Support will tell you which transaction is in dispute and why it is in dispute.
8.5. Reply. Review the dispute and explain to Ubit Customer Service what happened. Include any evidence that you must support your explanation, such as proof of payment, proof of ownership or proof that you received or did not receive payment.
8.6. Ubit Comments.Ubit Support will investigate disputed transactions and make decisions based on evidence provided by both parties.Ubit Support resolves disputes by evaluating various factors, as described in Section 8 below.
8.7. Dispute Review. During a dispute review, Ubit Support may provide you with instructions that you must follow. The instructions given to you may require you to provide additional evidence, such as additional identification, proof of payment, any photographic, audio or video evidence, or any other document that Ubit considers relevant, and may require you to provide such evidence within a specified time frame specified. Failure to comply with the instructions may result in the resolution of a dispute against you, and Ubit Customer Service will normally be notified of its decision via the transaction chat feature in the Marketplace within 7 days of receipt of the dispute, although in some cases it may take longer.
8.8. Unresponsiveness.When you are involved in a transaction, it is important that you remain active and available from the time the transaction begins until it is completed, cancelled or resolved. This means that you must be able to respond to requests made by Ubit Support in disputed transactions within the time frame specified by Ubit Support, otherwise you may be considered unresponsive and the dispute may be resolved against you.
8.9. Chargebacks. Even if Ubit's dispute resolution process finds in favor of such party, such party may be subject to additional risks depending on the payment method used in connection with the transaction. The dispute resolution process set forth in this Agreement is independent of any remedies that may be available to Buyer or Seller through the payment method associated with the Transaction. ubit is not obligated to initiate or process refunds and shall not be liable if a party revokes, refunds or otherwise disputes a Transaction through the channels provided by the payment method used in the Transaction, including after the conclusion of the dispute.
8.10. Dispute Resolution. Disputed transactions are most often resolved by Ubit Support, which transfers the disputed digital assets to the buyer or seller of the disputed transaction once the dispute resolution process is complete.
8.11. Below are selected scenarios to give you insight into how Ubit resolves disputed transactions. This is not an exhaustive list. The resolution of any dispute will be influenced by the specific facts of the dispute and the evidence provided by the user.
8.12. Ubit Support may resolve a dispute in favor of the buyer when at least one of the following conditions is met.
8.12.1. Buyer has made payment in accordance with the initial instructions provided by Seller pursuant to the Offer to Deal and Buyer has provided sufficient evidence that payment was made in accordance with those instructions. Seller's refusal to complete the Transaction shall be a breach of this Agreement once Buyer has satisfied all of Seller's terms and conditions published at the time Buyer accepts the Transaction and makes payment.
8.12.2. The seller became slow and did not provide an adequate response within the timeframe requested by Ubit Support.
8.12.3. Payment is made to a third party to whom the transaction is made or to a payment account not registered in the name of the seller.
8.13. Ubit Support may resolve a dispute in favor of the seller when one of the following conditions is met.
8.13.1. Buyer fails to pay, fails to pay in full, or fails to pay in accordance with the initial instructions provided by Seller pursuant to the Offer to Purchase.
8.13.2. The payment made by a Buyer that has been withheld, suspended, frozen or stopped by a payment provider or processor. This includes situations where the buyer has made a refund or disputed a payment through their bank or payment card issuer.
8.13.3. The buyer becomes sluggish and does not provide an adequate response within the time frame of the Ubit support request.
8.13.4. The payment is made by a third party to the transaction, or the payment comes from a payment account not registered in the name of the buyer.
8.14. If the buyer or seller of a disputed transaction provides fraudulent information or fraudulent documents, or makes false claims or otherwise uses deception, the dispute may be resolved immediately against that user and that user's account may be immediately suspended or terminated from Ubit support.
8.15. In the event that neither party meets the criteria, or in the event that it is otherwise unclear or impossible to determine which party meets the dispute resolution criteria in Ubit's sole discretion, Ubit may determine whether a dispute between a buyer and seller is equal or unbalanced by splitting the subject of the digital asset.
8.16. Appeals. If you believe that Ubit has resolved a dispute in a manner inconsistent with this Agreement, you have the right to request an appeal. To request an appeal, you will need to notify us immediately in writing by contacting Ubit Customer Support within 10 business days after notice of Ubit Customer Service's decision reaches you, and provide us with sufficient details and evidence to support your request. Your appeal should specifically state how you believe Ubit has incorrectly resolved the dispute in accordance with the terms of this Agreement and provide evidence of such incorrect decision.
Please note that you are obligated to maintain a civil tone and to respect other users and Ubit support, both during the dispute process and at all times when using our services. See generally "Article 13 - Prohibited Uses".
8.17. Finality. You acknowledge and agree that Ubit's decision regarding the dispute is final, conclusive and binding, as described in this Agreement, and that Ubit shall not be liable to the Buyer or Seller for its decision.
9.1. Creating a wallet is free. ubit charges a fee for the service and the applicable fee will be displayed before you use any of the services for which a fee is charged. For more detailed information, please refer to the " Announcements in the Ubit application ". Our fees are subject to change and Ubit reserves the right to adjust its prices and fees at any time.
10.1. If you use the Services for a fee, or if you initiate a transaction through the Services for which a miner's fee is charged, you will not be eligible for a refund or reimbursement once you confirm that you wish to proceed with the Services or the transaction.
11.1. We may, in our sole discretion and without payment to you, modify or discontinue any part of our Service, temporarily or permanently, at any time, with or without prior notice.
12.1. We may, in our sole discretion, immediately and without prior notice: (a) suspend, limit or terminate your access to any or all of the Services (including limiting access to your wallet), and/or (b) deactivate or cancel your account if (i) we are required to do so by applicable law, in the face of a valid subpoena, court order or binding order of a governmental authority; (ii) we have reason to suspect that you have violated or may violate this Agreement; (iii) use of your account is subject to any pending litigation, investigation or governmental proceeding and/or we believe there is a high risk of legal or regulatory non-compliance related to your account activity; (iv) our service partners are unable to support your use; (v) you take any action that we believe circumvents our controls and procedures, or (vi) we believe it is necessary to do so in order to protect us, our users (including you) or our employees from danger or loss. If we exercise our right to restrict or deny you access to the Services, we will not be liable for any consequences of our refusal to allow you access to the Services, including any delay, damage or inconvenience you may suffer as a result.
12.2. If we suspend or close your account, terminate your use of the Services, or restrict access to your wallet for any reason, we will attempt to provide you with notice of our action, unless we are prohibited by court order or other legal process from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access, suspending or closing your account or wallet, may be based on standards of confidentiality that are critical to our risk management and security protection. You agree that Ubit is under no obligation to disclose to you details of its risk management and security procedures. If we suspend your account or access to your eWallet, we will lift the suspension as soon as the reason for the suspension no longer exists.
12.3. If you hold digital assets in your Ubit wallet and there has been no activity in your account for a period of time as required by applicable law, we may need to report such digital assets remaining in your account as unclaimed property and evade the law based on abandoned property. If this occurs, we will use reasonable efforts to provide you with written notice. If you fail to respond to any such notice within seven business days of receipt, or if otherwise required by law, we may be required to deliver any such digital assets as unclaimed property to the applicable jurisdiction. We reserve the right to deduct dormancy fees or other administrative costs from such unclaimed digital assets as permitted by applicable law.
13.1. By accessing or using the Services, you agree that you will use the Services in accordance with the terms and conditions of this Agreement (including the Privacy Policy) and will not engage in any illegal conduct, and that you are solely responsible for your actions while using our Services. Without limiting the generality of the foregoing, you agree that you will not.
13.1.1. use our Services in any manner that may interfere with, disrupt, adversely affect, or prevent other users from fully enjoying our Services, or may damage, disable, aggravate, or impair the functionality of our Services in any way.
13.1.2. Engage in any activity that may violate or assist in the violation of any law, statute, regulation or ordinance, sanction program in effect in the country in which we do business or operate, or that involves the proceeds of any illegal activity; publish, distribute or disseminate any illegal material or information.
13.1.3. Interfere with other users' access to or use of any of our services; defame, abuse, blackmail, harass, stalk, threaten or otherwise violate or infringe upon the legal rights of other users (such as, but not limited to, rights of privacy, publicity and intellectual property rights); incite, threaten, facilitate, promote or encourage hatred, racial intolerance or violence against others; obtain or otherwise collect information about other users from our website.
13.1.4. Engage in any activity designed to deceive, defame or otherwise cause any harm to Ubit or our users; or provide Ubit or other users with any false, inaccurate, deceptive or misleading information in connection with our Services or otherwise provided or requested under this Agreement.
13.1.5. Introduce any virus, Trojan horse, worm, logic bomb or other harmful material to the Services; use any robot, spider, crawler, scraping tool or other automated means or interface to access our Services or extract data that is not provided by us; attempt to circumvent any content filtering technology employed by us or attempt to access any Services or areas of our Services to which you do not have access; or within the Ubit Marketplace place any advertisement or promotion anywhere that facilitates the purchase or sale of digital assets outside of the Ubit Services.
13.1.6. Engage in transactions involving items or other licensed materials that infringe or violate any copyright, trademark, publicity or privacy right, or any other proprietary right under law, without proper authorization from the rights holder; use Ubit's intellectual property, name or logo, including the use of Ubit's trademarks or service marks, without our prior written consent, or in a manner that damages Ubit or the Ubit brand; any implies endorsement by or association with Ubit; or develop any third party applications that interact with our Services without our prior written consent; or
13.1.7. Encourages or induces any third party to engage in any activity prohibited by this Section 13.
14.1. Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable license to access and use the Services, the Site and related content, materials, and information (collectively, the "Content"), and any other use of the Site or the Content in any manner is expressly prohibited, and all other rights, titles, and interests in the Services, the Site, or the Content are the exclusive property of Ubit. All other rights, title and interest in and to the Services, the Site or the Content are the exclusive property of Ubit. You agree that you will not reproduce, transmit, distribute, sell, license, reverse engineer, modify, publish or participate in the transfer or sale of, create derivative works from, or in any other way exploit any Content, in whole or in part, without Ubit's prior written consent. You may not copy, imitate or use any of Ubit's trademarks, registered trademarks, or other trademarks of Ubit.
14.2. Although we intend to provide accurate and timely information on the Ubit website, our website (including, but not limited to, the content) may not always be completely accurate, complete or up-to-date and may contain technical inaccuracies or typographical errors. In order to continue to provide you with information that is as complete and accurate as possible, information may be changed or updated from time to time without notice, including but not limited to information about our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on the information contained on the Ubit website are your sole responsibility, and we assume no liability for such decisions. The information provided by third parties is for informational purposes only and Ubit makes no representations or warranties as to its accuracy. Links to third party materials (including, but not limited to, websites) may be provided as a convenience but are not under our control. You acknowledge and agree that we are not responsible for any aspect of any Third Party Materials or the information, content or services contained on any Third Party Website that may be accessed or linked to the Ubit.
15.1. Ubit is always looking to improve its services. If you have any ideas or suggestions for improving or adding to your Ubit service experience, Ubit wants to hear them; however, any submissions will be subject to the terms and conditions in this Agreement.
15.2. In no event will any obligation of confidentiality or expectation of compensation be owed to Ubit or any of its subsidiaries, parents or affiliates, or any of its officers, directors, managers, members, shareholders, employees and agents, or any of their heirs, successors, representatives and assigns (each a "Ubit Party" and collectively, the "Ubit Parties").
15.3. By submitting ideas or feedback or any related materials that may be protected by intellectual property rights ("Works") to Ubit or any Ubit Party, you grant Ubit a non-exclusive, perpetual, worldwide, royalty-free license to use all content of such ideas and feedback for any purpose whatsoever in connection with the submitted Works. In addition, you waive, to the fullest extent permitted by law, any moral rights you may have in the Work, and represent and warrant to such Ubit Party that the Work is your original work, that no other person has contributed or modified the Work in any Ubit Party, and that all Ubit Parties will not be required to pay any royalties to perform the Work and use it as needed without the permission or license of any third party related materials.
15.4. You further accept that Ubit may license any work and materials submitted by you to any Ubit party for use in any manner whatsoever.
15.5. We reserve the right, in our sole discretion, to remove any posting you make on the Site without warning or reason.
16.1. We recommend that you visit our Help Center in the Ubit application, where the Ubit Customer Service team is available to support you during business hours. You can contact us through the support widget on the page.
17.1. We shall not be liable for any delay, failure to perform or interruption of service resulting directly or indirectly from any cause or condition beyond our reasonable control, including, without limitation, material market fluctuations, any delay or failure due to any force majeure, acts of civil or military authorities, acts of terrorists, civil commotion, war, strikes or other labor disputes, fire, interruption of telecommunications or internet services or network provider services, equipment and/or software failure, other disasters or any other event which is beyond our reasonable control and which does not affect the validity and enforceability of any remaining terms.
18.1. This Agreement constitutes the entire agreement between you and Ubit with respect to the subject matter of this Agreement and this Agreement cancels and supersedes any prior understandings and agreements between you and Ubit with respect to that subject matter. You may not assign any of your rights or obligations under this Agreement without our prior written consent.
18.2. For matters not covered by this Agreement, you are subject to the Company's announcements and related rules as updated from time to time.
Ubit, Ltd.