4M Terms of Use
4M (hereinafter referred to as "4M" or "we/us") is the operator of the "Platform" (as defined below) and the provider of the "Services" (as defined below). These "Terms of Use" (hereinafter referred to as the "Terms") constitute a legally binding agreement between 4M and you (hereinafter referred to as "you" or the "User") and govern your access to the Platform and use of the Services.
Any additional terms and documents (including but not limited to the fee schedule, risk disclosures, and privacy policy, as well as any applicable product terms), conditions, restrictions, disclaimers, and obligations are incorporated into these "Terms" by reference.
You should read these "Terms" carefully. By accessing the Platform and/or using the Services, you shall be deemed to have read and irrevocably agreed to these "Terms", which may be modified and/or supplemented by 4M at any time without prior notice.
Risk Warning:
Trading digital assets (as defined below) involves significant risks and may not be suitable for all investors. The value of digital assets can fluctuate significantly on any given day and may be affected by external factors such as financial or political events. Price volatility and unpredictability may result in substantial losses, including the potential loss of your entire investment within a short period of time. It is your responsibility to consider whether purchasing, selling, or holding digital assets is suitable for you in light of your own financial condition.
Digital asset activities conducted in certain jurisdictions may be unregulated or subject to limited regulation. Any regulatory changes or actions by any relevant authorities unrelated to 4M may adversely affect the use, transfer, exchange, and value of digital assets. The government of the User''s country may decree that User transactions in digital assets are illegal.
Please read our Risk Disclosure to learn more about the risks associated with accessing the Platform and/or using the Services. However, that document does not explain all the risks that may arise or how these risks relate to your own circumstances. Before accessing the Platform and/or using the Services, you should fully understand the risks involved.
No fiduciary relationship or obligation exists between 4M and you with respect to any transactions (as defined below) or other activities carried out by you when using the Services. We are not your broker, intermediary, agent, or advisor, and we do not provide financial, investment, or advisory counsel of any kind. No communication or information provided by us to you shall be considered or construed as advice of any form.
You must acknowledge that the use of the Services is at your own risk, and you shall independently review and assess whether the Services are suitable for you based on your specific investment objectives, financial situation, risk tolerance, investment experience, knowledge, and needs. You shall be responsible for any losses or liabilities. We do not recommend purchasing, earning, selling, or holding any digital assets. Before purchasing, selling, or holding any digital assets, please conduct your own due diligence and, if necessary, consult your financial, tax, and other advisors. 4M takes reasonable measures to ensure the accuracy of the information on the website. We shall not be held liable for any losses you incur in purchasing, selling, or holding digital assets, including but not limited to any losses caused directly or indirectly by the use of or reliance on such information provided by us.
Definitions
In these "Terms", unless the context otherwise requires, the following words and expressions shall have the meanings respectively assigned to them below:
"Account" means any account or sub-account maintained for you by 4M.
"Account Credentials" means your account information, username, password, personal identification number, API keys, API secret keys, or any other code or form of authentication used by you to access your Account or the Services or to send Instructions.
"Account History" means the written records, including electronic records, regarding your transactions and your Account.
"Affiliate" means any individual, entity, or company that directly or indirectly controls, is directly or indirectly controlled by, or is under common direct or indirect control with another individual, entity, or company by a third party.
"Airdrop" means the distribution or attempted distribution of any digital assets by a digital asset network to digital asset addresses that support the network.
"API" means the application programming interface provided by 4M, its Affiliates, or third-party applications that rely on such API.
"Applicable Law" means all relevant or applicable statutes, laws, principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, local regulations, rulings, directives, announcements, notifications, mandatory codes of conduct, guidelines, practice notes, and interpretations issued by any government or regulatory authority that apply to the provision, receipt, or use of the Services, or are related to the Services, these "Terms", or other applicable terms and conditions of any other products or deliverables.
"Authorized Person" means any person identified and notified to us by you who is authorized to act on behalf of the User with respect to any Corporate Account.
"Available Digital Assets" means the digital assets made available on the Platform in connection with the Services, which may change from time to time.
"4M Intellectual Property" means all intellectual property rights owned by or licensed to 4M.
"Corporate Account" means an account maintained by 4M for providing Services to a company, entity, or other organization.
"Digital Assets" means a digital representation of value or rights that can be transferred and stored electronically using distributed ledger technology or similar technology, including but not limited to cryptocurrencies, stablecoins, non-fungible tokens, and tokenized derivatives of any other digital assets. Digital Assets do not include Fiat Currency (as defined below).
"Dominant Digital Asset" means a forked digital asset determined by 4M, in its sole discretion, to have dominance over one or more other versions of the digital asset resulting from the relevant Fork.
"Fiat Currency" means any national or supranational currency issued by any government or central bank that does not constitute a digital asset, or other monetary obligations denominated in such currency.
"Fork" means any planned, unplanned, sudden, scheduled, expected, unexpected, public, unknown, consensual, and/or disputed change occurring from time to time to the fundamental operating rules of certain digital assets, which change creates one or more versions related to the existing digital asset.
"Improper Intent" means a reasonable judgment by 4M that you may have engaged in suspected or actual market manipulation and/or market abuse, including but not limited to profiting under circumstances where the executable price of a transaction does not align with the current market price, or gaining unjust enrichment by exploiting the manner in which 4M provides pricing.
"Instruction" means any instruction, request, or order issued to 4M by you or an Authorized Person through such medium, form, and manner as 4M may require, relating to the operation of your Account or the execution of any Transaction.
"Intellectual Property Rights" means: (i) registered and unregistered copyrights, patents, database rights, and rights in trademarks, designs, know-how, and confidential information; (ii) applications for registration of any of the foregoing rights and the right to apply for registration; (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
"Network Event" (in relation to Digital Assets) means any event on the blockchain or smart contract underlying a digital asset (excluding Airdrops or Forks) that is beyond our control and results in (a) 4M or a third party losing control or ownership of such virtual asset; or (b) the transaction records on the blockchain being altered, reversed, or otherwise rendered invalid, whether through fraudulent acts or consensus-building mechanisms, which shall include but not be limited to any double-spend attack, 51% attack, or blockchain reorganization, each as determined by 4M in good faith and in its sole discretion.
"Platform" means the digital platform that may be provided to you by 4M or its Affiliates via the Website, mobile applications, APIs, or such other means as 4M or its Affiliates may prescribe from time to time.
"Product Terms" means the specific product terms and conditions applicable when using the Services.
"Prohibited Jurisdictions" means the following countries/regions and other locations designated by 4M from time to time, including Canada (Province of Alberta), Crimea, Donetsk, Luhansk, Cuba, Hong Kong, Iran, North Korea, Singapore, Sudan, Syria, the United States (including the following US territories: Puerto Rico, Guam, the US Virgin Islands, American Samoa, and the Northern Mariana Islands, as well as the following US Minor Outlying Islands: Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Island), Iraq, Libya, Yemen, Afghanistan, Central African Republic, Democratic Republic of the Congo, Guinea-Bissau, Haiti, Lebanon, Somalia, the Netherlands, and South Sudan.
"Restricted Person" means any person included on any trade embargo or economic sanctions, terrorism, or corrupt foreign officials list (such as the United Nations Security Council Sanctions List, lists issued by government agencies including the list maintained by the US Office of Foreign Assets Control (OFAC), the US Department of Commerce''s Denied Persons or Entity List, or lists issued by the United Kingdom, the European Union, or Canada), or any person located in a Prohibited Jurisdiction, or a citizen or resident of a Prohibited Jurisdiction.
"Risk Disclosure" means the risk disclosure statement published by 4M on the Website.
"Services" means the services provided to you by 4M through the Platform.
"Transaction" means the sale, purchase, or entry into, or the agreement to sell, purchase, or enter into any type of transaction involving digital assets, derivatives, other assets or products as 4M may permit on the Platform from time to time, as well as transferring digital assets into or out of your Account.
"US Person" means any natural person who is a citizen or resident of the United States, or any entity registered, incorporated, or operating in the United States, or any entity of which any director, ultimate beneficial owner, or authorized person is a citizen or resident of the United States.
"User Intellectual Property" means the intellectual property rights owned by or licensed to you as of the effective date of these "Terms", and any other intellectual property rights owned, acquired, or licensed by you after the effective date of these "Terms", excluding 4M Intellectual Property.
"User Generated Intellectual Property" means any intellectual property rights created by you under these "Terms", including User Materials, but excluding User Intellectual Property.
"User Materials" means the intellectual property rights in any reviews, posts, information, data, and opinions provided by you or other users to 4M on this Website or Platform through the use of the Services or otherwise.
"Website" means the website located at www.4m.com, and any other websites, webpages, features, or content owned or operated by 4M.
Eligibility
Before using the Services, you must register on the Platform. To be eligible to register an Account and use the Services, you must:
2.1 Be an individual, company, or other organization with full power and capacity to access and use the Services and to enter into and comply with the obligations under these "Terms";
2.2 Be at least 18 years of age (if you are an individual);
2.3 Be duly authorized to act as its representative and bind the entity by entering into these "Terms" (if you are an employee or agent of a legal entity and sign these "Terms" on its behalf);
2.4 Not have been suspended or disqualified from using the Services;
2.5 Not currently hold an Account;
2.6 Not access the Services in a jurisdiction where the use of the Services is not permitted, restricted, or constitutes a violation of law;
2.7 Not be prohibited from using, restricted from using, unauthorized to use, or ineligible to use the Services (in whole or in part) in any form or by any means due to these "Terms", legal, or regulatory requirements; or
2.8 Not be a Restricted Person.
Services
3.1 Once you open an account with 4M, you can use the Services in accordance with these Terms and the applicable Product Terms. You acknowledge and agree that some of the Services may be provided by 4M''s Affiliates.
3.2 The Platform provides you with the following Services (the scope of Services may be updated from time to time):
(i) Relevant information disclosed by Digital Asset projects, including real-time quotes and transaction information;
(ii) Digital Asset trading services;
(iii) Customer service;
(iv) Technical and administrative services to ensure the normal operation of the Platform; and
(v) Other services publicly announced by the Platform.
3.3 Fiat Services:
(i) For the avoidance of doubt, 4M does not conduct or provide any currency exchange services from one Fiat Currency to another Fiat Currency.
(ii) 4M does not provide Fiat Services for exchanging Fiat Currency into Cryptocurrency and/or Cryptocurrency into Fiat Currency, but you may use the same services on 4M. All Fiat Services provided (whether on 4M or via redirection to a third-party website) are provided by third-party providers ("Fiat Service Providers").
(iii) If you wish to use the Fiat Services, you must agree to any terms and conditions, rules, or policies provided by our Fiat Service Providers and provide any information that may be required to use such services. In this regard, all Fiat Services shall be subject to the terms and conditions of our Fiat Service Providers.
Fees and Taxes
4.1 You agree to pay all applicable fees associated with your use of the Services, such as the fees set forth in the following Fee Schedule or otherwise communicated to you in any applicable Product Terms.
4.2 Any calculation we make regarding Service fees is final and binding on you. We will perform the calculations in our sole discretion in good faith, based on the established methodology for the relevant Service.
4.3 You authorize the Company to deduct all applicable fees, commissions, interest, charges, and other amounts owed by you from your account in accordance with these Terms or any Product Terms, calculated as set forth in the Fee Schedule. If you owe us a certain Digital Asset but have an insufficient balance in that Digital Asset, we may deduct the owed amount from your other Digital Assets as repayment (in which case, we will convert the Digital Assets you hold into the Digital Assets you owe at the exchange rate currently provided by the Platform or such other commercial exchange rate as we determine to be reasonable from time to time). If there are insufficient Digital Assets in your account, you acknowledge that any amount due and payable under these Terms shall represent an immediate debt due and payable, the amount and form of which (whether in the form of Digital Assets or otherwise) shall be determined by us in a commercially reasonable manner.
4.4 We may adjust the charges or the Fee Schedule, including adding new fees and/or charges. If you do not wish to accept such adjustments, you may close your account. Your continued access to or use of the Services will be deemed as your acceptance of the updated fees.
4.5 It is your responsibility to determine whether any taxes apply to the payments you make or receive (if any), and to collect, report, and remit the correct tax to the relevant tax authorities. You agree that 4M is not responsible for determining whether any taxes apply to your use of the Services, nor is it responsible for collecting, reporting, or remitting any taxes arising from any transaction or use of the Services. You acknowledge that we may report certain transactions on the Platform to tax authorities, and we may, at our sole discretion or as required by applicable law, provide you with additional documentation or records necessary to calculate any tax liability. We may also, at our sole discretion, withhold and deduct any taxes required by applicable law at the source.
About Your Account
Opening an Account
5.1 To access the Platform and use the Services, you must register for an account. You may register an account as an individual user, or a corporate account for a company, entity, or other organization. All accounts are provided at our sole discretion. 4M reserves the right to refuse any account application without providing reasons.
5.2 If you are an individual user, you may only use your account for yourself and not on behalf of any third party. If you are a corporate user, the Authorized Person may only use the account for your benefit and not on behalf of any third party. You shall not provide direct market access to the Platform to any other party, including through the use of sub-accounts, unless such other party has completed identity verification deemed appropriate by us and has separately logged into the Platform. Any other party so verified shall be deemed an Authorized Person. You agree to accept full responsibility for all activities in your account and bear all risks and losses that may arise therefrom.
5.3 Before opening an account with 4M, you are required to comply with our identity verification procedures. We may also require you to provide us with certain information about yourself and, where relevant, information about all Authorized Persons, in order for you to access and use the Services. For the avoidance of doubt, if you are an individual user, you shall not possess more than one account. You agree that:
(i) All information you provide must be complete, accurate, and truthful. Once there is any change in the information, you must update it promptly.
(ii) You authorize us to conduct any investigations we deem necessary to verify your identity and/or the identity of Authorized Persons, or to protect you and/or us from fraud, money laundering, terrorist financing, or other financial crimes, and to take any action we deem necessary based on the results of the investigation.
(iii) When we make inquiries, you acknowledge and understand that the personal data of you and any Authorized Persons may be disclosed to agencies for identity verification, compliance data recording, credit reference, prevention of fraud or financial crime, and that these agencies may respond in full to our inquiries.
(iv) We may also require you to comply with our enhanced due diligence procedures, submit additional information about you, your business, or your Authorized Persons, provide more records or documents, or conduct interviews with our representatives.
(v) We retain your personal data to enable you to continue using our services for the period necessary to fulfill the purposes described in this Privacy Policy, or as required by applicable laws and anti-money laundering compliance, or otherwise notified to you.
(vi) You may review our Privacy Policy to further understand how we process your personal data.
Account Maintenance
5.4 We may request information from you at any time for the purpose of complying with any applicable laws or identity verification requirements, or in connection with the detection of money laundering, terrorist financing, fraud, or any other financial crime, or for any other justifiable reason. You agree to provide us with any such requested information and permit us to retain all records of transaction information for the duration of your account''s validity as needed to achieve the intended purpose, or for such other periods as prescribed by applicable laws.
5.5 Based on the information collected about you, your access permissions to the account and the transaction limits applicable to your use of the Services may constantly change. If there is reason to suspect that any information provided by you is incorrect, untruthful, outdated, or incomplete, we may issue a notice to you requesting that you correct or delete the relevant information, or take other measures we deem necessary to ensure the truthfulness and correctness of the information provided.
5.6 You must comply with any information requests we issue to you. If you refuse to provide the requested information, or fail to provide it in a timely manner, we have the right to immediately suspend or terminate your access to the account or all or part of the Services without prior notice.
5.7 You must ensure that any account registered in your name is not used by anyone other than yourself, or if you are a corporate user, yourself as the Authorized Person.
Account Information and Transaction Records
5.8 You can view your account history within your account. All records related to the account or Services are for your reference only. Notwithstanding any contrary provision in these Terms, if the information displayed on or provided through the Platform is inconsistent with the information in the records held by us, our records shall prevail, except in the case of manifest error.
5.9 It is your responsibility to check your account history for errors. If any error or unauthorized entry or transaction occurs, you must report it to us within five calendar days from the date the account history is made available to you.
5.10 We may correct any error in your account history at any time, and reserve the right to revoke, cancel, or reverse any transaction involving or resulting from an error, or the right to adjust the relevant transaction to correct the error, or reserve the right to act accordingly where there are reasonable grounds.
5.11 According to these Terms or applicable laws, we may need to share information about your account and account history with third parties and/or our Affiliates. You acknowledge and agree that we have the right to disclose such information.
Account Security
5.12 It is your responsibility to take appropriate measures to protect your hardware and data from viruses, malware, and any inappropriate materials. Unless otherwise provided by applicable laws, you are responsible for backing up and maintaining copies of any information you store or transmit through our services. We shall not be liable for any claims or losses resulting from your failure to comply with these Terms.
5.13 You and any Authorized Person shall maintain full security and adequate control over all account credentials at all times. You and the Authorized Persons are responsible for taking the necessary security measures to protect your account and keep the account credentials secure. You must keep your account credentials secure and defend against any attacks and unauthorized access. If you become aware of or have reason to suspect that the security of your account, the email associated with your account, or the account of an Authorized Person has been compromised, or that any unauthorized use of your account or email account has occurred, you must notify us immediately.
5.14 You must closely monitor your account history and notify us as soon as possible if any unauthorized or suspicious activity occurs in your account.
5.15 If you suspect a security breach, you must notify us immediately and continue to provide us with accurate and updated information throughout the duration of the security breach. The Platform''s account disablement feature or any other method prescribed by us from time to time can immediately lock your account. You shall cooperate with actions we may reasonably request to mitigate, manage, or report any security breach. We have the right to request that you immediately provide any and all information and documentation we deem relevant or necessary to a confirmed or suspected security breach, and you agree to cooperate. You acknowledge and agree that we may provide such information to any third party deemed necessary to investigate or resolve any security breach.
Closing an Account
5.16 You may close your account at any time in accordance with the account termination procedures prescribed by us from time to time. You must pay any outstanding amounts due. You authorize us to cancel or suspend any pending transactions upon closing the account and deduct any outstanding amounts you owe us from your account.
5.17 You may not be able to close your account under the following circumstances:
(i) You are attempting to evade investigations by relevant authorities;
(ii) You have pending transactions or pending claims;
(iii) Your account has outstanding amounts due;
(iv) Your account has been frozen, withheld, restricted, or reserved;
(v) Other reasons at our sole discretion.
Transactions
6.1 You may conduct transactions directly with us or directly with other users, including transactions facilitated by us and those not facilitated by us. We make no representation or warranty that all transactions will be successfully completed or completed within a specific timeframe.
6.2 You are responsible for controlling and using your account. You or the Authorized Person are deemed to have the authority to issue any instructions from your account. You are responsible for closely monitoring your account history and must notify us as soon as possible of any unauthorized or suspicious activity in your account. We shall not be liable for any claims or losses resulting from transactions executed based on unauthorized instructions (including errors, omissions, mistakes, or fraud), unless it can be proven that the unauthorized instruction was entirely due to our technical issues.
6.3 To comply with data retention requirements, you agree to permit us (consent only, not mandatory) to retain all records of transaction information for the duration of your account''s validity as needed to achieve the intended purpose, or for such other periods as prescribed by applicable laws. Please read our Privacy Policy to understand how we collect and use data related to the use of our platform and services.
6.4 You acknowledge and agree that if you execute any transaction with improper intent and/or execute any transaction in error, 4M has the right (without paying any amount, penalty, or assuming any liability, and provided that the handling measures comply with applicable laws) to perform any of the following treatments:
(i) Cancel the transaction / declare the transaction void and treat the transaction as if it had never occurred; or
(ii) Amend the price of the transaction to reflect the prevailing market price for the relevant period (determined by us with reference to available sources of fair market value). You acknowledge and agree that if you enter into a transaction with any third party that relates to or can be canceled/modified based on our rights specified herein, you shall bear full responsibility for such transactions.
Trading Restrictions
6.5 Your account may be restricted due to (i) the transaction amount or transaction volume you conduct, or (ii) the amount or value of Digital Assets you transfer into or out of your account.
6.6 We reserve the right to change any transaction limits applicable to your account at any time in our sole discretion. You may also apply for a change in limits. Any change is at our sole discretion and subject to other conditions we deem necessary.
Instructions
7.1 You must ensure that any instructions submitted are complete and accurate. We are not required to verify the accuracy, authenticity, or validity of any instruction, nor do we monitor or reject instructions because they are duplicate or appear to be duplicate. However, if we have doubts about the accuracy, authenticity, or validity of an instruction, we may refuse to execute or delay the execution of any instruction, or require you to provide additional information.
7.2 Instructions are irrevocable. Once you or an Authorized Person submits an instruction, you have no right to revoke or withdraw the instruction without our written consent. The communication of an instruction is subject to our server receiving your instruction. For any purpose, our records of all instructions shall be conclusive and binding on you.
7.3 By submitting an instruction, you or the Authorized Person authorize us to initiate transactions in your account. Therefore, we have the right to credit or debit your Digital Assets in your account (or provide settlement information to a third party so that the third party may credit or debit) according to your instructions. It is your responsibility to ensure an adequate balance of Digital Assets in your account. If the Digital Assets in your account are insufficient for the transaction (i.e., less than the total amount required to settle the transaction and pay all fees associated with the transaction), we have the right to refuse to conduct any transaction. To the extent permitted by these Terms, 4M may also refuse to execute instructions.
7.4 You acknowledge that instructions and information sent on the Platform or via email are generally transmitted over the Internet and may be transmitted through public, transnational facilities that are not specially protected. We cannot guarantee that the transmitted instructions and information are completely secure from unauthorized access, and you must accept the associated risks.
7.5 Subject to compliance with these Terms and any applicable Product Terms, and provided that your account has a sufficient balance and does not hold relevant Digital Assets associated with any service, you may submit a withdrawal request on the Platform to issue instructions to 4M to transfer Digital Assets to an external wallet address. Upon receiving the withdrawal request, we will (i) deduct the corresponding amount from your account balance; (ii) initiate an on-chain transfer to your designated external wallet. If we believe that applicable law restricts the execution of the relevant withdrawal request, we may not process the withdrawal application. We may also suspend withdrawals when we deem appropriate to resolve any incident on the Platform. Once such incidents are resolved, we will resume the withdrawal function.
Termination, Suspension, and Restriction
8.1 4M may modify, suspend, or terminate any part or feature of the Services at any time without prior notice to you, without your consent, and without providing reasons. Specifically, 4M may: (i) refuse to complete or prohibit, cancel, or, where permitted by applicable law, reverse any transaction you have authorized; (ii) terminate, suspend, or restrict your access to any or all of the Services; (iii) terminate, suspend, close, withhold, or restrict your access to any or all accounts; (iv) refuse to transmit information or instructions to third parties (including but not limited to third-party wallet operators); and/or (v) take any action we deem necessary for any reason and effective immediately under any circumstances, including but not limited to the following situations:
(i) You do not possess or no longer possess the eligibility to use one or more services;
(ii) We have reason to suspect that: (a) the person logging into your account is not yourself, or your account has been used or will be used for illegal, fraudulent, or unauthorized purposes; (b) the person logging into your corporate account is not an Authorized Person, or the corporate account has been used or will be used for illegal, fraudulent, or unauthorized purposes; (c) more than one natural person has accessed the same account and/or conducted transactions, or your account has been used or will be used for illegal, fraudulent, or unauthorized purposes; or (d) the information you provided is incorrect, untruthful, outdated, or incomplete.
(iii) We have reasonable concerns about your creditworthiness or financial condition, including:
If you are an individual, you have become bankrupt, are of unsound mind, have committed an act of bankruptcy, or someone has commenced bankruptcy proceedings against you;
If you act on behalf of a partnership, any partner has died, become bankrupt, or is of unsound mind, has committed an act of bankruptcy, someone has commenced bankruptcy proceedings against a partner, or someone has sued for dissolution and/or modification of the partnership or the partnership charter;
If you act on behalf of a company, the company is unable to pay its debts as they fall due, or the company has commenced bankruptcy, judicial management, receivership, administrative management, or any similar proceedings; or
You convene a meeting of creditors, or propose or make any compromise or arrangement with creditors, or make any assignment for the benefit of creditors;
(iv) Pursuant to Section 5, such information and documentation are required to be supplementally submitted;
(v) Pursuant to Section 5.3(iv), an enhanced due diligence report is required to be supplementally submitted;
(vi) We reasonably believe that applicable law or a court or authority with jurisdiction in any jurisdiction where we are located requires us to take action;
(vii) We determine or suspect that:
You have violated these Terms or any Product Terms;
You have breached any express or implied warranties in these Terms, or breached the representations you have made;
An unauthorized, erroneous, fraudulent, or illegal transaction has occurred, or we have determined or suspected that your account or service is being used in a fraudulent, unauthorized, or illegal manner;
Any money laundering, terrorist financing, fraud, or any other crime has occurred in connection with your account or your use of the Services;
(viii) Your use of the account is subject to any pending, ongoing, or initiated litigation, investigation, or judicial, governmental, or regulatory proceedings, and/or we believe there is an increased risk of non-compliance with legal or regulatory requirements associated with your account activity;
(ix) Amounts you owe to 4M have not been settled, whether due to delayed chargebacks or any other reason;
(x) Any communication sent to your email account is returned as undeliverable;
(xi) Problems occur with your identity verification;
(xii) You take actions that may circumvent our controls, such as opening multiple accounts without our written consent, or abusing activities we may hold from time to time; or
(xiii) There is any other justifiable reason indicating that we need to take corresponding action. In addition to any other rights specified in these Terms, 4M may suspend, terminate, and/or replace the account at any time without notice to you if we deem it necessary or to comply with applicable legal requirements.
8.2 You acknowledge and agree that:
(i) The examples listed in Section 8.1 above of actions we may take to terminate, suspend, close, or restrict your access to accounts and/or services are for reference only and are not an exhaustive list; and
(ii) We may decide to take certain actions based on confidentiality standards essential to risk management and security protocols, including but not limited to terminating, suspending, closing, or restricting your access to accounts and/or services. We are under no obligation to disclose the details of our risk management and security protocols to you.
8.3 If we terminate, suspend, withhold, or restrict your access to one or more services:
(i) Depending on the circumstances, if you have outstanding instructions, orders, positions, or transactions, they may be closed by you or by us;
(ii) Any chargeback resulting from the use of your account or services may lead to the immediate suspension and/or restriction of your account and services;
(iii) To reactivate a suspended and/or restricted account or service, you need to fully repay the pending chargebacks to us, including any amounts owed, such as applicable fees; and
(iv) In the event of a chargeback, you shall be responsible for any credited amounts, and you authorize and permit us to directly deduct costs and expenses from any assets in your account without further notice.
8.4 Illegal Possession. If we become aware of and have reason to believe that any Digital Assets held in your account are stolen or not legally held (whether due to error or otherwise), we have the right (but not the obligation) to seize the relevant funds and your account. If we withhold some or all of the Digital Assets in your account, or restrict your entire account, we may continue to withhold them until we obtain evidence acceptable to us showing that you are indeed entitled to own the relevant Digital Assets in your account. We will not intervene in any dispute or resolution of disputes related to any Digital Assets held in your account.
8.5 Access from Other Jurisdictions. Residents of certain countries/regions may only access some but not all of the Services. The Services open to you may change at any time. If you travel to a prohibited country/region, the Services may become unavailable, and you may be restricted from accessing the Services. You acknowledge that this may affect your ability to trade on the Platform and/or monitor any existing orders or open positions, or otherwise use the Services. You must not attempt to circumvent any such restrictions in any way, including using any virtual private network to modify your internet protocol address.
Available Digital Assets
9.1 4M only provides Services for Available Digital Assets. We may remove or suspend one or more Available Digital Assets. We will use reasonable commercial efforts to notify you in advance. Upon removal or suspension, you will no longer be able to access the relevant Digital Assets through the Services and can only withdraw such Digital Assets from your account. After the specific period notified to you ends, if there are still unavailable Digital Assets remaining in your account, 4M may, at its reasonable discretion, convert such Digital Assets into other types of stablecoin Digital Assets. 4M will notify you in advance before converting the assets, and you may withdraw the Digital Assets within the specified time before the conversion. If you attempt to use your account for Digital Assets that we do not support, or fail to convert them into other types of Digital Assets as described in this section, we assume no responsibility. If you send unsupported Digital Assets to your account, or send Available Digital Assets to an incompatible Digital Asset wallet address, you will lose these Digital Assets, and we assume no responsibility or obligation whatsoever. For certain lost Digital Assets, 4M may, at its sole discretion, provide you with an option to attempt recovery. If we attempt to recover assets on your behalf, we may charge a processing fee. We will calculate all fees at our discretion and inform you of the relevant fees at or before the time you authorize the recovery attempt. We do not in any way guarantee the amount of assets that may be recovered (if any). The actual amount recovered may differ from the estimated amount. We do not evaluate or provide any guarantees regarding the authenticity, objective safety, and security protections of non-Available Digital Assets. You acknowledge and agree that 4M shall not be liable for any losses arising during the recovery attempt process or from the subsequent use of recovered Digital Assets.
9.2 4M may suspend any Services related to specific Digital Assets to decide whether to support a fork. We have no obligation to support a forked version of a Digital Asset held by you in your account, regardless of whether any version generated by the fork of such Digital Asset becomes the dominant Digital Asset. If we choose to support a Digital Asset fork, an official announcement will be released through the website or other means we deem appropriate. You acknowledge that we have no control over or influence on the creation or implementation of forks. We cannot guarantee the security, functionality, or supply of any Digital Asset (including new dominant Digital Assets or other Digital Assets arising from the relevant fork). You may not be able to trade the forked Digital Assets on the Platform and may lose any value associated with the relevant Digital Assets.
9.3 4M does not promise, warrant, or guarantee the outcome of, or support for, potential or proposed forks, forked Digital Assets, or airdrops. 4M may, at its sole discretion, determine whether to declare, list, or distribute any airdrops, forked Digital Assets, or any other Digital Assets, as well as the terms and conditions (including eligibility criteria) applicable to the declaration, listing, or distribution of any airdrops or forked Digital Assets. If you wish to participate in a fork or airdrop, please withdraw the affected Digital Assets to your own private wallet prior to the potential or proposed fork or airdrop.
9.4 We may from time to time support Digital Assets that claim to be backed by another asset (including but not limited to Digital Assets or commodities such as silver and gold) or are otherwise pegged to the value of another asset ("Asset-Backed Digital Assets"). You acknowledge and agree that: (i) prior to conducting any transaction related to Asset-Backed Digital Assets, you have read, acknowledged, and accepted all terms, conditions, and associated risks of such Asset-Backed Digital Assets; (ii) 4M is under no obligation under any circumstances to purchase, repurchase, or facilitate the redemption of the Asset-Backed Digital Assets owned by you. 4M reserves the right to change, suspend, or terminate any Services related to any Asset-Backed Digital Assets at any time in its sole discretion. We make no representations as to whether any specific Asset-Backed Digital Asset can maintain its value relative to any asset, or as to the quantity or quality of the reserves or collateral held by respective issuers or any third party for any Asset-Backed Digital Assets.
Intellectual Property
10.1 4M Intellectual Property. 4M Intellectual Property shall remain the property of 4M. 4M hereby grants you a non-exclusive license for the duration of the validity of these Terms, or until we suspend or terminate your access to the Services (whichever is earlier), permitting you to use 4M Intellectual Property (excluding trademarks) in accordance with these Terms solely for your personal, non-commercial use or internal business use to obtain the Services.
10.2 User Intellectual Property. You hereby grant us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use your User Intellectual Property, provided that such right: (i) constitutes or is related to the use of intellectual property created by the User; and (ii) is necessary for us to provide the Services to you. The license granted by you under this section includes our right to sub-license such license to third parties, provided that such sub-license is necessary for us or any of our Affiliates to provide the Services to you.
10.3 User-Created Intellectual Property. User-Created Intellectual Property shall automatically belong to 4M on the date of its creation. You hereby assign to us (and agree to ensure that any agent, representative, or contractor assigns) and provide full title guarantee, assigning all existing and future rights, titles, and interests in all such User-Created Intellectual Property. Upon request, you shall (and agree to ensure that any agent, representative, or contractor shall) without compensation execute and/or perform all documents we may require and take all actions we may require to perfect the assignment under this section.
10.4 User Materials. You acknowledge and agree that: (i) we assume no responsibility for any User Materials provided on the Platform or Website (whether provided by you or a third party); (ii) the use of such User Materials is at your own risk, and we provide no relevant warranties.
10.5 Our Rights to User Materials. For any reason whatsoever, we have the right, in our sole and absolute discretion, to remove, modify, or refuse any content (including any User Materials) submitted, posted, or displayed by you on the Platform or Website. We reserve the right to take any action we deem appropriate in our sole discretion, including issuing a written warning to you, removing any User Materials, seeking damages or other financial compensation from you, freezing or terminating your account (if any), or suspending your access to the Platform and/or Website. We also have the right to restrict or prohibit your future use of any and all Services.
Prohibited Uses
11.1 When opening an account or conducting any transactions, and without prejudice to any other restrictions set forth in these Terms, you agree that you and any Authorized Person shall not:
(i) Violate these Terms or any agreement entered into pursuant to these Terms, including but not limited to any Product Terms;
(ii) Use the Services for resale or commercial use, including conducting transactions on behalf of other individuals or entities, unless we expressly agree in writing;
(iii) Whether prohibited by applicable law or not, engage in conduct that we, in our sole discretion, determine constitutes market manipulation, including but not limited to pump-and-dump schemes, wash trading, self-trading, front-running, quote stuffing, spoofing, or layering;
(iv) Engage in fraudulent activities, or conduct transactions and/or activities where we suspect that you or any Authorized User is engaging in fraud;
(v) Use the Services to conduct or participate in lotteries, gambling, penny auctions, sports forecasting or odds calculation, virtual sports leagues with cash prizes, online gambling, contests, sweepstakes, or games of chance;
(vi) (a) During a claim process, obtain or attempt to obtain funds from 4M and other users simultaneously for the same transaction; (b) conduct business or use the Services in a manner that may result in complaints, disputes, claims, chargebacks, reversals, fees, fines, or other liabilities to us, other users, third parties, or yourself; (c) allow your account to hold a negative value or negative quantity of Digital Assets;
(vii) Provide false, inaccurate, or misleading information when using the Services, communicating with us, or otherwise in connection with these Terms;
(viii) Purchase or sell Know Your Customer (KYC) information in any form. 4M shall not bear any losses or responsibility for any account or asset ownership disputes or issues arising from a violation of this subsection. 4M has the right to immediately freeze or terminate your account upon the occurrence of any of the following violations of this subsection;
(ix) (a) Use any deep link, web crawler, robot, spider, or other automatic device, program, script, algorithm, or method, or any similar or equivalent manual operation to access, acquire, copy, or monitor any portion of the Platform, or in any way reproduce or bypass the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information not intentionally made available through the Services; (b) attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to any server or service provided by us through hacking, password mining, or any other illegitimate or prohibited means; (c) probe, scan, or test the vulnerability of the Services or any network connected to the Platform, or breach the security or authentication measures of the Services or any network connected to the Services; (d) reverse look-up, trace, or attempt to trace any information of any other user or visitor of the Services; (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or 4M''s systems or networks, or the infrastructure of any systems or networks connected to the Services; (f) use any device, software, or routine to interfere with the proper working of the Services or any transaction, or with any other user''s normal use; (g) forge headers, impersonate, or otherwise manipulate identifiers to disguise your identity or the origin of any message or transmission you send to us;
(x) Modify or adapt all or any part of the Platform, or combine or merge the Platform with other programs or applications;
(xi) Disassemble, decompile, reverse engineer, or otherwise attempt to derive the source code, object code, underlying concepts, ideas, and algorithms of the Platform or any of its components;
(xii) Modify, copy, duplicate, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove, or alter any copyright notices or labels, or license, sub-license, sell, mirror, frame, rent, lease, private label, grant a security interest in, or create derivative works of, or otherwise exploit 4M Intellectual Property or any portion thereof;
(xiii) Transmit any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information related to the Services;
(xiv) (a) Use an anonymous proxy; (b) use any temporary, disposable, self-destructive, or similar email address when opening an account and/or using the Services; (c) use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or services; (d) take any action that may cause us to lose services provided by internet service providers or other suppliers;
(xv) Create or purport to create any security interest over the Digital Assets in your account without our prior written consent;
(xvi) Violate or attempt to violate (a) any applicable law; or (b) the copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy of 4M or any third party; and/or
(xvii) Access, use, or attempt to access or use the Services directly or indirectly through (1) jurisdictions that 4M has identified as high-risk, including but not limited to Prohibited Countries/Regions, or (2) individuals or entities that 4M has identified as high-risk, including but not limited to individuals or entities listed as Restricted Persons. In particular, US persons are prohibited from accessing the Platform and/or using the Services. Any change in your residence or applicable law may cause you to violate any legal or regulatory requirements of the applicable jurisdiction. It is your responsibility to ensure that any transaction is legal and that you remain in compliance with applicable law when your residence and circumstances change.
Representations and Warranties
12.1 You hereby continuously represent and warrant to us that:
(i) All documents and information you provide to us are in all respects true, accurate, complete, and up-to-date, and we may rely on these documents and information to determine your eligibility to access the Platform or use the Services;
(ii) All decisions related to these Terms are made entirely based on your own judgment and after your assessment of your own financial resources, ability and willingness to bear the relevant risks, and financial objectives;
(iii) You have full power, authority, and capacity to (a) access and use the Platform and/or Services; and (b) execute and perform the obligations under these Terms and any agreements entered into pursuant to or in connection with these Terms, including but not limited to any Product Terms;
(iv) If you are a company, a partner in a partnership, or a trustee of a trust:
The company, partnership, or trustee of the trust will comply with applicable law and conform to any partnership or trust deed (or similar documents);
You shall immediately notify us of any changes regarding any directors, partners, trustees, settlors, or ultimate beneficial owners, or any person authorized to operate your account due to resignation, removal, appointment, or death; and
You will immediately notify us if the company, partnership, or trustee of the trust is voluntarily or involuntarily dissolved;
(v) All third-party consents, licenses, authorizations, approvals, and agreements, and all authorizations, approvals, licenses, consents, registrations, declarations, filings, etc., required from regulatory bodies, government departments, commissions, agencies, or other organizations having jurisdiction over you, have been unconditionally obtained in writing, have been disclosed to us in writing, and have not been revoked or modified. These approvals and consents are for (a) accessing and using the Platform and/or Services; and (b) executing and performing transactions contemplated under these Terms and any agreements entered into pursuant to or in connection with these Terms;
(vi) These Terms and any agreements entered into pursuant to or in connection with these Terms constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms;(vii) You are not a Restricted Person;(viii) If you are a legal entity, you are duly incorporated, organized, and validly existing under the laws of your jurisdiction, and have full power to conduct business. If you are an individual, you are not less than 18 years of age; and
(ix) Your access to and use of the Platform and/or Services, performance and execution of these Terms and any agreements entered into pursuant to these Terms, and fulfillment of obligations related to these Terms will not:
If you are a legal entity, a partner in a partnership, or a trustee of a trust, result in a violation of or conflict with any provisions of your charter, articles of incorporation, partnership agreement, trust deed, or other equivalent constitutive documents;
Result in a violation of or constitute a default under any instrument, agreement, document, or undertaking to which you are a party or by which you or any of your property is bound or restricted; and
Result in a violation by you, us, or any third party of any applicable law, any court judgment, arbitrator''s award, or judgment of any governmental or regulatory authority in any jurisdiction.
Disclaimer
13.1 No Representation or Warranty. To the maximum extent permitted by applicable law, the Services and information provided on the Website and Platform are provided on an "as is" and "as available" basis, without representations or warranties of any kind, whether express or implied. We disclaim all implied warranties regarding title, merchantability, fitness for a particular purpose, and/or non-infringement. We make no representation or warranty that access to the Website, Platform, your account, Services, or any materials contained therein will be continuous, uninterrupted, timely, or error-free. This may result in the inability to conduct transactions on the Platform for a period of time and may cause delays.
13.2 Termination of Access. 4M may suspend access to your account and/or Services from time to time or under emergency circumstances for maintenance. We will use reasonable efforts to ensure that transactions on the Platform are processed in a timely manner; however, we make no representation or warranty regarding the time required to complete processing, as this depends on many factors beyond our control.
13.3 Content. Although we use reasonable efforts to update the information on the Website and Platform, we make no representations, warranties, or guarantees, whether express or implied, as to the accuracy, completeness, or timeliness of the content on the Website and Platform (including information related to the Services).
13.4 Third-Party Websites. For convenience, you may access or link to third-party websites (including but not limited to the content, materials, and/or information in third-party websites) from this Website and/or Platform. You acknowledge and agree that we assume no responsibility for any aspect of any content, materials, information, or services contained therein.
13.5 Network Access and Hardware. You are responsible for obtaining the data network access necessary to use the Services. You should acquire and update compatible hardware or devices necessary to use the Services. We explicitly do not guarantee that the Services or any portion thereof will function on any specific hardware or device. Although we will use our best efforts to provide the Services, you should be aware that the Services may be affected by inherent failures and delays of the Internet and electronic communications, which are beyond our reasonable control.
Material Interests and Conflicts
14.1 You acknowledge that 4M is involved in activities related to Digital Assets.
14.2 You acknowledge and agree that, unless explicitly set forth in these Terms, neither your relationship with us, any service, nor any other matter will give rise to any legal, equitable, or fiduciary duties on our part or on the part of any of our Affiliates. In particular, we may act in multiple capacities from time to time, and in those capacities, we may receive fees or commissions from multiple users. You agree that we may act in the aforementioned capacities, provide any other services, or conduct any business for you, any of our Affiliates, or any other users.
14.3 You acknowledge and agree that neither we nor any of our Affiliates are required to (i) consider any information known to us or any Affiliate that constitutes a material interest; (ii) disclose any such information to you; or (iii) use any such information for your benefit. We further clarify that in the course of providing Services, we may from time to time obtain general market information and may use such information in the ordinary course of business.
14.4 We have established and maintain effective organizational and administrative arrangements designed to take all appropriate steps to identify and manage conflicts of interest between us, our users, and relevant third parties, thereby preventing conflicts of interest from adversely affecting user interests. Where such organizational and administrative arrangements are insufficient to ensure that the risk of damage to your interests is prevented, we will inform you of the nature and/or source of the relevant conflict of interest, as well as the measures taken to mitigate these risks, so that you can make an informed decision on whether to continue transacting with us. We reserve the right at all times to refuse to provide services to you in cases where conflicts of interest cannot be otherwise managed.
Indemnification
15.1 Third-Party Claims. You hereby undertake and agree to provide full indemnification upon our request and hold us harmless from any and all claims, lawsuits, actions, demands, disputes, allegations, or investigations brought by any third party, government agency, or industry body, as well as all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation), costs, and expenses, including but not limited to all interest, penalties, and reasonable legal and other attorneys'' fees and other professional fees ("Losses"). These Losses arise out of or are related to:
(i) Your access to or use of your account and/or Services;
(ii) Your breach or alleged breach of these Terms, including any applicable Product Terms and any other terms and conditions incorporated by reference;
(iii) Your violation of any applicable law; and
(iv) Infringement of the rights of any third party.
15.2 Release. You hereby irrevocably and unconditionally agree to release us from any and all liability for claims and demands (and waive any rights you have now or may have in the future against us related to any Losses you may suffer or incur) directly or indirectly arising out of or related to disputes between you and any other users or third parties regarding the Services or these Terms.
Liability
16.1 Our Liability. Unless such Loss arises directly from 4M''s gross negligence, willful misconduct, actual fraud, or a material and continuous breach of these Terms, 4M assumes no liability or obligation for any Loss suffered by you or any third party. Without prejudice to the foregoing, notwithstanding any other provision in these Terms, the liability of 4M and its Affiliates to you shall not exceed the total fees paid by you to 4M within the three (3) months prior to the occurrence of the event causing the Loss. Such amount shall be paid to you as a full and final settlement and discharge of any and all Losses and claims (however arising) caused by the relevant event against us and any of our Affiliates. You acknowledge and agree that neither 4M nor any of its Affiliates is aware of any special circumstances related to you, and you are aware that damages are an adequate remedy, and you have no right to assert any other claims or remedies in law or equity, including but not limited to any proprietary claims, injunctions, and/or specific performance.
16.2 Limitation of Liability. Notwithstanding any other provision in these Terms, you hereby acknowledge and agree that under no circumstances shall 4M or any of its Affiliates bear liability or obligation to you or any other individual or entity for:
(i) Any direct or indirect loss (including loss of profit, loss of business, or loss of opportunity), damage, or expense arising from the Services or other causes, including but not limited to:
Any risks set forth in any risk disclosures, as updated from time to time;
The operation, functionality, security, or availability of any underlying protocol of a Digital Asset;
Whether Asset-Backed Digital Assets can maintain their value relative to any asset, or whether their issuers hold sufficient reserves for Asset-Backed Digital Assets;
Any act or omission taken in accordance with these Terms;
Any inaccuracy, omission, or error in Digital Asset price data, any error or delay in the transmission of such data, and any interruption of such data;
Maintenance performed by 4M regularly or irregularly, including any service interruptions and changes resulting from such maintenance;
Theft of equipment used to access and use the Services;
Any damage caused by the acts, omissions, or breaches of these Terms by other users, as well as the acts of any other third parties;
(1) Any damage or interruption caused by any computer virus, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attacks; (2) failure, damage, or destruction of your hardware due to any reason, or corruption or loss of any records or data stored on your hardware; or (3) your use of internet connection services or encountering any technical problems, system failures, functional failures, communication line failures, network congestion or high request frequency, related issues, security breaches, or any similar technical problems or defects;
Our decision to refuse your account application;
Termination, suspension, withholding, or restriction of access to any account or service pursuant to these Terms or any applicable Product Terms, including the inability to withdraw Digital Assets, issue instructions, or conduct transactions during the suspension, withholding, or restriction period;
Any transaction limits applicable to your account;
Our decision to support or not support certain Digital Assets;
4M''s inability to contact you through the contact information you provided;
4M closing a dormant account;
Transaction failure or exceeding the time required to complete any transaction;
Our refusal or delay in executing any instructions;
Any security breach occurring in your email account;
Losses you suffer due to third-party actions (including third-party fraud or scams involving 4M solely as the recipient of your Digital Assets);
Losses you suffer due to the transfer of Digital Assets out of the Platform at your request;
Any losses arising out of or related to newly offered Digital Assets, initial coin offerings (ICOs), or decisions to list or not list Digital Assets on the Platform;
Network incidents, forks, or airdrops;
The correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing, or continuous availability of the Services, or delays or omissions of the Services, or the failure of any connection or communication services to provide or maintain your access to the Services, or interference or interruption of your access, or any miscommunication between us, regardless of the cause; and
Any transactions, instructions, or operations conducted or claimed to be conducted through your email account or account;
(ii) Any loss of business, profit, anticipated savings, or opportunity, or any special, punitive, aggravated, incidental, indirect, or consequential loss or damage, whether arising out of or related to this Website, Platform, your account, Services, these Terms, Product Terms, Privacy Notice, and/or any agreement entered into pursuant to these Terms or other terms;
(iii) Any loss or damage you may suffer due to manifest error and/or severe market volatility and/or the cancellation/modification of any transaction, however arising, whether direct or indirect, special or consequential, including but not limited to loss of profit and loss of opportunity, even if 4M is aware of the possibility of such loss or damage, or if such loss or damage is reasonably foreseeable; and/or
(iv) Participation in any loss constituting a claim that has not been raised by way of formal legal action within one (1) calendar year after the commencement of the matter giving rise to the claim. You agree and acknowledge that this section may alter any limitation period applicable in law, and if prohibited by applicable law, this section shall be deemed a limitation clause with the minimum enforceable time limit. Without prejudice to the generality of the foregoing, you agree that claims shall be resolved entirely through binding arbitration.
16.3 Damage or Interruption. 4M assumes no responsibility or liability for any damage or interruption caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attacks. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks. You should exercise caution when reviewing messages purporting to originate from us.
Amendment of Terms
17.1 4M may amend these Terms and any terms and conditions incorporated by reference (including any Product Terms) at any time, and your continued use of the Services indicates your agreement to such amendments. Changes to these Terms will be published on this Website and may also be notified to users separately via email, the application, or other means as determined by 4M in its sole discretion.
17.2 4M will endeavor to notify users before amendments to the terms become effective. However, we may sometimes need to make changes that take effect immediately, in which case we will notify users as soon as possible after the changes take effect. Amendments that may take effect immediately include, but are not limited to: (i) amendments tailored to legal and/or regulatory requirements; or (ii) amendments that make these Terms clearer.
17.3 Except in cases where amendments take effect immediately, any updates to these Terms will take effect after notifying users. If you are unwilling to accept the changes, you may close your account in accordance with the provisions of these Terms. Your continued access to or use of any Services will be deemed as your acceptance of the updated terms.
Governing Law and Dispute Resolution (Subject to Further Review)
18.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of Hong Kong, without regard to any choice of law or conflict of law rules.
18.2 Notice of Claim. To the extent permitted by law, you agree to waive the right to a jury trial and waive the right to have any dispute arising out of or in connection with these Terms resolved in court. For any dispute or claim you raise against 4M, or any dispute or claim related in any way to these Terms, you agree to first contact 4M and attempt to informally resolve the claim by sending a written notice of claim ("Notice") to our email "legal@4m.com". The Notice must:
(i) include your name, residential address, email address, and phone number;
(ii) describe the nature and basis of the claim; and
(iii) specify the specific relief sought. If you and 4M are unable to reach an agreement to resolve the claim within 30 days after receiving such Notice, either party may submit the dispute to binding arbitration as specified below.
18.3 Dispute Resolution. Any dispute, controversy, difference, or claim arising between you and 4M (and/or any of its Affiliates) out of or in relation to the following matters shall be submitted to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted: (a) these Terms or any Product Terms, including their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability, or the consequences generated by their invalidity; (b) the relationship between you as a user and 4M (and/or any of its Affiliates) (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claim arises during the validity or after the termination of these Terms); and (c) any dispute regarding non-contractual obligations related to these Terms, any Product Terms, or the relationship between you and 4M (and/or any of its Affiliates). The arbitral award shall be final and binding. The arbitration clause specified in this section shall survive the termination of these Terms. You and we agree that:
(i) the law applicable to this section shall be Hong Kong law;
(ii) the seat of arbitration shall be Hong Kong;
(iii) the arbitration proceedings shall be conducted in English;
(iv) unless otherwise agreed by you and us, the number of arbitrators shall be 1, and such arbitrator must possess relevant legal and technical expertise;
(v) if you and we fail to agree on the appointment of the arbitrator within 15 working days after the dispute enters arbitration proceedings, the arbitrator shall be appointed by the Hong Kong International Arbitration Centre;
(v_i) the arbitrator may only conduct individual arbitration and shall not:
consolidate the claims of multiple individuals;
preside over any type of class or representative action; and
preside over any proceeding involving more than one individual. Any claim initiated by you due to or in connection with these Terms must be commenced in arbitration strictly within one year after the claim arises, failing which the limitation period for the claim will expire and become irrevocable. The expiration of the limitation period means that there is no longer any legal right to assert such claim, nor any formal legal action. Notwithstanding other provisions in these Terms, you agree that we have the right to apply for injunctive relief (or equivalent types of emergency legal relief) or equitable relief in any jurisdiction. You agree that any dispute arising out of or in connection with these Terms of Use:
(i) relates solely to you and 4M; and
(ii) shall be resolved solely through individual actions, and shall not be brought as a class arbitration, class action, or any other type of representative action. If any part of this section is found to be unenforceable or unlawful for any reason:
(i) only the unenforceable or unlawful terms shall be severed/deleted;
(ii) the severing of the unenforceable or unlawful terms shall have no impact on the remainder of this section or the ability of the parties to compel arbitration of any remaining claims pursuant to this section; and
(iii) if any claim must consequently proceed in a class, collective, consolidated, or representative manner, such claim must be litigated in a civil court of competent jurisdiction rather than through arbitration, and both parties agree to stay litigation of such claims pending the outcome of any individual claims in arbitration.
18.4 Confidentiality. Both parties agree that the arbitration shall be confidential. The existence of the arbitration, the existence or content of the claim, all documents and information provided or exchanged in connection with the arbitration, as well as any submissions, orders, or awards made in the arbitration shall be kept confidential and shall not be disclosed to any third party by either party, except to the arbitral tribunal, the Hong Kong International Arbitration Centre, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other persons necessary for conducting the arbitration. Notwithstanding the foregoing, a party may still disclose such confidential information under the following circumstances:
(i) upon obtaining the written consent of the other party;
(ii) to the extent required by applicable law or the regulations of any competent regulatory or supervisory authority to which that party is bound or may be bound, or pursuant to any order of a competent court or other authorized body or tribunal;
(iii) in connection with the initiation, conduct, or defense of any lawful legal proceedings brought by a party to enforce or challenge any award made in the arbitration; and
(iv) without violating these Terms, the relevant confidential information has entered the public domain. The confidentiality obligations in this section shall survive the termination of these Terms and the conclusion or suspension of any arbitration brought under these Terms.
General
19.1 Applicable Law. By using the Services, your account, and the Platform, you and any Authorized Users must comply with all applicable laws, any relevant licensing requirements, and third-party legal requirements (including data privacy laws, anti-money laundering laws, and laws countering the financing of terrorism).
19.2 Notices. After your use of the Services, we may send you any notices or communications related to your use of the Services via the email account associated with your account. It is your responsibility to ensure that you provide an accurate and up-to-date email account. If a notice is sent to your email account, it shall be deemed received by you regardless of whether you receive a delivery failure notification. Any notice, consent, or other communication issued pursuant to these Terms must be in writing, in English, and signed or otherwise authorized by the sender.
19.3 Announcements. All official announcements, news, and events will be published on the Website and/or the Platform. These announcements are highly important and may involve issues that could affect the value of your Digital Assets or their security. You should regularly check the Website to read and carefully consider the content of the announcements.
19.4 Entire Agreement. These Terms and any applicable Product Terms constitute the entire agreement between you and 4M regarding the Services. Both parties acknowledge that, except for the content expressly specified in these Terms or any Product Terms, neither party relies on any statement, representation, warranty, or guarantee (whether made negligently or innocently), nor enjoys any rights or remedies associated therewith.
19.5 Assignment. Without our prior written consent, you may not assign or transfer any of your rights or delegate all or any part of your obligations under this Agreement. However, we may at any time assign or transfer any of our rights or obligations under these Terms to any other person, including but not limited to any merger, acquisition, or other corporate restructuring involving 4M.
19.6 Severability. If any provision in these Terms is or becomes unlawful, invalid, or unenforceable at any time, the legality, validity, or enforceability of the remaining provisions shall not be affected or impaired in any way.
19.7 Records. Subject to applicable law, you agree that 4M may, without further disclosure or obtaining your consent, record any communications we have with you regarding these Terms, including communications used to give instructions or conduct transactions. Any records maintained by us will constitute evidence of the communications between you and us. You agree that we may use call recordings, transcripts, message records, or other communication records so that we can ensure compliance with applicable laws, provide customer support, handle any disputes related to these Terms, and use them in any other manner not prohibited by applicable law. The content of these records will be the exclusive property of 4M. 4M may also disclose the aforementioned call recordings, transcripts, message records, or other communication records to any applicable regulatory authorities, law enforcement agencies, or specialized agencies (including tax authorities), or disclose the same as otherwise required by applicable law.
19.8 Language. These Terms may be translated into languages other than English. Any such translation is provided solely for your convenience. In the event of any inconsistency or ambiguity, the English version shall prevail.
19.9 Third-Party Rights. Except for content related to Affiliates, nothing expressed or referred to in these Terms shall be construed as giving any person other than the parties to these Terms any legal or equitable right, remedy, or claim. These Terms are valid solely for the parties to these Terms and their successors and permitted assigns.
19.10 Survival. All provisions in these Terms which by their nature survive the expiration or termination of these Terms shall remain binding after termination or expiration.
19.11 Relationship of the Parties. 4M is not your agent in performing these Terms. These Terms shall not be construed as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
19.12 Digital Assets. We record the quantity and type of Digital Assets credited to your account. These Digital Assets will not be kept in separate wallets on-chain from Digital Assets held by other users or Digital Assets maintained by 4M for business purposes. An internal ledger is used to record the quantity and type of Digital Assets to which customers are entitled. Each user will have a ledger-based off-chain account or sub-account with a unique identifier (UID) and associated login credentials, and the credited balance of the relevant user will be recorded. 4M is not a trustee of any Digital Assets credited by you and owes no fiduciary responsibilities to you for any Digital Assets credited by you. When you instruct us to transfer or otherwise process Digital Assets, we will not use any specifically identifiable Digital Assets to execute such instructions. Subject to compliance with these Terms, 4M will, when executing your instructions, use Digital Assets of the exact same quantity and type as the Digital Assets deposited into your account. You will be entitled to obtain Digital Assets of the exact same quantity and type as the Digital Assets credited to your account.
19.13 Force Majeure. We shall not be liable for any failure or delay in performing the requirements of these Terms caused by factors beyond our reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages or unavailability of energy, raw materials, or supplies, war, terrorism, riots, or epidemics.
19.14 Waiver. Any delay or omission by 4M in exercising any right or remedy under these Terms shall not be construed as a waiver of that right or remedy or any subsequent right or remedy to enforce that right or remedy. The rights and remedies specified in these Terms are cumulative and do not exclude any rights or remedies provided by applicable law.
19.15 Set-off. In addition to any other rights or remedies specified in these Terms or by law, we may set off any amounts you owe us under these Terms or other terms. Except as otherwise provided by applicable law, you must pay all amounts owed to us without any set-off, counterclaim, deduction, or withholding in any manner.
19.16 Privacy. If you obtain information of other users through the Platform or by using the Services, you must keep such information confidential and may only use such information in connection with the Services in accordance with applicable law. You shall not disclose or distribute any user information to third parties, or use such information in any manner, except as reasonably required to achieve transactions.
19.17 Death of Account Holder. In the event of your death or incapacity, or if we have reason to believe that you have passed away, we may freeze your account. Your account will be frozen until: (i) your estate representative or beneficiary successfully completes the inheritance application required by 4M (4M may update relevant requirements from time to time without prior notice) to receive the assets in your account; or (ii) you provide sufficient proof demonstrating that you have not passed away. The transfer of assets to your account pursuant to this section is subject to the restrictions of applicable law and these Terms. We make no promises or guarantees regarding any specific timeline for the transfer of credited account assets.
19.18 Taxes. It is your responsibility to determine whether any taxes apply to the payments you make or receive (if any), and to collect, report, and remit the correct tax to the relevant tax authorities. 4M is not responsible for determining whether any taxes apply to your use of the Services, nor is it responsible for collecting, reporting, or remitting any taxes arising from any transaction or use of the Services. You acknowledge that we may submit certain reports regarding transactions conducted on the Platform to the relevant tax authorities. 4M may, at its sole discretion or as required by applicable law, provide you with additional information for calculating any taxes. We may also, at our sole discretion, withhold and deduct any taxes required by applicable law at the